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Is it Legal to Get Married on Mushrooms?

Published Monday, Sep. 19th, 2022


Planning a shroom inspired wedding? Keep these things in mind...

 

 

If you’ve been watching wedding-themed headlines like we have, you’re bound to have noticed that psychedelic mushrooms are having a ‘moment’ in the wedding world. In the same way that weed weddings have risen in popularity in recent years, magic mushrooms are taking the place of booze at many Millennial and Gen-Z bashs. 

 

Related: How to Plan a Cannabis-Friendly Wedding

 

We’re talking shroom-infused chocolates and other edibles, mushroom tea ceremonies, and even psilocybin smoothies – all of which are said to offer couples and their guests a sense of euphoric connection and celebration, without the hangover risks that come with too many custom cocktails. 

 

But it begs the question – is it legal to get married while you’re on mushrooms? 

 

Can you tie the knot high, or does that trip have to wait until after you’ve said your vows and signed the paperwork? 

 

Let’s take a look! (Just remember, this isn’t legal advice. We aren’t lawyers, we just love weddings.)

 

 

 

First off, magic mushrooms are only legal or decriminalized in a couple states and locations in the U.S. Not to be a buzzkill, but this is something to take into consideration if you plan to include shrooms in your ceremony or reception, especially if you’re booking a well-staffed wedding venue… and not just planning a forest wedding like a couple of woodland sprites.  

 

Related: Forest Themed Wedding Ceremony & Elopement with Ring Warming Unity Ritual

 

Next, most states have laws against issuing a marriage license to any couple that applies while intoxicated – the law is clear here. For example, in Mississippi, it’s a misdemeanor for a clerk to issue a license if either applicant is “intoxicated,” and carries a penalty of between $50 and $500 in fines (§ 93-1-5). And in Pennsylvania, the language is even more specific, stating that it’s illegal to issue a license if either applicant is “under the influence of alcohol or drugs” (§ 1304). 

 

So you’ll definitely want to apply for your license with a clear mind. 

 

But after that, things get a little fuzzy.

 

 

A group of friends celebrate a wedding outdoors, image is stylized in bright oranges, greens, and reds to mimic the effects of magic mushrooms

 

 

Some states don’t have clear laws on whether or not a couple can legally sign the license after having a few drinks… or enjoying a few tokes or tinctures. This makes some sense, when considering that alcohol is such a common part of American celebrations, and that lawmakers are still catching up to the idea of widespread decriminalization or legalization of recreational cannabis, shrooms and other substances. 

 

But many states do have these laws in place. For example, in North Dakota, the law states that a marriage ceremony cannot be performed when either of the parties is under the influence of “intoxicating liquor or any narcotic drug” (§ 14-03-18). In California, couples can sometimes file for annulment if one of them was of “unsound mind” during the ceremony (§ 2210). And in South Dakota, wedding officiants can be convicted of a Class 1 misdemeanor for performing a wedding ceremony for anyone they know to be of “unsound mind” (aka, intoxicated) (§ 25-1-33). 

 

 

 

What does this mean for couples who want to seal their marriage with a wavy smooch? 

 

If you want to play it safe, we recommend you sign your license before indulging. Some couples even choose to sign the license during the ceremony in addition to a traditional unity ceremony, as a way to give guests the full wedding experience. 

 

With the paperwork complete, you’re free to take that next step into marriage… and whatever other dimensions you choose.

 

 

Two newlyweds smile at each other while sitting close together, the colors are altered in bright oranges, reds, greens, and blues to imply the effects of magic mushrooms

 

...

 

 

Ask a friend or relative to get ordained online and officiate your wedding ceremony.

 

Friends make some of the best wedding officiants, especially if you're planning a non-traditional or private wedding ceremony. Your friend understands you, your sense of humor, your values, and your style! All they'll need to do is get ordained with AMM and comply with your state's local guidelines before the ceremony. 

 

Learn How to Ask Someone to Officiate Your Wedding here. 

 

 



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Illustration of weed cannabis wedding favors, drawn by Jessica Levey

Illustration by Jessica Levey

From the article: How to Plan a Cannabis-Friendly Wedding
 


 


Jessica Levey
Jessica Levey

Lead Staff Writer & Illustrator

Jessica loves exploring the history and magic of ritual, the connections between people and places, and sharing true stories about love and commitment. She's an advocate for marriage equality, LGBTQ+ rights, and individuality, and is an ordained Minister with AMM. When she’s not writing or illustrating for AMM, she enjoys city hikes, fantasy novels, comics, and traveling.

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