Where Are Psychedelics Legal in the U.S. (or Decriminalized)?

Countries and cities worldwide are beginning to decriminalize and/or legalize psychedelics, with many municipalities in the United States leading the way. So where are psychedelics legal in the US? Where are psychedelics decriminalized?

Microdose has put together a list to help you stay updated on where psychedelics are legal or decriminalized in the US. For a look at the global landscape, check out our worldwide list here.

Note: This list combines both psychedelic legalization and decriminalization measures. To learn more about the differences, check out our explainer The Difference Between Psychedelic Legalization and Decriminalization.

Oregon

In the 2020 election, voters passed Measure 109, making Oregon the first state to legalize psilocybin for mental health treatment in supervised settings. They also passed Measure 110, decriminalizing small amounts of all psychedelics for personal use. In 2023, the first psilocybin centres in the state were opened to the public.

Washington D.C.

Voters approved Initiative 81 in the 2020 election, a decrim bill which makes the enforcement of laws against psychedelic plants and fungi among the lowest priorities for law enforcement.

Denver, Colorado

In 2019, Denver became the first city in the U.S. to decriminalize psilocybin mushrooms.

Colorado

Following Denver’s initiative, the state of Colorado became the second state in the US to establish a legal system for psilocybin and psilocin use. The initiative takes effect in 2024 and will examine adding other plant-based psychedelic drugs.

Oakland, California

Shortly after Denver’s historic move, the Oakland City Council passed a resolution that decriminalizes all “entheogenic plants” including psilocybin mushrooms, ayahuasca, and peyote.

Santa Cruz, California

In early 2020, the Santa Cruz City Council decriminalized naturally occurring psychedelics, making it one of the first cities to decriminalize psychedelics.

Ann Arbor, Michigan

In 2020, the City Council voted to decriminalize psychedelic plants and fungi.

Detroit

In November, 2021, Detroit joined the movement as it passed Proposal E to decriminalize the personal use of psilocybin mushrooms. By moving psychedelics to the city’s lowest law enforcement priority, the personal possession and therapeutic use of naturally occurring entheogenic plants and fungi by adults is de facto decriminalized.

Somerville, Massachusetts

In 2021, Somerville decriminalized naturally occurring psychedelics.

Cambridge, Massachusetts

Following the footsteps of its neighbor Somerville, Cambridge too decriminalized naturally occurring psychedelics in 2021.

Seattle

In October 2021, Seattle’s City Council passed a resolution to decriminalize non-commercial activity of psychedelic substances. This resolution covers the cultivation and sharing of a range of substances, including psilocybin mushrooms, ayahuasca, ibogaine and (non-peyote) mescaline.

San Francisco

In September 2022, San Francisco joined the list of major cities decriminalizing psychedelics. The city’s measure doesn’t officially change any laws, instead requests that police deprioritize psychedelics as being among “the lowest priority” for law enforcement. It also requests that the city redirects its resources away from criminal pursuits of psychedelics.

For a look at the global decriminalization landscape, check out our worldwide list here.

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