LEGALIZATION UPDATE NOVEMBER, 2025

As of late 2025, psychedelics remain largely illegal at a federal level in the U.S. and in most countries worldwide. However, significant changes are occurring through state-level legalization for supervised therapeutic use, decriminalization in certain cities and countries, and research programs. 

The legalization of psychedelics in the United States is a rapidly evolving, state-level issue, creating a patchwork of laws that contrast with their current federal classification as Schedule I drugs under the Controlled Substances Act. While no psychedelics are approved by the Food and Drug Administration (FDA) for general medical use, an increasing number of states and cities are pursuing reform through legislation, ballot initiatives, and research programs. 

State-Level Legalization and Decriminalization

Oregon and Colorado are currently the only states that have broadly legalized psilocybin (the psychoactive compound in "magic mushrooms") for supervised therapeutic use and decriminalized personal possession of certain natural psychedelics. 

States Legal Status

Colorado - LegalizedPassed Proposition 122 in 2022, which allows for supervised use of psilocybin at licensed "healing centers" and decriminalizes possession of natural psychedelics for adults 21+.

OregonLegalizedPassed Measure 109 in 2020, establishing a regulated program for psilocybin administration in licensed service centers. (Note: a separate measure to decriminalize all drugs was recently recriminalized).

New MexicoLegalized with ExceptionsA 2025 law established a therapeutic psilocybin program for qualifying patients. It has also not been illegal to grow psilocybin mushrooms since a 2005 court ruling.

Several other states have active legislation or have established task forces to study the therapeutic potential of psychedelics, including Alaska, Arizona, Connecticut, Maryland, Minnesota, Nevada, Texas, Utah, and Washington. 

Municipal Reforms

Dozens of U.S. cities have taken local action to decriminalize or deprioritize law enforcement for personal use and possession of entheogenic plants and fungi (e.g., psilocybin mushrooms, mescaline, ibogaine, and DMT). Notable examples include: 

  • Denver, CO (2019)

  • Oakland, CA (2019)

  • Washington, D.C. (2020)

  • Seattle, WA (2021)

  • Minneapolis, MN (2023) 

Federal Status and Research

At the federal level, most psychedelics remain classified as Schedule I controlled substances, defined as having a high potential for abuse and no accepted medical use. This classification makes research difficult, but the FDA has acknowledged their potential by granting psilocybin (for treatment-resistant depression) and MDMA (for PTSD) "breakthrough therapy" designations, which helps to expedite the development and review process. Research is ongoing, with promising results from clinical trials for conditions such as PTSD, anxiety, and major depressive disorder. 

Key Drivers

The movement toward legalization is driven by several factors: 

  • Mental Health Crisis: Growing recognition of a national mental health crisis and the potential for psychedelics to treat conditions resistant to conventional therapies.

  • Scientific Evidence: An increasing body of research from institutions like Johns Hopkins and leading medical journals supports the safety and efficacy of supervised psychedelic use.

  • Veteran Advocacy: Veterans' groups are strongly advocating for access to these treatments for PTSD and depression.

  • Public Opinion: Polling indicates growing public support for regulated therapeutic access to psychedelics. 

Experts predict that, following a similar trajectory to cannabis legalization, a majority of states may legalize psychedelics by 2037.  

WORLDWIDE

The legal status of psychedelics globally is a complex and evolving landscape, largely influenced by the 1971 UN Convention on Psychotropic Substances, which established a global prohibition on most psychedelics. However, countries and regions are increasingly adopting diverse national policies, ranging from full legality in specific contexts to strict prohibition, particularly for therapeutic use and indigenous practices. 

Key Global Trends

  • International Treaties: Most psychedelics (LSD, psilocybin, DMT, mescaline) are internationally controlled as Schedule I substances, requiring signatory nations (185 countries) to prohibit unauthorized use.

  • Decriminalization: A growing number of countries and cities have decriminalized the personal possession of small amounts of psychedelics, often replacing criminal penalties with administrative fines or mandatory therapy.

  • Therapeutic Legalization: Some nations have created pathways for legal, supervised therapeutic use, often for treatment-resistant mental health conditions, in controlled medical settings.

  • Indigenous/Spiritual Exemptions: Many countries that otherwise ban psychedelics have legal exemptions or non-enforcement policies for traditional indigenous or religious ceremonial use, such as for ayahuasca or peyote. 

Status by Region/Country

Australia

Legal for medical use. Became the first country to legalize psilocybin for treatment-resistant depression and MDMA for PTSD in authorized clinical settings as of July 2023.

Canada

Medical exemptions. Most psychedelics are controlled substances. Physicians can request access to substances like psilocybin and MDMA through the Special Access Program for serious medical conditions. 5-MeO-DMT and certain psychoactive cacti are not scheduled.

The Netherlands

Legal truffles, decriminalized possession. Psilocybin-containing truffles are legal and sold in smart shops. The personal possession of small quantities of all drugs is decriminalized, but other forms of psilocybin mushrooms are technically illegal.

Portugal

Decriminalized. Portugal decriminalized the possession of all drugs for personal use in 2001, focusing on a health-first, harm-reduction approach.

Switzerland

Compassionate medical use, decriminalizedAllows for restricted compassionate medical use of LSD, MDMA, and psilocybin under the permit of the Federal Office of Public Health. Personal use is decriminalized.

Mexico, Peru, Brazil

Indigenous use exceptions. Ayahuasca is legal and protected as a part of Indigenous heritage in Peru and Brazil. In Mexico, traditional ceremonial use of psilocybin and peyote is protected from prosecution.

United Kingdom & EU

(Generally)Strictly illegal. (Mostly) Psychedelics are mostly classified as high-control, illegal drugs (e.g., Schedule 1 in the UK), with strict penalties. Research is allowed, but requires special licensing.

The global legal landscape continues to be in flux, driven by growing scientific evidence of the therapeutic potential of these substances.