Currently psilocybin mushrooms are legal or decriminalized in two states; Colorado and Oregon. However, activists and lawmakers in numerous other states are working to make theirs the next to allow the possession of magic mushrooms.
Dried psilocybin mushrooms.
Despite the majority of states having legislative efforts to legalize or decriminalize psilocybin, some have garnered much more support than others, including some with efforts that are actively working their way through the legislative process.
That being said, below are the 10 states next in line to legalize psilocybin, the psychedelic compound found in “magic mushrooms”.
Massachusetts
In January Massachusetts for Mental Health Options (MMHO) submitted over 96,000 valid signatures for their psychedelics initiative, well more than the roughly 74,000 needed to force a vote of the legislature. In March, the special Joint Committee on Initiative Petitions held a public hearing on the measure. If the measure isn’t approved through the full legislature by May 1, MMHO will be given until July to collect an additional 12,429 signatures. If they’re successful, the proposal will be put to a vote of the people in this November’s presidential election.
The proposed law would legalize the possession and personal cultivation of up to one gram of DMT, 18 grams of non-peyote mescaline, 30 grams of Ibogaine, one gram of psilocybin and one gram of psilocin. Possessing up to twice this amount would be punishable by a fine of up to $100.
“This brings psilocybin and other breakthrough psychedelic therapies one big step closer to being available to adults dealing with depression, anxiety and other mental health challenges,” Jennifer Manley, a spokesperson for MMHO, said earlier this year when the group submitted signatures for their initiative. “We look forward to working with legislative leaders on the possibility and promise of natural psychedelic medicine as we continue our work to provide therapeutic access to these groundbreaking treatments.”
The initiative would “expand mental health treatment options in Massachusetts by providing new pathways to access natural psychedelic medicine therapy”, including “creating access to natural psychedelic medicine therapy and removing criminal penalties for personal possession of these medicines.”
The law would allow licensed service centers to supply psychedelics, overseen by a newly-created Natural Psychedelic Substances Commission (modeled after the state’s Cannabis Control Commission),
Psychedelics under the initiative would be subject to a 15% excise tax. The initiative would take effect on December 15, 2024, with the commission formed by March 1, 2025.
California
Last week a second committee in California’s Senate gave approval to a bill to legalize therapeutic access to a handful of psychedelic substances, including psilocybin. The measure would establish a system of licensed service centers in which those 21 and older could have legal access, and could legally consume, a variety of psychedelic substances such as psilocybin, mescaline, DMT and MDMA.
In October Governor Gavin Newsom vetoed a bill to legalize psychedelics. SB 1012 has been designed to avoid an additional veto by narrowing the scope of the proposal and taking a more moderate approach.
“Psychedelics, when used safely, can turn people’s lives around, and we owe it to Californians to make these substances accessible in a safe and secure context, under the supervision of a licensed professional,” says Senator Scott Weiner, the bill’s primary sponsor. “I thank the Business and Professions Committee for recognizing that need today.”
Under the proposed law, psychedelic facilitators would be required to undergo training and obtain a license from a board established as part of the California Department of Consumer Affairs (DCA). A “Division of Regulated Psychedelic-Assisted Therapy” would be established under the under the Business, Consumer Services, and Housing Agency, tasked with regulations for the new program.
The full text of this bill can be found by clicking here.
Connecticut
The Joint Committee on Judiciary voted earlier this month to pass legislation to decriminalize the personal possession of psilocybin mushrooms. The measure would make it so that any person “who possesses or has under such person’s control less than one-half ounce of psilocybin shall, for a first offense”. For subsequent offenses the fine would be “not less than two hundred dollars or more than five hundred dollars.”
The measure clarifies that law enforcement officer issuing a complaint for a violation of this section “shall seize the psilocybin and cause such substance to be destroyed as contraband in accordance with law.”
Th legislation states that “Any person who, at separate times, has twice entered a plea of nolo contendere to, or been found guilty after trial of, a violation of subsection (a) of this section shall, upon a subsequent plea of nolo contendere to, or finding of guilty of, a violation of said subsection, be referred for participation in a drug education program at such person’s own expense”.
The full text of the proposed law can be found by clicking here.
Arizona
A key House committee gave approval last month to legislation that would legalize psilocybin therapy centers where individuals can legally consume psilocybin in a medical, supervised setting, with trained staff constantly available. Licensing for these centers would be handled by the Department of Human Services (DHS).
An Arizona Psilocybin Advisory Board would be established under the bill, tasked with overseeing training criteria for those working at service centers. The board would also recommend to lawmakers any potential law changes.
The board would be required to submit an annual report on “medical, psychological and scientific” studies related to psilocybin, starting on July 31 of next year. The board would also be tasked with developing a long-term plan for ensuring psilocybin access remains “safe, accessible and affordable”.
You can find more information on Senate Bill 1570, including its full text, click here.
Hawaii
Three different House committees have given approval to legislation that would allow the therapeutic use of psilocybin mushrooms. The proposed law would establish an affirmative defense for those possessing and using psilocybin if they have a qualifying condition and receive approval from a licensed physician.
Qualifying conditions include:
- Post-traumatic stress disorder
- Treatment-resistant depression or major depressive disorder
- End-of-life anxiety, existential stress, and demoralization
- Anorexia, bulimia, and other eating disorders
- Addiction
- Obsessive compulsive disorder; and
- Any other mental health condition approved by the department of health pursuant to administrative rules adopted in response to a request from a potential qualifying patient or licensed mental health professional.
