Is microdosing legal?
Legal information is US-based and missing state-specific inforamtion.
The legal landscape surrounding psychedelic compounds, including psilocybin and LSD, is complex. Currently, both are classified as Schedule I substances under federal law, indicating their illegal status and perceived lack of medicinal value at the federal level in the U.S.
Decriminilization
There have been moves toward decriminalization at the state and city levels. Oregon and Colorado, along with cities like Denver and Oakland, have decriminalized the possession, cultivation, and consumption of psilocybin mushrooms, with some jurisdictions extending decriminalization to other natural medicines. Decriminalization means reduced penalties and essentially that law enforcement has deprioritized the prosecution of these substances, though this does not equate to full legalization.
In November 2022, Colorado passed the "Natural Medicine Health Act," also known as Proposition 122. This act decriminalizes the personal use, possession, and non-commercial "gifting" of psilocybin mushrooms for those aged 21 and over, maintaining that the sale of these substances remains illegal.
Medicinal Use
Psilocybin has obtained Breakthrough therapy designation from the FDA for treatment-resistent depression in clinical trials.
Notably, Oregon is pioneering a regulated therapeutic framework for psilocybin after passing Ballot Measure 109, the Oregon Psilocybin Services Act, in 2020.
Meanwhile, Colorado is expected to introduce psychedelic facilitator licensure requirements for medicinal use by early 2025.
Other states are following suit and assembling psychedelic work groups to pass bills related to psychedelic-assisted therapy.