By Morgan Davis, Health and Wellness Attorney
The psilocybin movement is gaining serious ground.
As a health and wellness attorney keeping tabs on emerging regulatory landscapes, I’ve watched the rise of psychedelic mushroom legislation grow steadily since 2019. And now, in early 2025, that momentum is showing no signs of slowing.
According to a recent study by the National Institutes of Health (NIH), more than three dozen psychedelic-related bills have already been introduced this year—and we’re only in March.
The Psychedelic Forecast: All 50 States?
The NIH study makes a bold prediction: by 2033–2037, all 50 U.S. states will have legalized some form of psychedelics—specifically psilocybin and MDMA. The comparison? Cannabis. We’re following a similar trajectory, from stigmatized and criminalized to medically sanctioned and eventually more widely accepted.
But just like with cannabis, not all legalization is created equal.
Understanding Legalization vs. Decriminalization vs. Low Enforcement
Before jumping into business or personal use, it’s essential to understand what the terms actually mean:
Legalization
This doesn’t mean “anything goes.” Most proposed psychedelic legislation centers around medical use—either within a licensed therapy setting or via prescriptions from state-authorized providers. Think: the same route cannabis took from medical programs to broader access.
Decriminalization
This removes criminal penalties for certain behaviors, like personal possession or cultivation. You might be able to grow mushrooms at home or gift them to a friend. But commercial sales? Still illegal.
Low Enforcement Priority
This is not the same as legal. It simply means law enforcement isn’t actively targeting psilocybin-related offenses. You can still be charged and prosecuted—it’s just not at the top of the priority list.
So… Can You Sell Psychedelics Yet?
Short answer: No.
There is currently no state in the U.S. where it is legal to manufacture, sell, or distribute psilocybin or MDMA as a commercial business.
Even if you see online retailers selling products with psychedelic claims, they are doing so illegally—and you would be too if you followed suit. While gifting or home-growing may be allowed in a few jurisdictions, the commercial market is still off-limits.
What Should You Do If You Want to Get Involved?
- Move to a progressive jurisdiction: Some states and cities are leading the charge in decriminalization or medical access.
- Join an advocacy group: Help move the needle in your state by aligning with organizations pushing for reform.
- Get clear legal advice: Especially if you’re considering entering the psychedelic space commercially.
Final Thoughts: The Road Ahead
Just because we believe something should be legal doesn’t mean it is—yet. But the pace of change is promising. If the last few years of cannabis reform taught us anything, it’s this: those who are educated, prepared, and patient stand the best chance of building sustainable businesses and avoiding costly legal missteps.
If you’re curious about what’s legal in your state or want guidance for your business, give us a call. We’re happy to talk about what’s possible—legally.
Let’s keep your business protected and thriving. Stay smart. Stay safe.
