With the world’s beliefs and eyes turning as times change, especially with the US’s, and the greater world, shifting toward decriminalization en masse, there may be many individuals that are even now looking for places to experience these psychedelic fungi legally. We conveniently compiled a list for 2022 and where these legal havens exist.
The forefront of all this development
Currently, we see the whole world doing a big 180 on policies that have rung and been held true globally. That psychedelics are bad and have a high likelihood of abuse. This is now juxtaposed as the world unanimously seeks to alter these policies and create a massive reform towards what and where we have been focusing. We are now entering a space where the medicinal value of these tiny little fungi is being recognized more and more. We are seeing countries create massive inclusions, not just for the allowance of distribution, or treatment, but many even seeking to enter full decriminalization models, which would provide powerfully back to the people. There are many individuals who are going back and forth with the exact form these reforms are taking and we see that it will still be some time before we have a fully ironed out and passed reform globally.
However the iron is hot and many countries are choosing now to strike, such as the Caribbean island chain St Vincent and the Grenadines, which have centered themselves to be a great epicenter for these developments as they recognized the potential for a truly industrious market. They quickly implemented a reactive regulatory framework for the psychedelic industry to flourish. Yet even here we see an echoing of a problem that other individuals have held, which is that even with the fully legalized production, sale, and transport of all naturally occurring psychedelics, companies would still need to work with a small group of state-favored firms. This is further echoed with regard to Colorado's NMHA bill.
Are there havens of legality, for magic mushrooms, in the US?
So while psilocybin stall falls under the schedule 1 drug classification, which is the echoing that they have no medical use and a high likelihood for abuse, we are seeing things start to shift as many FDA-approved drug trials are in the works, and many states have started to bring in decriminalization. These trials exist largely in the breakthrough therapy space and specifically toward, depression and treatment-resistant therapy. Furthermore, a key note here is that it is not illegal for magic mushrooms to grow naturally on your land, as we cannot enforce against nature doing its thing.
Despite full legality only coming into effect in 2023, in one state, we are seeing many states adopt attitudes and actions to change the current severity that magic mushrooms are currently viewed. These actions are supported and pushed by the direct democracy many spaces in the US are blessed to exist within. This allows them the opportunity to provide layers of protection in the prosecution space, or to completely protect consumers from direct prosecution.
While Oregon may be looking at legalization by 2023, there are some caveats, such as the main focus being to first be legal-guided sessions. Other states have followed suits such as California, New York, and Washington. Colorado is also currently big in the developments as in November they are having a bill on their ballot for NMHA, which would seek to legalize regulated therapy and dispensaries while decriminalizing personal use and possession of some psychedelics.
Most policy reform is aimed towards reform at a level that integrates with the medical sector and those seeking treatment. While this is an amazing sector to integrate such incredible medicines into, and it promises to quickly become a seamless integration, it ignores that most psychedelic use is recreational, so while we are making progress it is apparent that we still have some way to go.
We also see the continuation of a popular trend that arises when legal grey areas, such as widespread decriminalization, pop-up, which for people to test the limits. This is currently happening as many local dispensaries, most of which exist online, start business and run, almost as a test to see if they will be shut down. “They’re operating on a ‘let’s see if we get caught’ gray area,” says James Bunn, a freelance consultant who works with charity Drug Science and psychedelic lobbying groups. “They’re not legally able to do it but if no one enforces the law, is it a law at all?” says Bunn.
The city level is the level to act
As we see most reform potential take place at a city level we see the internal workings, and opinions, of different spaces within the US, especially based on what it is they are choosing to focus on bringing forth, key to note here is that, as mentioned in Colorado's NMHA bill, there are concerns across all levels, about whose interests are most being favored.
This City level is due to a city council's ability to lobby local law enforcement to enact the changes they desire to see. The following cities have all moved to decriminalize entheogenic Fungi and declared them the “lowest enforcement priority”:
San Francisco, CA
Denver, CO
Oakland, CA
Washington DC
Santa Cruz, CA
Seattle, WA
Detroit, MI
Port Townsend, WA
Somerville, MA
Easthampton, MA
Northampton, MA
Cambridge, MA
Counties letting their count be
In addition to city councils having the ability to run ballots and appeal to local law enforcement, at a county level, county prosecutors are able to decide whether local courts will take psilocybin offenses to trial.
As of writing this article, there has been only one county to decide to cease prosecution of psilocybin-related offenses and decriminalize at this level.
Washtenaw County, MI
While this was already a low priority, in September 2020, it was further unanimously decriminalized at a non-commercial level, including cultivation. This has been a big shift as individuals begin to recognize that “Prosecuting entheogenic-plant use or possession is not in the interest of justice. Naturally occurring entheogenic plants are not generally addictive, nor do they present a significant risk of a fatal overdose. Entheogenic plants, moreover, are not associated with violent behavior. Just the opposite: the use of psilocybin mushrooms has been associated with reduced partner violence in men.”.
State level shifts
We see more change happening at the city levels, but this does not completely count state-level shifts out, however, we have seen Oregon be the only state to have done a shift at this level, we do so Colorado is following suit, especially with their current bill which is in the works to create a legal framework to include psilocybin as guided sessions.
