Psilocybin Mushroom Legal Consulting
Although psilocybin, commonly known as magic mushrooms, has been decriminalized in certain states and cities, it remains a Schedule I controlled substance under federal law and is illegal for retail sales nationwide. In states like Oregon, Colorado, and New Mexico, supervised psilocybin therapy is legal through licensed facilities, creating early-stage opportunities for brands and entrepreneurs to establish themselves at the forefront of this emerging market.
The firm has provided strategic consulting to businesses operating in this developing sector.
In 2024 and 2025, federal agents have charged online vendors with selling psilocybin in liquid form, gummies, and extracts shipped nationwide. These operations are illicit but lucrative and sellers often evade detection until law enforcement intervenes.
A legal loophole does exist - Amanita muscaria (Fly Agaric). Amanita muscaria does not contain psilocybin, and thus its active ingredients (muscimol, ibotenic acid) are not illegal. As a result, many mushroom edibles branded as containing A. muscaria are technically legal in most U.S. states (only Louisiana explicitly bans it).
Investigations revealed that many edibles marketed as legal and safe actually include psilocybin, prescription meds, or mixed compounds, triggering hospitalizations and even deaths. There are many health risks and legal issues for consumers and businesses alike and In December 2024, the FDA formally declared that A. muscaria constituents are not approved for food use and issued warning letters to manufacturers. Davis Law and Consulting assists new and established companies operating in this market.
