Question 1

Where are psilocybin mushrooms legal or decriminalized in the US?

Accepted Answer

As of 2026, Oregon has legalized regulated psilocybin therapy (Measure 109). Colorado decriminalized and created a regulated access framework (Proposition 122). Washington DC's Initiative 81 made investigation and arrest for certain entheogenic plants and fungi among the Metropolitan Police Department's lowest enforcement priorities; it did not legalize them. Several cities have adopted local decriminalization policies, and multiple states have active legislation for research or therapeutic access.

Question 2

What is the difference between decriminalization and legalization of psilocybin?

Accepted Answer

Decriminalization means reducing or eliminating criminal penalties for personal use and possession, but the substance remains technically illegal — it simply becomes the lowest priority for law enforcement (as in DC's Initiative 81). Legalization creates a regulated framework for legal production, distribution, and use, as Oregon has done with supervised psilocybin therapy. Both approaches differ from full commercial legalization, which no US state has enacted for psilocybin.