“The purpose of this Act is to ensure that people who struggle with trauma and treatment-resistant mental health ailments are not penalized by the State for the use of psilocybin for therapeutic purposes when the patient’s licensed mental health professional provides a professional recommendation that the benefits of therapeutic use of psilocybin would likely outweigh the health risks for the qualifying patient”, states the bill’s text.
The measure would allow “facilitators” to administer psilocybin to qualified patients. Up to five grams could be administered per session. The measure mandates that each facilitator:
- Be twenty-one years of age or older;
- Have received a high school diploma or equivalent degree;
- Complete a psychedelic integration training program having a curriculum approved by office of wellness and resilience;
- Be a resident of the State; and
- Support each client during the three components of psilocybin services, including a preparation session, an administration session, and an integration session without directing the qualifying patient’s experience; provided that nothing herein shall be construed as requiring the facilitator to be physically present for the administration of psilocybin to the applicable qualifying patient.
For the full text of House Bill 2630, click here.
A companion bill with identical language has also been filed in the Senate.
Rhode Island
Legislation to legalize the personal possession and cultivation of psilocybin (“magic”) mushrooms was filed earlier this year in the Rhode Island Legislature, with it garnering substantially support in the weeks since.
If passed into law, the possession of up to one ounce of psilocybin mushrooms would be legalized for those 21 and older. The law amends the state’s drug laws to state that “Nothing in this chapter shall apply to any compound, mixture, or preparation containing less than one ounce (1 oz.) of psilocybin provided the following conditions have been met:
(1) Psilocybin is in possession of one person or shared by one person to another; or
(2) Psilocybin has been securely cultivated within a person’s residence for personal use.”
The measure states that “Contingent upon the United States Federal Drug Administration’s (FDA’s) rescheduling of psilocybin the Rhode Island department of health shall establish rules and regulations pertaining to cultivation, distribution and medical prescription.”
The full text of House Bill 7047 can be found by clicking here.
Vermont
Legislation to decriminalize the possession and distribution of psilocybin mushrooms was given approval by two Senate committees last month, and will soon be considered by the full chamber.
The measure would “remove criminal penalties for possessing, dispensing, or selling psilocybin”, while establishing a Psychedelic Therapy Advisory Working Group.
According to its official legislative summary, this bill “proposes to make findings regarding the therapeutic benefits of psilocybin, to remove criminal penalties for possession of psilocybin; and to establish the Psychedelic Therapy Advisory Working Group to examine the use of psychedelics to improve physical and mental health and to make recommendations regarding the establishment of a State program similar to Connecticut, Colorado, or Oregon to permit health care providers to administer psychedelics in a therapeutic setting.”
The bill’s full text can be found by clicking here.
Missouri
Missouri’s full Senate is scheduled to vote soon on legislation that would facilitate research on the therapeutic use of psilocybin mushrooms. Senate Bill 768 was prefiled by Senator Holly Thompson Rehder in December, and it was approved through the Senate Emerging Issues Committee in March. Tomorrow, the measure is scheduled to receive consideration by the full Senate, with approval sending it to the House of Representatives.
According to its official summary, under this act “any person who acquires, uses, produces, possesses, transfers, or administers psilocybin for the person’s own therapeutic use shall not be subject to state or local criminal or civil penalties if the person:
(1) is a Missouri veteran,
(2) is 21 years of age or older,
(3) suffers from a condition listed in the act,
(4) has enrolled or sought to be enrolled in a study regarding the use of psilocybin to treat such conditions,
(5) informs the Department of Mental Health that such person plans to acquire, use, produce, possess, transfer, or administer psilocybin under this act,
(6) provides the Department with specified documentation and information,
(7) ensures the psilocybin is tested in a licensed laboratory, and
(8) limits the use of psilocybin to no more than 150 milligrams of psilocybin analyte during any 12-month period. “
Although the measure would not legalize or decriminalize psilocybin, it would be a step in that direction, with proponents of legalization hopeful that this will lead to further reform in the coming years.
Maine
Maine’s full legislature has now given approval to legislation to establish a psilocybin task force, with one final technical vote required in the Senate before it can be sent to Governor Janet Mills.
Senate Bill 1914 would establish a “Commission To Study Pathways For Creating a Psilocybin Services Program in Maine”. As filed, the bill would have legalized the medical use of psilocybin for all qualified patients, but it was amended during the Senate committee process to instead establish a task force, with the goal to address full legalization in a future legislative session.
The psilocybin task force setup under the proposal could study psychedelics including but “not limited to psilocybin”, although psilocybin will likely be the primary focus. The task force would be tasked with designing a “long-term strategic plan for ensuring that psilocybin services will become and remain a safe, accessible, and affordable therapeutic option for all persons who are 21 years of age or older and for whom psilocybin services may be appropriate”, and they would be required to “advise and make recommendations to the legislature regarding a legal framework for the therapeutic use of psychedelic drugs.”
The task force would be required to submit a report to the legislature by November 6, 2024.
Indiana
An Indiana House committee has overwhelmingly passed a bill to fund psilocybin research that’s already passed the full Senate.
Senate Bill 139 “establishes the therapeutic psilocybin research fund, administered by the Indiana department of health (state department), to provide financial assistance to research institutions in Indiana to study the use of psilocybin to treat mental health and other medical conditions.”
The measure “Requires a research institution that receives a grant to conduct a clinical study to prepare and submit a report to the interim study committee on public health, behavioral health, and human services, the state department, and the division of mental health and addiction.”
The proposal would require the state to have a process in place for issuing funds by July 1.
As with Missouri’s measure, SB 129 would not decriminalize or legalize psilocybin, but it’s a step in that direction.
