In most of the United States, microdosing is technically illegal - but the landscape is shifting faster than at any point in the last 50 years.

That answer isn’t satisfying, I know. So let me actually explain what’s going on, because the difference between “illegal” and “illegal but not really enforced,” between “decriminalized” and “legalized,’ matters a lot when you’re trying to decide what’s right for you.

Nothing on this page is legal advice. I’m not a lawyer. If you have a specific legal concern - a security clearance, a custody case, a job in a regulated industry - please talk to an actual attorney before you do anything.

The Short Answer

Psilocybin (Mushrooms)

U.S. Federal Status: Schedule I (illegal)

What's Changing: Decriminalized or partially legalized in Oregon, Colorado, and many cities

LSD

U.S. Federal Status: Schedule I (illegal)

What's Changing: No state-level changes yet

DMT

U.S. Federal Status: Schedule I (illegal)

What's Changing: Limited religious-use exemptions for ayahuasca; broader reform discussions ongoing

So: under federal law, all three are Schedule I substances. But the way that gets enforced - and what states and cities are doing on their own - has changed dramatically.

What "Schedule I" Means

The U.S. government classifies controlled substances into five “schedules.” Schedule I is the most restrictive - officially, it’s reserved for substances the government says have:

• A high potential for abuse

• No accepted medical use

• A lack of accepted safety for use under medical supervision

Psilocybin, LSD, and DMT are all Schedule I. So are heroin and ecstasy.

Cocaine, methamphetamine, fentanyl, and oxycodone are Schedule II - meaning the government considers them to have medical value in a way that the substances I work with allegedly don’t.

This is one of those facts that, once you sit with it, starts to make less sense.

What's Changed in the Last Six Years

The federal law hasn’t changed. But some of the state laws have:

Psilocybin (Mushrooms)

• Oregon (2020): Voters passed Measure 109, the first state in the U.S. to create a legal, regulated psilocybin services program. Adults 21+ can access psilocybin in licensed service centers. This is full legalization within state lines, though federal law still applies.

• Colorado (2022): Voters passed Proposition 122 (the Natural Medicine Health Act), decriminalizing personal use of psilocybin and creating a regulated therapy framework.

• Cities: Denver, Oakland, Santa Cruz, Ann Arbor, Cambridge (MA), Seattle, Washington D.C., Detroit, Minneapolis, and others have decriminalized personal possession or made enforcement the lowest priority.

LSD

• LSD remains Schedule I federally and at the state level everywhere. No state has decriminalized or legalized it.

DMT

• DMT is Schedule I federally. There are limited federal religious-use exemptions for ayahuasca (Santo Daime church, União do Vegetal). Personal use outside those exemptions is illegal.

Decriminalized vs. Legalized — What's the Difference?

This trips people up. They are not the same thing.

Decriminalized: Possession or use is still technically against the law, but it’s the lowest priority for law enforcement and usually carries minimal or no penalty. You can still get in trouble. It’s just much less likely.

Legalized: Possession or use is legal under that jurisdiction’s law. Federal law may still apply - and in the U.S., it does - but the state or city won’t prosecute you for it.

Most places that have moved on psilocybin have decriminalized it, not legalized it. Oregon and Colorado are the exceptions.

What This Means for You

The honest read:

• If you live in Oregon or Colorado, you have more legal cover than anywhere else in the country, but federal law still applies if you cross state lines or end up in a federal-jurisdiction situation.

• If you live in a decriminalized city, enforcement against personal possession is unlikely but not zero.

• If you live anywhere else in the United States, personal possession is illegal - but enforcement of small amounts for personal use is rare in most jurisdictions.

• If you live somewhere with strict enforcement (some red states, military bases, federal property, certain workplaces), the risk is real.

This is why I work the way I do - focused on education, individualized guidance, and discretion. The protocol page on this site isn’t publicly listed. Orders aren’t processed through a public cart. Everything happens person-to-person, because the legal gray area calls for it.

What's Coming Next

The trend is unmistakable. In the past five years:

• Voter-approved measures have passed in Oregon, Colorado, and over a dozen cities

• States including California, Massachusetts, Washington, New York, Connecticut, and others have considered legislation or ballot measures

• The FDA has granted “breakthrough therapy” designation to psilocybin for treatment-resistant depression

• Major institutions - Johns Hopkins, NYU, Imperial College London - are publishing peer-reviewed research on psilocybin's therapeutic value

The conversation is moving from “is this legal?” toward “how do we regulate it responsibly?”

That doesn’t help you today if you live in Texas. But it does mean the trajectory is real, and the gap between federal law and state/cultural acceptance is going to keep widening.

What You Should Think About

Before deciding whether microdosing makes sense for you, consider:

• Your state’s enforcement environment. Some places are far stricter than others.

• Your job. Some employers are subject to federal drug testing (transportation, federal contractors, healthcare, military). See the Microdosing & Drug Tests page →

• Your legal situation. Probation, custody, immigration, security clearance - these all change the calculation significantly. If any of these apply to you, talk to a lawyer first.

• Your risk tolerance. Personal use of small amounts is one of the lower-risk activities in the gray-area landscape - but only you can decide what risk is acceptable for your life.

What I Will and Won't Do

• I won’t tell you that microdosing is “safe” from a legal standpoint, because that depends entirely on where you live and what you do.

• I won’t sell or distribute substances through any public storefront, because doing so puts everyone at risk.

• I will be honest with you about what the landscape looks like and what your options are.

• I will keep this site, the consultations, and our conversations discreet.

I write more about the legal evolution of psychedelic medicine - the politics, the propaganda, and what’s really driving the shift - in my book Bitches Be Trippin’. If the legal piece is interesting to you, that’s where I go deeper.

Have Questions About Your Specific State or Situation?

I can’t give you legal advice, but I can help you think through the practical considerations for your life. The free 20-minute consultation is where we figure out whether microdosing actually fits where you are right now.

No pressure. No judgment. No promises I can’t keep.

You deserve real information — not fear.