Oregon
Led the charge as they legalized guided psilocybin sessions with a trained facilitator. Anyone with a high school certificate can enter into a course to become a trained facilitator. This has paved the way for significant growth and shifts in the way we run these programs and our relationship with them. In turn, we are poised to see how the effects of such shifts work on a social level and the war on drugs shifts to become a healthy co-existence. With this in mind, there is still concern and care taken around cultivation, sales, and gifting, as this may still lead to serious ramifications.
Colorado
In November the Natural Medicine Health Act(NMHA) will be on the ballot and voters will choose whether to move forward with the proposed plan, which outlines to legalize psilocybin sessions, however, it does highlight regulated access. This is a concern for locals and specifically stakeholders as it does not take into account the interests of local stakeholders and instead seeks to focus on the value and benefit of other individuals. The state capital, Denver, has already decriminalized.
Texas
While Texas has not decriminalized the use of magic mushrooms. They are the first US state to fund a trial of psychedelic mushrooms to assess its effects with regard to easing post-traumatic stress disorder in war veterans.
Flying as a legal eagle – Where?
While the US and Canada are leading the charge of reform towards psychedelics and specifically magic mushrooms, other countries have held progressive stances towards these compounds, and allocated areas for them via, “Smart shops” and retreat centers, which help fuel psychedelic tourism.
In turn, a shift from formal to informal decriminalization is a relatively easy topic and one that many spaces are experiencing countless benefits from and through. This in turn allows countries a great influx of tourism and interest from countries that afford their people fewer freedoms. For example, the Netherlands allows the legal purchasing of psychedelic truffles, the underground counterpart to psilocybin mushrooms.
Mexico
Mexico features a rich history when it comes to psychedelic mushrooms and as such is widely known for the availability of these medicines. What is key to remember is that this rich history is intertwined with deep reverence for what they are and are capable of providing for an individual, but truly only if respect and reverence are held sacred and true within. With this in mind, it is important for individuals seeking to journey here and within, to acquaint themselves with this history so that they are able to best acknowledge and appreciate the space and people they are working with. This includes mindfulness toward foraging and the impact this has on the space. As such visitors are urged to tap into locally run organizations such as Esperenza Mazateca. To further support initiatives that take this holistic view into account individuals can tap into Grow Medicine, which seeks to preserve the biocultural diversity of ancestral plant medicines.
Retreats also exist across the country, a recommended one would be Buena Vida, so while there is no known de facto decriminalization, we are seeing that there is a lack of enforcement of the current laws. Rumors exist that drug cartels have started selling and managing the supply of magic mushrooms.
Canada
As research begins to return favorable results and the real-life case studies further support these, we are seeing a shift as the stance toward magic mushrooms changes. Canada has been operating in a legal grey area, as unique exemptions allowed more than 10 Canadians access to psilocybin mushrooms, via the compassionate access scheme, a version of which is being blocked by the DEA in the US.
Currently, Canada is set to engage its facilitated sessions with psilocybin in 2023, which would require a prescription from a doctor. There are dispensaries aimed toward recreational use popping up already, which are operating seemingly unhindered amidst the policies still coming into play. “We have enough research. If we fought this in court, we would win,” a Toronto based-lawyer supporting one business told VICE. “We could clearly establish that it’s safe and that it is effective.”
The Netherlands
While Holland has experienced a massive distancing from psilocybin mushrooms as they were associated with freedom to counter-culture thinking and action. The Netherlands still has psilocybin truffles legal and these are still available in “Smart Shops”. While there may be a public stance against psilocybin mushrooms, there are still many retreats for these magic mushrooms widely and openly available. If you are interested in a retreat, a recommendation is, Synthesis
Thailand
While Thailand has historically been more associated with the death sentence and Cannabis, we are now seeing a big turnaround as psilocybin reform is entering quickly after schemes for the inclusion of cannabis industries. Paired with an age-old pairing of magic mushroom-laced drinks and food, this destination is definitely quite an opportunity for those seeking adventure.
St Vincent and Grenadines
This space features some of the most legal access to shrooms in the world, as it has sought out a fully legalized model, geared toward research and production, with full opportunity for a prescription. Note this is for more than just magic mushrooms. The Medicinal Wellness Feasibility Study is expected to go on for up to 30 months and will include “cultivation, research, processing, and prescription of psychedelic plant-based compounds including psilocybin, ibogaine, peyote, ketamine, dimethyltryptamine, ayahuasca and sassafras.”
Jamaica
While psilocybin was never targeted in anti-drug propaganda, mostly due to its lack of popularity. It is now a sector where all are seeking to benefit from its potential for tourism and attention. Psychedelic retreats have been in existence for many years, and Jamaica is often associated with psychedelic wellness destinations.
Disclaimer: This article is written purely for educational reasons. Mushly in no way suggests the use, sale, or ownership of any illicit substances. Furthermore, take the time to be aware of the legislature and what that means for you, as decided by the governing body of the country and city you live in.
