Where are Psychedelics Legal or Decriminalized in the US?

As cannabis legalization continues to grip the nation, another movement has emerged in its wake.

In the past three years, ballots and city council resolutions to legalize or decriminalize naturally occurring entheogenic plants and fungi — the term referring to a substance with mind-altering effects — have emerged across the country.

This list of substances typically includes psychedelic mushrooms, ayahuasca, mescaline, ibogaine, and peyote. Cannabis is also considered an entheogen. These decrim measures generally do not apply to LSD or MDMA.

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While Oregon is currently the only US state where psilocybin has become legal for therapeutic use, over a dozen other cities and counties have also effectively decriminalized psilocybin and other entheogens. A measure that would legalize psychedelics nationwide will be put before Colorado voters in November 2022.

It is important to remember that “decriminalization” in this context simply means that law enforcement is “deprioritising” enforcing their prohibition as much as possible. Technically, entheogens remain illegal in these cities and counties.

Read on for a list of America’s emerging psychedelic hot spots and the legal do’s and don’ts in each case to ensure you stay within your legal rights.

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Oregon

In November 2020, Oregon voted by a majority of 58 to 42 for Measure 110 – which reduces the penalty for possession of small amounts of any drug to a minor violation.

Under the new law, if you’re caught with a small amount of an illegal drug, you simply pay a $100 fine.

Action 110 is also establishing a robust drug addiction treatment and recovery program. Oregon will fund the program with both cannabis sales revenue and “anticipated savings realized from current costs of enforcing criminal drug possession penalties.”

In the same election, Oregon passed Measure 109 by a margin of 56-44. This measure “legalizes, regulates, and taxes the manufacture, sale, and administration of psilocybin for mental health purposes.” Measure 109 permits the consumption and sale of psilocybin only in a licensed “Psilocybin Service Center” and only under the supervision of a licensed “Psilocybin Service Facilitator”.

The sale of psychedelic mushrooms is taxed at 15%.

The program will take effect on January 1, 2023. Beginning in November this year, Oregon municipalities will be able to vote to oppose the sale: at least 11 cities and two counties will hold such a vote.

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Ann Arbor/Washtenaw County, MI

In September 2020, the Ann Arbor City Council voted unanimously to effectively decriminalize the use, possession, and personal cultivation of naturally occurring entheogenic plants and fungi.

Washtenaw County, where Ann Arbor is located, subsequently expanded the measure for statewide use. However, county law enforcement will continue to charge anyone found driving under the influence of an entheogenic substance.

Arcata, CA

In October 2021, Arcata City Council voted unanimously to effectively decriminalize entheogenic plants and fungi for all adults.

Cambridge, MA

In February 2021, Cambridge became the second Massachusetts city to effectively decriminalize entheogens. The City Council vote passed 8-1. The policy also bars the city from allocating funds to arrest people for entheogens and requires the district attorney to stop prosecuting people for using, possessing, or growing psychedelics without intent to sell.

Denver, CO

In May 2019, Denver voters narrowly approved a ballot measure to effectively decriminalize the use and possession of psilocybin.

A few weeks later, Gov. Jared Polis (D) signed House Bill 19-1263, which made possession of small amounts of Schedule I or Schedule II substances a misdemeanor instead of a felony. This law came into force in March 2020.

This November, Colorado will vote on the Natural Medicine Health Act. The measure would legalize the use, possession, and cultivation of most entheogens and open the door to regulated therapeutic treatment at licensed “healing centers.” It contains no ownership limits. Nor does it legalize the recreational sale of entheogenic plants and mushrooms.

Detroit, MI

In November 2021, Detroit passed a measure to effectively decriminalize entheogenic plants and fungi within city limits by a margin of 61 to 39.

Easthampton, MA

In October 2021 Easthampton City Council voted to effectively decriminalize entheogenic plants and fungi within city limits.

Hazel Park, MI

In March 2022, Hazel Park — just north of Detroit — voted to effectively decriminalize entheogenic plants and fungi within city limits.

Northampton, MA

In March 2021 Northampton City Council voted unanimously to effectively decriminalize entheogenic plants and fungi.

Oakland, CA

In June 2019, Oakland became the first US city to effectively decriminalize adult entheogenic plants and mushrooms by a unanimous City Council vote.

Port Townsend, Washington

In December 2021, Port Townsend City Council voted unanimously to effectively decriminalize entheogenic plants and mushrooms for adults.

San Francisco, CA

On September 6, 2022, the San Francisco board of directors voted to decriminalize all entheogens, listing psychedelics as the lowest priority for local law enforcement.

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Santa Cruz, CA

In February 2020, the Santa Cruz City Council voted unanimously to effectively decriminalize the possession and home cultivation of entheogenic plants and mushrooms.

Seattle, WA

In October 2021, the Seattle City Council voted unanimously to effectively decriminalize entheogenic plants and fungi. The resolution stipulates that the “detection, arrest and prosecution of persons engaged in entheogen-related activities” should be considered the lowest priority for local law enforcement agencies.

Somerville, MA

In January 2021, Somerville City Council voted unanimously to effectively decriminalize the use and possession of entheogenic plants and fungi.

Washington, D.C

In November 2020, DC residents voted 76 to 24 to effectively decriminalize the use and possession of entheogenic plants and fungi.

Max Savage Levenson

Max Savage Levenson probably has the lowest cannabis tolerance of any author on the cannabis beat. He also writes about music for Pitchfork, Bandcamp and other bespectacled people. He is the co-host of the Hash podcast. His dream interview is Tyler the Creator.

Check out Max Savage Levenson’s articles

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