Legality

The legality of psilocybin mushrooms (along with other plant based entheogens/psychoactive substances) is a rapidly changing landscape in the United States. Comparisons can be drawn to the legalization efforts of cannabis. Like cannabis, psilocybin remains a Schedule I substance which, according to the Controlled Substances Act (CSA), means the substance is not safe and has no accepted medical use [1]. We know this to be quite false as there is a plethora of well-researched scientific papers telling us otherwise [2] [3] [4] [5] [6]. Because of this promising research, local governments have begun rolling out legislation for revising outdated prohibition policies.

First, let's take a quick look at the road to legalization with our good friend marijuana. In as early as the 70s, many states saw it unfit for possession and consumption of cannabis to be a felony. Texas, Oregon, California, Alaska, Maine, and Ohio all voted to decriminalize cannabis around this time [7]. Then in 1996, California became the first state to legalize medical cannabis with Proposition 215 [8]. By 2012, 15+ states have legalized cannabis for medical use, and Colorado and Washington become the first two states to legalize recreational cannabis usage [9].

In 2024, cannabis is legal in 38 out of 50 states for medical use — in 24 states for recreational use. Cannabinoid drugs have also been approved by the FDA for use as an appetite stimulant, antiemetic, and analgesic [10] [11].

Legal reform associated with psilocybin and other psychedelic substances has been following in the footsteps of cannabis. Oregon passed a 2020 ballot measure to become the first state to decriminalize psilocybin and legalize its supervised use. Colorado followed suit in 2022. Many cities have also begun to roll out legislation. In California alone, 5 cities have voted to decriminalize psilocybin along with other psychoactive substances.

Stringent policies and propaganda from the war on drugs have tainted the public perception of psychedelic substances. As the United States comes out of the smoke of Nixon and Reagan's war on drugs, public opinion has begun to shift in favor of legalizing therapeutic uses of psychedelic substances. A UC Berkeley published survey suggests that 61% of registered voters are in favor legalizing regulated access to psychedelics for therapeutic purposes. Another 49% is in support of full decriminalization [12].

The Religious Freedom Restoration Act of 1993, Pub. L. No. 103-141, 107 Stat. 1488 (November 16, 1993), codified at 42 U.S.C. § 2000bb through 42 U.S.C. § 2000bb-4 (also known as RFRA, pronounced "rifra"), is a 1993 United States federal law that "ensures that interests in religious freedom are protected."

Mogu products are religious plant medicine sacraments provided through the Pacific Presence Project, a 501(c)(3) religious non-profit. To learn more about the Pacific Presence Project, please visit https://www.pacificpresenceproject.org.