Legal Magic Mushrooms: Global & U.S. Laws in 2025

Over the last decade, magic mushrooms, once considered a fringe psychedelic drug, have become widely accepted as a legitimate way to broaden one’s mind and help curb depression and anxiety. There’s more clinical research being conducted on psilocybin (the psychedelic compound within mushrooms) than ever before, and federal laws are starting to soften regarding the use of psilocybin for treatment. 

Still, it is primarily illegal worldwide, and you should be well-informed on federal and state laws before embarking on an experience of your own. What follows is a brief overview of the legal status of psilocybin. This is not a definitive guide to the legality of psychedelic drugs. Always triple-check your local regulations before taking any substance. 

So, Are Magic Mushrooms Legal?

Mostly no. Mushrooms containing psilocybin are illegal in most countries. However, there are several exceptions. The Netherlands legally permits psilocybin truffles (though not mushrooms), Jamaica has no explicit prohibition allowing retreat centers to operate openly, and Brazil’s laws create a permissive gray area. In the United States, psilocybin remains federally illegal as a Schedule I substance, but states like Oregon and Colorado have legal frameworks for supervised use in licensed, clinical settings.

Understanding Mushrooms vs. Truffles

You’ll read and hear a lot about psychedelic (or “magic”) mushrooms and truffles the more that you research this topic, and while you can go deep down this particular rabbit hole, we’ll give you a quick rundown.

Mushrooms and truffles are a part of the same fungi. Mushrooms are the fruiting bodies of fungi that sprout above ground. And truffles (scientifically referred to as the “sclerotia”) are the underground portion of the fungus that stores nutrients. Both truffles and mushrooms contain psilocybin, which is the compound within the fungus that elicits a psychedelic response, but they’re legally treated differently in some jurisdictions.

This distinction is most notable in the Netherlands, after psilocybin mushrooms were banned in 2008. Since the law only specifies the banning of the fruiting body of fungi, a loophole exists that allows people to possess and consume psilocybin truffles legally. This created the foundation for the Netherlands’ thriving legal psilocybin retreat industry, where providers offer truffle-based experiences with comprehensive preparation and integration support.

Where Are Magic Mushrooms Legal? 

Legal status varies dramatically worldwide, reflecting different cultural attitudes, policy priorities, and enforcement approaches.

Netherlands

The Netherlands offers the most established and clear legal policies regarding psilocybin, making it the safest country to visit. Psilocybin mushrooms are prohibited, but a person can possess and consume psilocybin truffles. As a result, professional, safety-forward retreat centers have popped up all over the Netherlands. For example, Beckley Retreats operates in the Netherlands and offers multi-day programs that include medical screening, experienced facilitators, and weeks of integration support following the experience.

Jamaica

The legal status in Jamaica is a touch more gray. While there aren’t any laws prohibiting the use of psilocybin, there also aren’t any laws prohibiting its use. Jamaica has taken steps as recently as 2021 to become more active in the industry, and a growing wellness tourism sector is now offering mushroom retreats. Although there’s no formal licensing structure yet, many reputable providers have adopted rigorous safety standards, medical screening protocols, and integration protocols to ensure participant well-being. Beckley Retreats also offers psilocybin retreats in Jamaica at its Good Hope facility. 

Brazil

Similar to Jamaica, there’s a lack of defined laws that create a permissive environment. Brazil doesn’t specifically ban psilocybin or psilocybin-containing fungi, and psilocybin mushrooms aren’t listed as controlled substances, allowing cultivation and personal use to occur with minimal enforcement. This ambiguity has enabled informal retreat settings and continuation of indigenous use traditions. However, the lack of regulation means standards vary significantly between providers.

Other Countries

There are other countries and states where psilocybin is decriminalized or legal in a more specific context. Refer to this tracker from Psychedelic Alpha for the entire list. 

Magic Mushrooms in the United States: Federal vs. State Laws

Psilocybin remains a Schedule I controlled substance under the Controlled Substances Act in the United States, meaning the federal government classifies it as having no accepted medical use and high potential for abuse. This classification applies nationwide, regardless of state laws, and carries significant penalties for manufacturing, distributing, or possessing.

