In 1968, the USA officially banned psilocybin.
It’s remained illegal ever since, but thanks to the effort of activists and researchers’ these laws could change very soon.
An increasing number of studies support the medicinal use of magic mushrooms and their active ingredient, psilocybin.
Below, we will take a look at psilocybin’s legal status state by state.
Quick Summary: What’s the Legal Status of Magic Mushrooms in the US?
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How Are Magic Mushrooms Regulated in the US? SHOP
At the US federal level, psilocybin is classified as a Schedule I controlled substance.
However, this law doesn’t carry as much weight as you might think because each state has the option to supersede these laws with something else. If state regulators so choose, they could move to legalize magic mushrooms for recreational use, medicinal use, or both.
Magic mushrooms themselves aren’t banned in the US — it’s their active ingredients, psilocybin, and psilocin. Magic mushrooms are considered a “container” for these illegal compounds and are therefore illegal by proxy.
On the other hand, magic mushroom spores (used for cultivation) are legal in most states, as they do not contain either of these psychoactive chemicals.
Related: List of legal psychoactive substances around the world.
What’s the Difference Between Decriminalization & Legalization?
Many people confuse the terms legalization and decriminalization, thinking they’re synonyms.
As the name implies, decriminalization refers to something ceasing to be considered a crime, or at least minimizing penalties concerning certain acts that are ordinarily criminal.
On the other hand, legalization refers to removing criminal penalties assigned to a particular act, which generally includes statal regulatory presence.
Magic Mushroom Laws State-By-State
At the moment, the only state that has officially moved to decriminalize magic mushrooms is Oregon.
However, we’ll cover the current status of magic mushroom decriminalization and what penalties apply if these laws are broken.
Alabama
Are magic mushrooms legal or decriminalized in Alabama?
No!
Alabama has fairly strict penalties regarding the possession and sale of psychedelic mushrooms. According to Alabama Code § 13A-12-212, possession of magic mushrooms is a felony. The penalties can range from 1 to 5 years in prison or $7500 in fines, depending on the amount.
On the other hand, the penalties for sales or transfers are even harsher. These types of offenses carry a sentence of 2 to 20 years imprisonment.
Alaska
Are magic mushrooms legal or decriminalized in Alaska?
No!
Psilocybin is illegal in Alaska, and it doesn’t seem like the laws will change shortly. However, as in most states, spores are legal.
The law that criminalizes possession of psilocybin is Sec. 11.71.150 of the 2019 Alaska Statutes, which remarks this substance as “a degree of danger or probable danger to a person or the public.”
Arizona
Are magic mushrooms legal or decriminalized in Arizona?
No!
In Arizona, possession or sale of psilocybin or magic mushrooms is a crime. However, penalties may vary due to several factors, such as your prior criminal history and whether you are facing a charge for simple possession or you intended to sell.
Penalties for possession of small amounts can be no less than one year in prison or $750 in fines. In contrast, the penalties for more significant possessions range from 10 years in jail and up.
Arkansas
Are magic mushrooms legal or decriminalized in Arizona?
No!
In Arizona, possession of any illegal substance is punishable by severe penalties. If the police catch you with small amounts of psilocybin, you can spend at least a year in prison.
Spores, on the other hand, are legal because they do not contain psilocybin. However, if they find you with them, they might suspect you of growing psychedelic mushrooms.
California
Are magic mushrooms legal or decriminalized in California?
Yes — several municipalities in California have moved to decriminalize natural psychedelics, including Santa Cruz and Oakland. Magic mushrooms remain highly illegal throughout the rest of the state.
California is one of the most liberal states concerning the legalization or decriminalization of substances. However, psilocybin remains an illegal substance. However, it seems that soon the laws could change, as one city in California (Oakland City) does not criminalize this substance.
Moreover, more and more bills are being introduced to decriminalize it and legalize it.
Colorado
Are magic mushrooms legal or decriminalized in Colorado?
Yes — magic mushrooms were recently decriminalized in Denver. However, they remain highly illegal throughout the rest of the state.
Like California, Colorado seems to have a more optimistic view of drug legalization, as, for example, the city of Denver has been the first to decriminalize this substance. However, Colorado seems to be far from decriminalization at the state level.
According to Colorado, psilocybin meets the following standards:
- It has a high potential for abuse
- It has no accepted medical uses in the United States.
- It lacks accepted safety for use under medical supervision.
Connecticut
Are magic mushrooms legal or decriminalized in Connecticut?
No!
The drug law concerning psilocybin is fairly straightforward and yet quite strict. It is a Schedule I substance, placing it in the same category of serious drugs as heroin.
