Regarded under different names, the magic mushroom, otherwise known as the Fly agaric, has variations in its legal status throughout the world. Moreover, it has been a subject of controversy mainly due to its being a species complex.This article aims to answer whether Amanita Muscaria is legal in the US or not and to explain any exceptions if there are in relation to its legality.
Legality in the US
The psychoactive Amanita mushrooms, along with all of their related species, are indeed legal in the US and are not controlled by any means, from a federal point of view in the United States.
This means that all Amanita Muscaria are allowed to cultivate, purchase, own, put up for sale, and trade without any ownership of a license, a medical prescription, or any special permission.
Exceptions in the legality of Amanita Muscaria
The legal status of anything, in particular, differs by depending on the laws governing a state. If such a state hasn’t given out any information regarding legal status, then that thing in specific is fully permissible, and legal to use.
The states concerned with the widespread use, and distribution of the psychoactive mushrooms, and the legal status that they’ve received from these states are quoted below:
For the state of Louisiana, a law coming into effect from August 8, 2005, but signed since June 28, 2005, sheds light on the Louisiana Act Number 159. This act makes 40 plants illegal for use. Out of these 40 plants, Amanita muscaria is included as well. The law primarily prohibits the “possession, planting, cultivation, growing, or harvesting” of the magic yet psychedelic mushrooms when used “strictly for aesthetic, landscaping, or decorative purposes”.
For the state of Tennessee in the US, however, a proposed bill had just been left out from getting passed which would have banned a plethora of plants and mushrooms labeled as ‘hallucinogenic’ when thought out to be for human consumption, and use. Out of these plants, Amanita muscaria had a strong possibility of inclusion.
Back in 2006, The Department of Health itself publicly stated that it didn’t exactly ‘plan’ to include Amanita muscaria in a category of substances to be put under control. Despite being legal in the US, they still aren’t allowed to be consumed, therefore being illegal to be sold for ingestion purposes.