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US Cities That Decriminalized Psilocybin: Full List · Microdosing College
Law
Which US Cities Have Deprioritised Psilocybin? A Map of Local Resolutions
By Microdosing College Editorial·Last updated September 10, 2026·8 min read
Cities that decriminalized psilocybin — or more precisely, cities whose councils have directed local police to deprioritise enforcement — now span nearly every region of the United States. From Denver's landmark 2019 ballot measure to smaller cities like Arcata, California and Port Townsend, Washington, a patchwork of local resolutions has changed on-the-ground policing without changing the law.
This article maps those cities, explains exactly what a deprioritisation resolution does and does not do, and flags the critical caveat that federal and state prosecutions remain fully possible. For the broader picture of how US law treats psilocybin, see our guide to microdosing laws in the United States and the pillar overview microdosing laws by country.
What a Deprioritisation Resolution Actually Does
A city council resolution is a statement of local policy, not a change in law. When a council passes a measure directing police not to spend resources enforcing psilocybin possession, it means:
Local police are instructed to treat psilocybin arrests as their lowest priority (or to not make them at all for personal-use quantities).
City prosecutors may be directed not to charge psilocybin-related offences.
State and federal agents are entirely unaffected. The DEA, FBI, and state narcotics units can still arrest and prosecute under their own authority.
Psilocybin and psilocin have been Schedule I substances under the federal Controlled Substances Act since 1970, and the United States ratified the 1971 Convention on Psychotropic Substances, which obligates signatories to maintain strict controls on these compounds. No city resolution can nullify those obligations.
This is the same framework that applies to cannabis: even in cities where cannabis was "decriminalised" before state legalisation, federal possession charges remained possible. The practical risk for psilocybin users in deprioritisation cities is lower, but it is not zero.
Denver was the first US city to deprioritise psilocybin, via Initiative 301, a citizen-led ballot measure approved by voters on 7 May 2019 with 50.6% in favour. The measure directed Denver Police to treat enforcement of psilocybin mushroom possession by adults 21 and older as its lowest law-enforcement priority. It also created a review panel to track enforcement data. It did not legalise possession; Colorado state law still classified psilocybin as a Schedule I controlled substance at the time. Denver's measure was narrow in scope — it covered personal-use possession only, not sale or cultivation.
Colorado later went further: Proposition 122, approved by Colorado state voters in November 2022, legalised personal-use possession and home cultivation of psilocybin mushrooms for adults statewide and established a regulated "healing centre" framework.
Oakland, California — June 2019
One month after Denver, Oakland's City Council voted unanimously to pass Resolution No. 87731, decriminalising the personal use, possession, and cultivation of psilocybin mushrooms and all other entheogenic plants and fungi listed on the DEA's Schedule I. Oakland's measure was broader than Denver's: it covered a range of plant-based substances including ayahuasca and peyote, and it explicitly directed the city not to spend resources on enforcement. The Oakland Police Department's internal guidance subsequently reflected this direction.
Santa Cruz, California — January 2020
Santa Cruz City Council unanimously passed a similar resolution in January 2020, making personal use, possession, and social sharing of "entheogenic plants and fungi" the city's lowest enforcement priority. The resolution also called on Santa Cruz County and the state of California to follow suit — calls that, as of 2026, the state has not fully answered. Governor Newsom vetoed the statewide decriminalisation bill SB 58 in October 2023, explicitly citing the absence of clinical guidelines for treatment as his reason.
Ann Arbor, Michigan — September 2020
Ann Arbor City Council voted unanimously in September 2020 to decriminalise the personal possession and therapeutic use of entheogenic plants and fungi, including psilocybin mushrooms. Michigan state law still classifies psilocybin as a controlled substance, leaving Ann Arbor's resolution without state backing.
Washington, D.C. — November 2020
Voters in Washington, D.C. approved Initiative 81, the Entheogenic Plant and Fungus Policy Act of 2020, by a margin of roughly 76% to 24%. The measure directed the Metropolitan Police Department to make enforcement of laws around entheogenic plants and fungi — including psilocybin — among its lowest priorities. Because D.C. is a federal district rather than a state, federal law applies with particular directness here; the initiative had no effect on federal enforcement capacity in the district.
Detroit, Michigan — November 2021
Detroit voters approved Proposal E in November 2021 with approximately 61% support, decriminalising the personal use, possession, and growth of entheogenic plants and fungi for adults. Detroit followed Ann Arbor's lead under Michigan state law conditions that remained unchanged.