Possession of psilocybin, however minor, is a felony in Connecticut. Along with mescaline, psilocin, and LSD, possession of psilocybin carries severe criminal penalties, can result in up to five years in prison and a fine of up to $2,000 minimum.
Delaware
Are magic mushrooms legal or decriminalized in Delaware?
No!
According to Delaware lawmakers, psilocybin has a high potential for abuse as no acceptable medical use. Perhaps because of these definitions, possession of psilocybin may no longer be a crime in the future.
However, at the moment, psilocybin is a Schedule I substance, which carries one of the most severe penalties the state has to offer.
Florida
Are magic mushrooms legal or decriminalized in Florida?
No!
Psilocybin is a Schedule I substance under Florida’s state statutes. Therefore, possession of more than 10 grams is punishable by up to 30 years in jail.
That said, in 1978, the state court declared that if wild mushrooms were going to be considered illegal, the statute should be rewritten. It never was, so wild mushrooms are still technically legal.
Georgia
Are magic mushrooms legal or decriminalized in Georgia?
No!
When it comes to magic mushrooms, Georgia is one of the most conservative states in this regard. This is because not only is psilocybin illegal, but so are the spores.
It is not likely to change shortly either—Georgia also has very restrictive laws regarding cannabis.
Possession of psilocybin can be a felony or a misdemeanor for possession, all depending on the amount of psilocybin you have at the time of seizure.
Guam
Are magic mushrooms legal or decriminalized in Guam?
No!
Guam’s position on drugs is much the same as at the federal level. Psilocybin is too a Schedule I controlled substance, meaning it’s considered dangerous and doesn’t carry medicinal potential.
Its use, trade, or cultivation is a first-degree felony, the consequences of which can include imprisonment or fines.
On the other hand, the trade and possession of spores are entirely legal.
Hawaii
Are magic mushrooms legal or decriminalized in Hawaii?
No!
At the moment, psilocybin is illegal in Hawaii. However, the idea of it being legal for medical purposes is gaining more and more popularity.
Hawaiian leaders are considering legalizing the drug for medical purposes due to the positive impacts of psilocybin on health and mental well-being.
However, possession of the drug carries severe penalties, but who is to say that Hawaii could be one of the first places to reverse this situation.
Idaho
Are magic mushrooms legal or decriminalized in Idaho?
No!
In Title 37, Chapter 27, Article II, Idaho authorities describe psilocybin as a hazardous substance. This means that violating possession, distribution, or manufacturing laws concerning psilocybin can result in felony charges.
In addition, Idaho is one of the few states in which magic mushroom spores are illegal.
Illinois
Are magic mushrooms legal or decriminalized in Illinois?
No!
According to Title 77, Chapter X, Subchapter e, Part 2070 of the Illinois Administrative Code, possession of this drug within the state can result in severe fines or even imprisonment.
However, it is legal to order psilocybin mushroom spores and ship them anywhere in the state. That said, cultivating the spores is unlawful.
On the other hand, the city of Chicago is where most of the movement to decriminalize magic mushrooms is concentrated, which gives a slim hope that someday psilocybin will decriminalize the substance, at least in this city.
Indiana
Are magic mushrooms legal or decriminalized in Indiana?
No!
Possessing, selling, or manufacturing psilocybin mushrooms is a crime in Indiana. The state’s IC 35-48-2-4 legal codeincludes severe criminal penalties, including fines or imprisonment, depending on the amount possessed or sold.
Due to its recent amendment, it is unlikely that the law will change concerning the use, possession, or sale of psilocybin.
Iowa
Are magic mushrooms legal or decriminalized in Iowa?
No!
According to Iowa Code Ann. section 124.203, psilocybin is a hazardous substance. Therefore, the penalties for possession, sale, or cultivation are stringent in this part of the country.
However, there is some hope for change, as there are attempts to decriminalize psilocybin within the state effectively. This may be the beginning of future attempts to decriminalize psilocybin.
Kansas
Are magic mushrooms legal or decriminalized in Kansas?
No!
According to Chapter 65, Article 41, Section 5 of the Kansas statute book, psilocybin has a high potential for abuse and is, therefore, a dangerous substance.
Because of this statute, the consequences of possessing magic mushrooms are severe. Therefore, penalties such as imprisonment, mandatory drug rehabilitation treatment, or heavy fines appear in this law.
Unfortunately, the Kansan legislators show no interest in modifying this law, so it will probably stay like this for a while.
