The Union Reports
Nevada City is looking into developing a low-priority law enforcement policy in regards to the personal planting, cultivation, possession, and transportation of naturally occurring entheogenic plants and fungi by adults 21 years of age and older.
The proposed policy does not legalize “covered substances” — naturally occurring plants, fungi, and naturally occurring compounds containing psilocybin, psilocyn, dimethyltryptamine, ibogaine, or mescaline. It only makes it among the city’s “lowest local law-enforcement priorities,” according to the staff report for the upcoming city council meeting.
A discussion and possible declaration on the policy is expected to take place during the city council’s regular meeting in city hall scheduled for August 26, 2026 beginning at 6:30 p.m.
Often referred to as “magic mushrooms,” psychedelic mushrooms were broadly banned under the 1970 Controlled Substances Act.
More recently, however, clinical studies and ongoing research suggests the use of psilocybin guided by trained professionals has the potential to relieve certain mental health conditions, according to clinical studies at Johns Hopkins University, New York University, and the University of California, San Francisco.
Councilmember Doug Fleming and Vice Mayor Gary Petersen have received requests from community members and local practitioners asking Nevada City to consider lowering the enforcement-priority policy for adult personal use of entheogenic plants and fungi, according to the staff report.
The proposed policy applies to the “noncommercial furnishing or giving away” of the psychedelic mushrooms and plants. “It does not cover sale, paid delivery, administration, compensated services, or conduct connected to a business or commercial arrangement,” according to the staff report.
“It does not legalize or decriminalize conduct prohibited by state or federal law, create immunity or a legal defense, or authorize commercial activity,” according to the staff report.
The resolution excludes synthetic analogs, which are artificial chemical compounds created in a laboratory that have a similar structure or function to a natural substance.
“Investigation, detention, citation, or arrest based solely on covered conduct would be among the city’s lowest local law-enforcement priorities,” according to the staff report.
The policy would preserve officer discretion and exclude conduct involving minors, schools or youth facilities, public use or intoxication, impaired driving, hazardous processing, environmental harm, and immediate threats to public safety. It applies only to Nevada City “public safety personnel and does not limit outside agencies or courts,” according to the staff report.
