Psilocybe Cubensis mushrooms, commonly known as magic mushrooms or shrooms, are mushroom species that contain psilocybin, a compound with hallucinogenic effects. As a psychotropic substance, magic mushrooms are on the list of controlled substances at federal level, but as the scientific research conducted into the potential health benefits of administering these mushrooms, cultivated from laboratory grade microscopic mushroom spores, in very small doses have revealed great potential in the treatment of addictions, depression and anxiety disorders, the usage and possession of the mushrooms has been decriminalized in many jurisdictions and many others are preparing for the legalization of the substance.

Most states concentrating on enforcing their own laws in the field, the treatment of the cases when someone is found to use magic mushrooms also depends on the state’s dominant approach toward the question of using psilocybin. In the states that exercise a strict ban, using psilocybin can be considered state-level felony, with penalties involving large fines or even prison time. In the states that have laws in place that stop active prosecution for mushroom usage, the person using magic mushrooms might not be prosecuted, provided that the usage is not associated with activities considered to be illegal in those states as well, such as distribution or transport.