Kentucky
Are magic mushrooms legal or decriminalized in Kansas?
No!
The laws in Kentucky are very tough on psilocybin. Penalties for possession can range from 5 to 10 years in prison, depending on the amount.
The law also prohibits the manufacture or cultivation of magic mushrooms. However, it is legal to possess and even sell spores since they do not contain psilocybin or any illegal compound.
Louisiana
Are magic mushrooms legal or decriminalized in Louisiana?
No!
Louisiana law prohibits psilocybin under the category of heroin and LSD, among others. Unfortunately, this means that the law does not recognize any medicinal benefits of magic mushrooms.
On the other hand, the law places psilocybin as less dangerous than opiates but does not specify the consequences of possessing, selling, or cultivating psychedelic mushrooms.
Maine
Are magic mushrooms legal or decriminalized in Maine?
No!
When it comes to psilocybin, Maine statutes maintain a position very similar to most states.
It is illegal to sell, possess and cultivate this substance, while possession of spores is not a crime.
Maine’s approach to regulating psilocybin is quieter than most states. However, it is essential to know that the penalties for possession are very stiff, and you can spend a long time in prison or pay fines of thousands of dollars.
Maryland
Are magic mushrooms legal or decriminalized in Maryland?
No!
It is pretty straightforward to understand the law regarding psilocybin use in Maryland, as it adopts the existing DEA scheduling system. However, this means that it does not use a specific statute to institute its own rules for scheduling or classifying substances.
It is very similar to the rest of the country at the federal level. Possession of psilocybin mushrooms can result in serious criminal charges, fines, or even imprisonment.
Massachusetts
Are magic mushrooms legal or decriminalized in Massachusetts?
Yes — magic mushrooms are decriminalized in four municipalities in Massachusetts: Cambridge, Northampton, Somerville, and Easthampton.
However, Massachusetts state law lists psilocybin as a Class C substance, along with other substances such as THC. However, mushrooms are still illegal, and their possession, sale, or cultivation is punishable by high fines and even imprisonment.
Michigan
Are magic mushrooms legal or decriminalized in Michigan?
Yes — magic mushrooms were decriminalized in Detroit and Anne Arbor, but remain highly illegal throughout the rest of the state.
Section 33.7212 of the Michigan Public Health Code lists psilocybin as a hazardous substance. This law is very restrictive concerning the possession, sale, or manufacture of any drug. Possession offenses can be punishable by life imprisonment.
However, spores are legal because they do not contain any illegal substances.
Minnesota
Are magic mushrooms legal or decriminalized in Minnesota?
No!
If you are from Minnesota, you need to know that violating the drug law is a crime. Possession of psilocybin in Minnesota is just as serious as possession of cocaine or heroin. Because of this, the penalties for possession or sale can be very harsh, such as fines of thousands of dollars or jail time.
Possessing or selling spores is not a crime in this state.
Mississippi
Are magic mushrooms legal or decriminalized in Mississippi?
No!
Mississippi is one of the states with the strictest laws regarding psilocybin. Not only does it prohibit the possession, sale, or cultivation of psilocybin, but it also does not allow the possession, sale, or use of spores. This is because the state law views growers of magic mushrooms as potential traffickers.
On the other hand, possession of spores is a misdemeanor, but cultivation is a felony.
Missouri
Are magic mushrooms legal or decriminalized in Missouri?
No!
In Missouri, psychedelic mushrooms use, sale or cultivation is a felony, with penalties ranging from heavy fines to imprisonment. In addition, Missouri’s MO Rev Stat § 195.017 lists psilocybin as a schedule I controlled substance. Substances on this list are considered the most dangerous.
On the other hand, spores are legal in this part of the country, even for sale.
Montana
Are magic mushrooms legal or decriminalized in Montana?
No!
In Montana, mushrooms are considered a Schedule I substance—the most dangerous category. Depending on how much you’re carrying, you may end up paying high fines or even being imprisoned.
On the other hand, spores are legal in Montana.
Nebraska
Are magic mushrooms legal or decriminalized in Nebraska?
No!
Drug laws in Nebraska are not much different from those in the rest of the country. Possessing or selling psilocybin in this state will lead to stiff fines or even jail time.
However, there is a growing movement in this state to relax the law regarding psilocybin and to treat the mushrooms as a natural remedy.
Nevada
Are magic mushrooms legal or decriminalized in Nevada?
No!
Along with other hallucinogenic drugs such as LSD, psilocybin is illegal by Nevada law. If you break the law, you can face severe consequences such as imprisonment or fines of $1000+.
