Bipartisan Group of Maine Lawmakers Sponsor Bill to Decriminalize Possession of Psilocybin ‘Magic Mushrooms’

A bipartisan group of state lawmakers in Maine have sponsored a bill that would decriminalize the possession of small amounts of psilocybin for persons 21 and older.

Psilocybin is a naturally occurring psychedelic compound found in certain types of mushrooms, often called “magic mushrooms.”

The proposed bill, “An Act to Decriminalize Personal Possession of Therapeutic Amounts of Psilocybin for Adults,” introduced by State Rep. Grayson Lookner (D-Portland), would add an exception for psilocybin to Maine’s list of Schedule X drugs.

Under current state law, possession of a Schedule X drug, which includes psilocybin, ketamine, DMT, mescaline, hashish and other drugs, is a Class D misdemeanor level offense that carries a maximum penalty of 364 days in jail and a $2,000 fine.

Psilocybin is also currently illegal on the federal level as a Schedule I substance — in the same class as heroin, LSD and marijuana.

Rep. Lookner’s bill would amend the Schedule X classification to decriminalize the possession of one ounce or less of psilocybin for people 21 years of age or older.

The bill is cosponsored by Sen. Donna Bailey (D-York), Sen. Craig Hickman (D-Kennebec), Rep. Lori Gramlich (D-Old Orchard Beach), Rep. Nina Milliken (D-Blue Hill), Rep. David Boyer (R-Poland), Rep. Quentin Chapman (R-Auburn), Rep. Cassie Lynn Julia (D-Waterville) and Rep. John Eder (R-Waterboro).

Introducing his bill before the Legislature’s Criminal Justice and Public Safety Committee on Monday, Lookner said the bill “represents a common sense shift in how we view plant medicine in Maine.”

“These aren’t dangerous synthetic drugs, they’re natural organisms that have been used medicinally by cultures around the world for millennia,” Lookner said.

Lookner said that both combat veterans struggling with Post-Traumatic Stress Disorder (PTSD) and the terminally ill have found “profound relief” through psilocybin.

“These aren’t recreational users, they’re people who have tried everything else, and found that this natural medicine helps where pharmaceuticals have routinely failed them,” he said.

Lookner said his bill would not create a recreational market or legalize the sale of psilocybin, nor would it establish any guidelines for therapeutic use — despite the word “therapeutic” being in the bill’s title.

“[The bill] isn’t about encouraging drug use, in fact it has nothing to do with that — it’s about recognizing that adults should have the freedom to make their own choices about what they put in their bodies, especially when it comes to natural medicines that grow right here in the ground in Maine,” he added.

In spite of his argument that people “should have the freedom to make their own choices about what they put in their bodies,” in the 131st Legislative Session, Lookner voted against several bills that would have prohibited vaccine mandates, including voting against reinstating religious and philosophical vaccine exemptions for Maine students.

At one point in his testimony, Lookner claimed that there are “a lot of really successful people in high positions who do microdose [psilocybin] routinely,” including “people (SIC) high up in the Trump administration.”

Lookner did not specify which people “high up” in the Trump administration who he believes are micro-dosing magic mushrooms.

Scott Pelletier, a commander with the Maine Drug Enforcement Agency (MDEA), testified in opposition to the bill at Monday’s public hearing on behalf of the Maine Department of Public Safety.

“I’ve seen firsthand the devastation of illicit drugs and what their uses have had across our state,” said Commander Pelletier.

While Pelletier acknowledged that research into psilocybin for treating depression and other conditions is promising, he said that those experiments are conducted in controlled environments and that the psilocybin used in those trials is produced in a laboratory setting.

According to Pelletier, from 2024 to date, MDEA agents have seized over 4 1/2 pounds of psilocybin.

“The majority of these seizures took place while investigating mid to higher level drug traffickers involved in the distribution of fentanyl, methamphetamine and cocaine,” Pelletier said. “These traffickers, who are the main supplier of illegal drugs throughout our state, often times include psilocybin in the menu of drugs available to purchase.”

“Like all illegal drugs purchased from illegal drug traffickers, there is no quality control, no recommended non-lethal dose, to assure the purchaser of a safe therapeutic experience,” he said.

Oregon and Colorado are currently the only U.S. states where psilocybin has been decriminalized, in both cases by state-wide referenda. In a handful of cities across America, it has also been legalized in recent years.