Seattle, Washington — October 2021
Seattle City Council passed a resolution in October 2021 directing police to make enforcement of laws around "naturally occurring psychedelics" the city's lowest priority. Washington state later moved toward broader reform: Senate Bill 5536 (2023) reduced simple possession of controlled substances — including psilocybin — to a misdemeanour at the state level.
Other Cities
Several smaller jurisdictions have passed similar measures:
Somerville, Massachusetts (January 2021) — unanimous council vote to decriminalise entheogenic plants and fungi.
Cambridge, Massachusetts (February 2021) — unanimous council vote.
Northampton, Massachusetts (March 2021) — unanimous council vote.
Easthampton, Massachusetts (2021) — council resolution.
Arcata, California (2021) — city council resolution directing lowest enforcement priority.
Port Townsend, Washington (2022) — city council resolution.
Hazel Park, Michigan (2022) — city council resolution.
Ferndale, Michigan (2022) — city council resolution.
For a detailed look at the California landscape specifically — including the aftermath of the SB 58 veto — see california psilocybin law cities.
What These Resolutions Do Not Cover
Even in the cities listed above, several activities remain outside any deprioritisation umbrella:
Sale and distribution — no city resolution covers commercial sales; these remain enforced criminal offences.
Cultivation at scale — personal home growing may be deprioritised, but commercial cultivation is not.
Driving under the influence — impairment laws are unaffected.
Federal property — parks, post offices, federal buildings and the areas around them are federal jurisdiction regardless of city policy.
State police action — state narcotics units are not bound by city resolutions.
Employment drug testing — a deprioritisation measure has no effect on workplace drug testing policies; see our guide to microdosing and employment drug testing for more.
The Limits of Local Action and What Comes Next
Deprioritisation resolutions represent genuine shifts in local enforcement culture, and they have reduced the number of arrests in cities that have passed them. They are also the product of sustained civic organising — the campaigns behind Denver's Initiative 301 and D.C.'s Initiative 81 gathered tens of thousands of signatures and built coalitions of harm-reduction advocates, researchers, and faith communities.
But they are a workaround, not a solution. Because psilocybin remains a Schedule I substance under the Controlled Substances Act, its legal status can only be changed by Congress (through rescheduling or descheduling) or by the DEA through its administrative rulemaking process. State-level legalisation — as Oregon did in 2020 with Measure 109, and Colorado did in 2022 with Proposition 122 — offers more durable protection, but even state law cannot shield someone from federal prosecution.
The path from a city resolution to regulated access typically runs: city deprioritisation → state decriminalisation or medical-use framework → potential federal rescheduling. As of mid-2026, the United States is mid-path: several states have moved, but federal rescheduling has not occurred.
If you are considering psilocybin use for health reasons, the legal landscape is only one factor. Use the self-screener to assess personal suitability before making any decisions, and speak with a qualified clinician. No resolution — however well-intentioned — changes an individual's medical risk profile.
Which US city was the first to decriminalize psilocybin?+
Denver, Colorado was the first, via Initiative 301 passed by voters on 7 May 2019 with 50.6% support. The measure directed Denver Police to treat adult psilocybin possession as its lowest enforcement priority. It did not legalise possession under Colorado or federal law.
Does a city deprioritisation resolution protect me from arrest?+
Only partially. Local police in cities that have passed these resolutions are instructed not to make psilocybin arrests their priority, but state and federal law enforcement are not bound by city resolutions. Federal prosecution under the Controlled Substances Act remains possible regardless of local policy.
How many US cities have deprioritised psilocybin enforcement?+
As of mid-2026, more than a dozen cities have passed resolutions or ballot measures, including Denver, Oakland, Santa Cruz, Ann Arbor, Washington D.C., Detroit, Seattle, Somerville, Cambridge, Northampton, Arcata, Port Townsend, Hazel Park and Ferndale. The list is growing.
Is psilocybin legal at the federal level in the US?+
No. Psilocybin is a Schedule I controlled substance under the federal Controlled Substances Act, a status unchanged since 1970. No city or state resolution can override federal scheduling. Colorado and Oregon have legalised state-regulated psilocybin access, but federal law remains in place.
What is the difference between a city resolution and state legalisation?+
A city resolution instructs local police not to prioritise enforcement; it does not change the law. State legalisation, such as Colorado's Proposition 122 (2022) or Oregon's Measure 109 (2020), creates a statutory framework under which psilocybin use can be legal under state law — though federal prohibition continues regardless.
This guide is general educational information about microdosing, not medical advice and not a recommendation to use any substance. It can't account for your personal health. If you take medication or live with a mental-health condition, speak with a qualified professional before making any decision.