For possessing even small amounts of psilocybin, you can spend up to a year in jail with a clean criminal record.
New Hampshire
Are magic mushrooms legal or decriminalized in New Hampshire?
No!
The laws regarding psilocybin in New Hampshire are no different than those in the country at the federal level. However, a controversial event occurred in 2018.
Jeremy Mack was part of a Native American church that authorized mushrooms in controlled circumstances. Although he got arrested for possession, the supreme court of justice defended the religious man because psychedelics were part of his spiritual practices.
However, this is not to say that its use is permitted. On the contrary, the substance’s use, sale, or cultivation has illegality fines or imprisonment penalties.
New Jersey
Are magic mushrooms legal or decriminalized in New Jersey?
No!
Although psilocybin is illegal in New Jersey, the penalty for possession has recently been reduced. The reclassification reduces the penalties to a $1,000 fine or a 6-month sentence, rather than more severe drug penalties of 3-5 years in prison.
New Mexico
Are magic mushrooms legal or decriminalized in New Mexico?
No!
The legality of psilocybin in New Mexico is a little different than in the rest of the country. While it is illegal, cultivating or possessing psilocybin mushrooms for personal use is not considered a criminal offense — meaning you’re unlikely to cop more than a fine.
However, psilocybin remains a schedule I controlled substance in the state. As such, the intent to manufacture and distribute comes with much stiffer penalties.
New York
Are magic mushrooms legal or decriminalized in New York?
No!
In New York, possession of more than one gram of psilocybin is a “Class C” felony. This means that the consequences for this offense are up to 5.5 years in prison and fines of $15,000.
However, the state is showing a strong interest in decriminalizing the substance. In May 2020, State Assemblywoman Linda Rosenthal introduced a bill that would remove psilocybin from the state’s list of controlled substances.
North Carolina
Are magic mushrooms legal or decriminalized in North California?
No!
In North Carolina, possession, manufacture, or sale of psilocybin alone is a felony under the federal statute.
Psilocybin is a Schedule I controlled substance under state law, and breaking it may lead to penalties such as steep fines or end up in prison.
North Dakota
Are magic mushrooms legal or decriminalized in North Dakota?
No!
Psilocybin is a Schedule I substance in North Dakota. This means that possession, manufacture, or sale of psilocybin is a felony under the statute.
Violation of the law can lead you to face stiff penalties, such as heavy fines or jail time.
Ohio
Are magic mushrooms legal or decriminalized in Ohio?
No!
In Ohio, psilocybin is a Schedule I controlled substance. It’s considered a hazardous substance, and therefore the penalties for sale, use, or cultivation are very harsh.
For example, possession is a felony punishable by a minimum of 2 years in prison and a maximum penalty of 10 years. On the first offense, it carries a maximum fine of $5,000. Penalties duplicates on the second or subsequent offenses.
Oklahoma
Are magic mushrooms legal or decriminalized in Oklahoma?
No!
In Oklahoma, a hard line against illegal drug use imposes lengthy prison sentences for minor offenders. The harshest penalties go up to 20 years in jails and fines of up to $10,000.
However, spores are legal in Oklahoma.
Oregon
Are magic mushrooms legal or decriminalized in Oregon?
Yes!
Following, Measure 109 on the ballot in November 2020, Oregon became the first US state to decriminalize psilocybin and legalize it for therapeutic use.
However, the sale of this substance without a certificate is punishable by heavy fines or even imprisonment.
Pennsylvania
Are magic mushrooms legal or decriminalized in Pennsylvania?
No!
Even though ten of Pennsylvania’s cities impose no penalties for marijuana, the approach to psilocybin is different.
You can receive up to 30 days in jail and a $500 fine for possession of shrooms. However, the purchase and sale of spores is not a crime.
Puerto Rico
Are magic mushrooms legal or decriminalized in Puerto Rico?
No!
In Puerto Rico, it is easy to find magic mushrooms in jungles such as in Luquillo, in the mangroves of the north of the island, and the area around the Sarapa surfing spot in Vega Baja.
However, the substance is illegal in Puerto Rico. Therefore, its use, sale or, possession can have serious consequences such as imprisonment or fines.
Rhode Island
Are magic mushrooms legal or decriminalized in Rhode Island?
No!
Psilocybin is illegal in Rhode Island. However, there is a strong interest in legalizing natural therapeutic substances in the state.
For example, in June 2021, Governor Dan McKee proposed a pilot program of safe consumption sites where people can try and consume illicit drugs in a medically supervised environment.
However, mushroom use is illegal, and you can face severe consequences for possession.