However, psilocybin has been decriminalized at the state level. This means possession remains technically illegal, but enforcement becomes the lowest law enforcement priority, often with no criminal penalties for small amounts. Denver, Oakland, Seattle, and Washington D.C. have decriminalized psilocybin possession this way.

Oregon made history in 2020 with the passage of Measure 109, which legalized the manufacture and administration of psilocybin in licensed service centers. The program requires extensive facilitator training, medical screening for participants, and integration support. Colorado followed with Proposition 122 in 2022, which both decriminalized personal possession and created a framework for licensed “healing centers.” 

How to Choose a Safe, Legal Psilocybin Experience

If you’re considering a psilocybin experience, here’s a quick checklist to prioritize safety and legality before choosing a retreat or treatment center.

Verify Legal Status: Confirm the provider operates in a jurisdiction where psilocybin is legal or at least decriminalized. Ask directly about their legal standing and what protections exist for participants.

Check Credentials: Look for facilitators with extensive training and experience. In Oregon, facilitators must complete 150+ hours of training. Established international programs often have facilitators with years or decades of experience supporting psychedelic journeys.

Medical Screening: Reputable providers conduct thorough health assessments, reviewing medications, cardiovascular health, psychiatric history, and other contraindications. 

Preparation and Integration: Ask what preparation is provided before the experience and what integration support continues afterward. Research on integration shows it’s key to translating experiences into lasting change. Programs offering weeks of structured integration typically produce better long-term outcomes.

Watch for Red Flags: Be cautious of providers who make medical claims, avoid medical screening, lack transparency about facilitator training, or operate in legal gray areas without clear safety protocols.

Frequently Asked Questions

Sources

1. BBC. (2021, April 19). Jamaica’s psychedelic mushroom retreat. https://www.bbc.com/travel/article/20210419-jamaicas-psychedelic-mushroom-retreat
2. Colorado Secretary of State. (2022). Proposition 122 final text. https://www.sos.state.co.us/pubs/elections/Initiatives/titleBoard/filings/2021-2022/36Final.pdf
3. Deutsche Welle. (2020, November 9). Psychedelics making a comeback in the Amazon. https://www.dw.com/en/psychedelics-making-a-comeback-in-the-amazon/a-54800012
4. Drug Enforcement Administration. (n.d.). Controlled Substances Act. U.S. Department of Justice. https://www.deadiversion.usdoj.gov/21cfr/21usc/812.htm
5. Government of the Netherlands. (n.d.). Toleration policy regarding soft drugs and coffee shops. https://www.government.nl/topics/drugs/toleration-policy-regarding-soft-drugs-and-coffee-shops
6. Johns Hopkins Center for Psychedelic and Consciousness Research. (n.d.). Clinical trials. https://hopkinspsychedelic.org/clinical-trials
7. Lafrance, A., Loizaga-Velder, A., Fletcher, J., Renelli, M., Files, N., & Tupper, K. W. (2022). Psychedelic integration: An analysis of the concept and its practice. Frontiers in Psychology, 13, Article 824077. https://www.frontiersin.org/articles/10.3389/fpsyg.2022.824077/full
8. Oregon Health Authority. (n.d.). Psilocybin services program. https://www.oregon.gov/oha/PH/PREVENTIONWELLNESS/Pages/Psilocybin.aspx
9. Psychedelic Alpha. (2024). Psychedelic legalization and decriminalization tracker. https://psychedelicalpha.com/data/psychedelic-laws
10. Therapeutic Goods Administration (Australia). (2023). TGA approves new access pathway for psychiatric treatment. https://www.tga.gov.au/news/media-releases/tga-approves-new-access-pathway-psychiatric-treatment
11. Trimbos Institute (Netherlands Institute of Mental Health and Addiction). (n.d.). Psilocybin mushrooms (paddos). https://www.trimbos.nl/kennis/drugs/paddo/
12. U.S. Food and Drug Administration. (n.d.). Breakthrough therapy. https://www.fda.gov/patients/fast-track-breakthrough-therapy-accelerated-approval-priority-review/breakthrough-therapy