The Decriminalization Wave: Tracking Psilocybin Policy Across U.S. Cities

A slow but steady change is happening in the United States. In the past few years, many cities and a few states have updated their approach to psilocybin and other natural psychedelics. Psilocybin is the main active ingredient in magic mushrooms. Some places have told police to treat these cases as their lowest priority. Others have created medical programs with clear rules.

This article explains where these changes are happening, how each policy works, and what might come next.

What does “Decriminalization” actually mean?

Decriminalization is not the same as legalization. When a city decriminalizes psilocybin, it’s basically telling police and prosecutors to treat personal use and possession as a low priority. The substance is still illegal under state and federal law. In some places, states have gone a step further by creating tightly controlled therapeutic programs. These programs move closer to legal medical access, but they still keep strict limits in place.

City-Level Movement

The push to change psilocybin laws has mostly come from grassroots groups. Organizations like Decriminalize Nature have played a major role. 

Denver, Colorado

Denver was the first U.S. city to decriminalize psilocybin. Voters approved Initiative 301 by a small margin. Although the measure did not legalize psilocybin, it blocked the city from using resources to punish adults for personal use or possession. This vote showed that decriminalization could pass at the ballot box and opened the door for other cities to try similar measures.

Oakland and Santa Cruz

After Denver, California quickly became a key center for local psilocybin reforms.

• Oakland (June 2019): Just a month after Denver, the Oakland City Council voted unanimously to decriminalize personal use and possession of all entheogenic plants, including psilocybin mushrooms and ayahuasca. This move was broader than Denver’s because it covered a wider range of natural psychedelics.

• Santa Cruz (January 2020): City leaders in Santa Cruz followed the trend by unanimously deciding to make adult use, possession, and cultivation of entheogenic psychoactive plants a low priority for law enforcement.

• San Francisco and Berkeley: The trend spread across the Bay Area. In September 2022, San Francisco’s Board of Supervisors unanimously approved a decriminalization measure, followed by Berkeley in July 2023.

The Midwest and East Coast

The decriminalization movement didn’t stay in the West. Cities across the U.S. began passing similar measures by prioritizing enforcement.

• Ann Arbor, Michigan (September 2020): The City Council voted unanimously to make enforcement of laws around entheogenic plants the city’s lowest priority. Since then, other Michigan cities, including Hazel Park and Ferndale, have adopted similar measures.

• Washington, D.C. (November 2020): Voters approved Initiative 81, the Entheogenic Plant and Fungus Policy Act, making entheogenic plants and fungi, including psilocybin, the lowest priority for adult law enforcement.

• Somerville, Massachusetts (January 2021): The City Council decriminalized possession of entheogenic plants, including psilocybin and ibogaine.

• Minneapolis, Minnesota (July 2023): Minneapolis became the first Upper Midwest city to deprioritize natural psychedelics through a mayoral executive order.

The State-Level Evolution: Decriminalization vs. Regulated Access

Across the U.S., cities have mostly focused on decriminalizing personal use of psychedelics. But some states are going further by combining decriminalization with regulated, therapeutic access. This will help bring a more structured approach to psychedelic reform.

Oregon

Oregon became the first state to take major action in 2020, passing two important ballot measures.

• Measure 109 set up a legal system for psilocybin therapy. Adults 21 and older can use psilocybin in supervised, therapeutic settings regulated by the Oregon Health Authority. Licensed centers began applying for permits in 2023. This program is for medical use only, not recreational use.

• Measure 110 went further by decriminalizing small amounts of all illegal drugs, including psilocybin. The goal is to treat drug use as a health issue rather than a crime.

Colorado

Colorado followed in 2022 with Proposition 122 by taking a two-part approach:

• Decriminalization: Adults 21 and older can legally use, possess, grow, and share five psychedelics: psilocybin, psilocyn, DMT, ibogaine, and mescaline (but not peyote) without facing criminal charges.

• Regulated Therapy: The state also set up a regulated program for therapeutic psilocybin use, with plans to possibly include other natural psychedelics later.

Momentum Is Building

Oregon and Colorado aren’t the only states making changes. Connecticut, Maryland, and Washington are also exploring reform. Some have created task forces to study legalization, while others are working to reduce criminal penalties. Across the country, more and more bills on psychedelic reform are being introduced, showing that the movement is still growing.

What Decriminalization Does and Doesn’t Fix?

Decriminalization lowers the risk of jail or a criminal record for simple possession, which can reduce social and economic problems tied to convictions. But it doesn’t create legal markets or guarantee safe access. In states with therapy programs, access is still limited by licensing, cost, and location. For example, psilocybin sessions can be expensive, and some local governments have tried to control where centers can operate.

Health, Safety, and Regulation Concerns

Public-health experts and lawmakers often point to three concerns:

• Safety and training: Therapies need trained facilitators, careful screening, and follow-up care. Regulated programs are designed to include these requirements.

• Equitable access: High costs or strict rules can leave out low-income or rural patients.

• Legal confusion: Federal law still lists psilocybin as a Schedule I drug, so legal gray areas remain for supply, transport, and research.

What to Watch Next?

• State programs and rollouts: After Oregon and Colorado, other states are looking into medical psilocybin programs. It will be important to watch how licensing, training, and patient guidelines develop.

• Local zoning and access battles: Cities may pass decriminalization measures, but then limit where healing centers can operate. Expect zoning debates and local ordinances to shape access.

• Research and pricing: As more licensed programs start, we will get more real-world data on safety and results. Costs and insurance coverage will determine who can access and benefit from these therapies.

• Federal policy and research changes: Actions by states and cities may encourage federal agencies to reconsider rules on research and drug scheduling.

Conclusion

The U.S. psilocybin landscape is shifting rapidly. Cities lead with decriminalization, reducing criminal penalties, while states like Oregon and Colorado are creating regulated therapy programs. These changes ease legal risks and expand medical access, but challenges remain, including safety, equitable access, and federal legal uncertainty. The movement’s momentum suggests more reforms are coming.