Are shrooms legal? A close look at the laws surrounding psilocybin mushrooms
The entheogenic mushroom world is entering another legal gray area similar to the legal gray array that surrounded medical marijuana. MarrowStone Mushrooms is strictly a cultivator of legal, gourmet, and medicinal mushrooms. We also believe in spreading fungal information and the legal status of psilocybin-containing mushrooms is a confusing and quickly developing field. So, are shrooms legal?
What is the legal status of psilocybin mushrooms in Seattle?
On October 4th, 2021, the Seattle City Council made a recommendation to decriminalize activities involving entheogens and stated that arrest and investigation should be law enforcement's lowest priority.
I am not a lawyer. I am a mushroom farmer so this is not legal advice nor do I recommend you even listen to a mushroom farmer for advice about anything other than mushrooms. With that said, I believe that this means that if you were to openly buy, sell, consume or propagate entheogens, or psilocybin containing mushrooms, flagrantly in front of law enforcement figures, you would probably go to jail for at least a little while.
What is the legal status of psilocybin mushrooms in Washington?
Schedule I. Illegal. With that said SB5660 is currently having hearings and is paving the way to establish a psilocybin authority which would monitor the management and licensure of psilocybin in the same way as a liquor control board. This isn’t on the ballot yet, nor has its full scope of law been established and finalized yet (I’m not a lawyer so I don’t even know what it means) But if you a excited about social change and looking for something to put you to sleep, this is the driest, dullest, psychedelic piece of prose I’ve ever read.
(I didn’t actually read it because I had mushrooms to grow, but if you read it and can tell me what you learned, I’ll give you a bundle of oyster mushrooms to write a piece for our blog)
What is the legal status of psilocybin mushrooms in Oregon?
Oregon passed measure 109 which allows the use of entheogenic mushrooms within a licensed facility, under the guidance of a licensed guide/therapist. What it doesn’t allow is the sale of psilocybin containing mushrooms so don’t expect there to be any dispensaries popping out anytime soon.
Let's give a quick shout-out to the Shroom House Shroom House which was raided in Portland Oregon for jumping the gun and just starting a brick-and-mortar dispensary despite the fact there are no laws allowing the direct sale of entheogenic mushrooms in the States law as of yet. The owner is currently facing 10 felony charges.
And then there is Louisiana…
An honorable mention to the great state of Lousiana where not only is there no decriminalization, or legalization of entheogenic mushrooms, but their state law specifically outlaws possession of “any hallucinogenic plant” and then goes on to list all 39 hallucinogenic plants known to the great state of Louisiana including Stropharia spp.
Stropharia rugosoannulata otherwise known as wine cap or the ‘garden giant’, is a commonly planted edible mushroom with a distinctly red cap, and high-toned asparagus taste. Once upon a time, Psilocybe cubensis was categorized as Stropharia cubensis because of its similar presentation in anatomy. Through DNA sequencing, it was found many decades ago that the Psilocybe and Stropharia genus’s are not remotely related. As far as I know, there are no Stropharia spp. mushroom that contain any mind-altering compounds, just Stropharia spp. mushrooms that contain delicious compounds.
This law stops mushroom farmers in Louisiana from buying wine cap spawn as it is illegal under state law. A special shout out to our friends at Sissu Mushrooms who have been fighting the get Stropharia spp. removed from this law so they can sell spawn. Thus far there has been no progress on the issue, and no interest in the state legislation to change the law.
Final thoughts on shroom legality
We can conclusively conclude that the possession, sale and manufacturing of psilocybin mushrooms is not legal here, or anywhere else in the states. Don’t do it. Don’t do it loudly. There are still people serving time for cannabis TODAY.
I think that states like Oregon have the right idea. I would like to see a world where medicine is being offered to people who need it most, in spaces where they can be helped through their traumas and experiences in a productive, supervised way. These medicines are potent, these medicines are powerful, these medicines are to be respected and not to be exploited for capitalistic gains. Don’t invest in a psychedelic start-up. Invest in yourself.