Are Mushrooms Legal in New Jersey? What to Know in 2024

9 minutes

September 20, 2024

As alternative therapies continue to gain traction, psilocybin—the psychoactive ingredient in certain psychedelic mushrooms—has emerged as a potential treatment for various mental health conditions. In New Jersey, discussions about psilocybin decriminalization and legalization are becoming more prominent, with advocates emphasizing its therapeutic potential for treating depression, anxiety, addiction, post-traumatic stress disorder (PTSD), and more. However, the legal status of psilocybin in New Jersey remains a complex issue. In this article, we'll explore everything you need to know about psilocybin in New Jersey in 2024, including its legal background, therapeutic benefits, risks, and the current status of psilocybin-related policies in the state.
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What is Psilocybin?

Psilocybin is a naturally occurring psychedelic compound found in over 200 species of fungi, primarily in the genus Psilocybe. It's the main psychoactive substance in "magic mushrooms," which can cause mind-altering effects similar to other psychedelics like LSD, mescaline, and DMT. When ingested, psilocybin is quickly converted to psilocin in your body, which then acts on serotonin receptors in the brain.

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Psilocybin significantly disrupts functional connectivity in the brain, particularly in the default mode network (DMN), a network often associated with introspection and self-perception. This can lead to profound changes in perception and consciousness, and users may experience a distorted sense of space, time, and self.

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Psilocybin mushrooms have been used in indigenous cultures for religious and spiritual purposes for generations. Today, they’re used for recreational as well as therapeutic and medical applications. The effects typically last 6-8 hours, though it depends on the person and the dose. The effects may include euphoria, visual and emotional shifts, and a felt sense of spiritual or mystical experience.
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Psilocybin New Jersey Laws & Legal Status

Recent Developments

As of September 2024, the possession and sale of psilocybin remains illegal in New Jersey. However, the state has recently taken steps toward legalizing psilocybin for therapeutic purposes. In January 2024, a bill titled “The Psilocybin Behavioral Health Access and Services Act” (S2283) was reintroduced into the state Senate after being pulled back for revisions in late 2023. This proposed legislation would have removed criminal penalties for psilocybin use by individuals aged 21 and older, while also expunging previous and pending charges related to psilocybin offenses.
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The Psilocybin Behavioral Health Access and Services Act (Bill S2283)

The 50-page proposal has garnered significant support. Leading the effort is Senate President Nick Scutari, a Democrat and key advocate behind the state's recreational marijuana legislation that was passed in 2021, and Joseph Vitale, a Democrat from Woodbridge. They are joined by four other New Jersey lawmakers as co-sponsors: Senators Schepisi (Republican, District 39), Zwicker (Democrat, District 16), Burgess (Democrat, District 28), Cruz-Perez (Democrat, District 5) and O'Scanlon (Republican, District 13). This bipartisan backing highlights the growing momentum for psilocybin legislation in New Jersey, positioning the state at the forefront of the movement for decriminalizing and regulating psychedelic substances.

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Bill 2283 includes the following provisions, among others:
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Psilocybin Services: Establishes a regulatory framework for the provision of psilocybin services, including preparation, administration, and integration sessions, overseen by licensed facilitators.
Licensing: Introduces a licensing system for psilocybin product manufacturers, service centers, and facilitators, ensuring regulated access to psilocybin.
Social Equity Program: Includes a social opportunity program to assist individuals from distressed areas in accessing licenses and support.
Restrictions: Limits psilocybin service centers from being near schools or in residential areas and prohibits advertising that targets minors.
Regulation and Safety: Psilocybin products must be tested for safety and properly labeled. The Department of Health will oversee tracking, manufacturing, and the sale of psilocybin products.

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Though the bill emphasizes mental health, it would also effectively decriminalize recreational use. Under the act, anyone 21 or older would be permitted to "possess, store, use, ingest, inhale, process, or transport" up to 4 grams of psilocybin.

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As of September 2024, bill 2283 is still in consideration by New Jersey lawmakers. In June, it was referred to the Senate Budget and Appropriations Committee and is marked at 25% progression. See the most recent updates on the state Senate site here. Sign up for Odyssey to stay in the loop on future legal, professionally-guided psychedelic experiences in New Jersey.
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What Would Regulation Look Like?

Bill S2283 outlines how regulation of psilocybin would look in the state if it were passed. Here is some of what it details:

The state Department of Health would oversee the licensing of: psilocybin manufacturing facilities, “service centers” where psilocybin can be purchased, and testing laboratories. These would all exist under strict conditions, such as securing local zoning approvals (e.g. centers cannot be located in residential areas or within 1,000 feet of schools).
The department would issue worker permits for these facilities. Psilocybin products must be consumed at a licensed center, although a service center operator can deliver the product to a customer's home if accommodations are needed.
Service centers are required to provide a “preparation session” for initial screenings and an “administration session” where a staff member stays with the customer during their psilocybin experience to offer guidance. An optional “integration session” may follow to help the client process their experience.
Psilocybin manufacturers would be allowed to grow mushrooms or produce synthetic psilocybin. While the bill doesn’t limit production volume, the Health Department may impose caps. Manufacturers would not be allowed to advertise their psilocybin products publicly but could promote psilocybin services during certain specific times, as long as the ads don’t target minors or encourage excessive use.
Local governments may regulate service centers and manufacturers with “reasonable regulations,” though the bill does not define these limits. Local authorities cannot levy taxes or fees on these operations. Furthermore, employers would only be able to test workers for psilocybin use if they exhibit visible impairment at work.
The entire system would be overseen by an 18-member Psilocybin Behavioral Health Access and Services Advisory Board.
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Accessing Legal Psilocybin in New Jersey

Under bill 2283, psilocybin could be accessed legally through the following means:

Psilocybin Service Centers – Individuals over the age of 21 can visit licensed psilocybin service centers where psilocybin products are administered under the supervision of a trained and licensed facilitator.
Personal Possession – Adults 21 and older are permitted to legally possess, store, use, ingest, and transport up to 4 grams of psilocybin for personal use.
Home Cultivation – The bill allows individuals to grow psilocybin-producing fungi at home, provided the fungi remain on private property and are secured from access by those under 21 years old.
Psilocybin Product Manufacturers – The bill introduces licenses for psilocybin product manufacturers to ensure the production of psilocybin is regulated, with strict testing, labeling, and quality control standards.

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However, until this bill is passed, it is not possible to legally access psilocybin in New Jersey. It is currently legal in Oregon and is soon to be made legal for therapeutic use in Colorado. For those looking for immediate psilocybin-assisted support, Odyssey offers both psilocybin group retreats and private sessions that are fully legal, scientifically backed, and professionally guided. Get matched to the right experience for you.
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Psilocybin: Medical & Therapeutic Applications

Mental Health Conditions

In New Jersey, mental health issues are a significant concern. In 2023, 27.7% of adults in New Jersey reported symptoms of anxiety and/or depressive disorder. This is slightly lower than the national average of 32.3% but still significant.

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Psilocybin has shown significant promise in treating various mental health disorders. The FDA has recognized it as a "breakthrough therapy" for depression and there have also been early signals that support its use as a potential treatment for anxiety, post-traumatic stress disorder (PTSD), addiction/substance use disorder, obsessive-compulsive disorder (OCD), anorexia and other eating disorders, and chronic pain, among other conditions. Clinical trials have demonstrated that psilocybin-assisted therapy can effectively reduce depression and anxiety, with effects comparable to or greater than traditional SSRI medications. Remarkably, only 1-2 doses of psilocybin can produce antidepressant effects lasting months, with minimal side effects and immediate impact.

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There are other potential health and wellness implications of psilocybin use. Some research has found psychedelic mushrooms particularly helpful for end-of-life care, including treating anxiety in terminally ill patients battling diseases like cancer. There is also promising research on the use of psilocybin in treating addiction. When paired with psychotherapy, psilocybin-assisted treatment greatly reduced heavy drinking in individuals with alcohol use disorder.

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Though the research on the potential medical and therapeutic effects of psilocybin mushrooms is relatively new, there is growing evidence that it may offer significant benefits for mental health conditions.

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Read: Psilocybin Therapy for Depression and Psilocybin Therapy for Obsessive-Compulsive Disorder (OCD)
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Potential Risks and Benefits

The benefits of psilocybin therapy go beyond simply alleviating symptoms. Studies suggest that psilocybin may promote neural plasticity and even stimulate neurogenesis in certain areas of the brain. Additionally, psilocybin may have anti-inflammatory properties, potentially making it a promising treatment for neurological conditions like stroke or neurodegenerative diseases.

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One of the standout features of psilocybin therapy is its potential for long-term effects. Research indicates that a single dose of psilocybin can provide benefits lasting up to a year, offering a compelling alternative to traditional antidepressants that must be taken daily.

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While generally regarded as physiologically safe, psilocybin does come with potential risks, particularly for those with underlying health conditions. Risks include interactions with prescription medications, and the potential worsening of psychiatric disorders like schizophrenia or bipolar disorder. Comprehensive screening, attention to mental health history, and a strong support network are crucial for minimizing these risks. Ensuring responsible use, professional guidance, and oversight is vital for safe psilocybin experiences. All of the retreats and sessions at Odyssey are professionally-guided and based on protocols used in scientific research, designed to mitigate any risk. Learn more here.

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Read: The Safety of Psilocybin Therapy
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Conclusion

The evolving landscape of psilocybin in New Jersey offers both opportunities and challenges. From potential therapeutic benefits to legal hurdles, the state is charting a complex course toward the regulated use of psychedelic mushrooms. As research continues to shed light on the benefits of magic mushrooms for mental health treatment, New Jersey's approach could have a significant impact on how we view and use psychedelic compounds in healthcare.
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Looking ahead, the future of psilocybin in New Jersey hinges on ongoing legislative efforts and public perception. While the legislature works to explore psilocybin's therapeutic potential, it's crucial to balance potential benefits with safety concerns and responsible use. The state's long-term strategic plan will play a key role in shaping policies and attitudes towards psychedelic substances, influencing both local and broader perspectives.
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FAQs

Are mushrooms legal in New Jersey?

As of September 2024, “magic mushrooms” are not legal in New Jersey. However, state lawmakers are considering a bill that could change its legal status. Bill S2283 aims to decriminalize psilocybin and regulate its use for therapeutic purposes, especially in treating mental health conditions.

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What is the Psilocybin Behavioral Health Access and Services Act?

The Psilocybin Behavioral Health Access and Services Act is a proposed bill in New Jersey that seeks to establish a legal, regulated framework for the possession and use of psilocybin. If passed, it would allow New Jersey residents over the age of 21 to use psilocybin under specific conditions and would expunge certain past convictions related to magic mushrooms.

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What is the legal limit of psilocybin in New Jersey?

Under the proposed bill, the legal limit for the possession, storing, use, ingesting, inhaling, processing, or transporting of psilocybin would be 4 grams for anyone 21 years or older.

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What are magic mushrooms?

Magic mushrooms, also known as psilocybin mushrooms, are naturally occurring fungi that contain the psychoactive compound psilocybin. When ingested, psilocybin is converted into psilocin, which affects the brain's serotonin receptors, leading to altered perceptions, mood changes, and hallucinogenic experiences.

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For other states, read:

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