South Carolina
Are magic mushrooms legal or decriminalized in South Carolina?
No!
Magic mushrooms are illegal in North Carolina, and possession is considered a felony.
As at the federal level, psilocybin is a Schedule I controlled substance. This means that, from the state’s point of view, it is a hazardous substance.
On the other hand, there is free access to magic mushroom spores because they do not contain any illegal compounds.
South Dakota
Are magic mushrooms legal or decriminalized in South Dakota?
No!
Like marijuana, psilocybin is illegal in South Dakota. This is because it is a Schedule I substance. This means that its use, sale, or possession will have severe consequences, such as imprisonment or expensive fines.
Tennessee
Are magic mushrooms legal or decriminalized in Tennessee?
No!
In Tennessee, possessing psilocybin is a “Class A” felony. Penalties for offenses of this class can be up to one year in jail and fines of up to $2,500.
However, spores are entirely legal (as long as you don’t cultivate them).
Texas
Are magic mushrooms legal or decriminalized in Texas?
No!
In Texas, the penalties for possession, sale, or manufacture of magic mushrooms are very harsh.
To give you an idea, possessing psilocybin has penalties such as fines of $50,000 or even imprisonment of 5 to 99 years if the amount exceeds 399 grams.
That said, you can possess the mushroom spores freely.
Utah
Are magic mushrooms legal or decriminalized in Utah?
No!
Possessing psilocybin in Utha is a first-degree felony. You can face very harsh consequences with these types of offenses, including jail time.
Interestingly, psilocybin is put on the same level as hard drugs such as cocaine and heroin in this state.
However, as in the vast majority of states in the country, mushroom spores are entirely legal.
Vermont
Are magic mushrooms legal or decriminalized in Vermont?
No!
Psilocybin is illegal in Vermont. Using, selling, or distributing this drug can have terrible consequences, such as jail time or fines of hundreds of dollars.
However, some Vermont legislators show interest in legalizing its medical use.
For example, legislator Brian Cina said, “In some cultures, peyote is used to cure mental and physical illnesses, and the same could be said for psilocybin mushrooms and ayahuasca.”
Virgin Islands
Are magic mushrooms legal or decriminalized in the Virgin Islands?
No!
In the Virgin Islands, psilocybin is an illegal substance. However, its penalties are not much different from the federal level, as the importance belongs to schedule I of controlled substances.
So possessing this drug can lead to imprisonment or heavy fines.
Virginia
Are magic mushrooms legal or decriminalized in Virginia?
No!
If you are arrested for possession of hallucinogenic mushrooms in Virginia, you will probably need a good lawyer, as drug-related crimes are severe in this state.
The consequences can be fines or, worse: jail time.
However, you can possess magic mushroom spores without any problems.
Washington
Are magic mushrooms legal or decriminalized in Washington?
Yes — magic mushrooms have been decriminalized in Seattle, Washington, but remain strictly illegal throughout the rest of the state.
Magic mushrooms are illegal in Washington. However, we can see this state taking a more liberal stance on the issue.
This conclusion stems from the fact that Washington is home to a growing number of psilocybin advocates who are pushing for various drug law reforms to decriminalize the substance.
Washington DC
Are magic mushrooms legal or decriminalized in Washington DC?
Yes!
Recently, Washington DC has joined the few locations in the US where magic mushrooms (psilocybin) are decriminalized.
This law was passed as the Entheogenic Plants and Mushrooms Act of 2020, with an overwhelming majority of over 76% of voters.
Another good news is that in addition to psilocybin, the measure decriminalized ibogaine, dimethyltryptamine, and mescaline, so we can notice that Washington DC tends to change the law regarding these issues.
West Virginia
Are magic mushrooms legal or decriminalized in West Virginia?
No!
According to West Virginia Code 204, psilocybin is a dangerous substance.
Use or trade can result in undesirable penalties such as fines of thousands of dollars or even imprisonment.
However, if you want to own spores, you can legally possess them as they do not contain any illegal substances.
Wisconsin
Are magic mushrooms legal or decriminalized in Wisconsin?
No!
Wisconsin’s drug laws are similar to those nationwide. So psilocybin is an illegal substance. If you break this law, you will face harsh penalties such as jail time or high fines.
On the other hand, spores are legal so that you can possess them without any problem.
Wyoming
Are magic mushrooms legal or decriminalized in Wyoming?
No!
Although psilocybin is an illegal substance in Wyoming, possession in small amounts is not a significant crime.
However, if it is not, you will face stiff charges such as imprisonment or fines of thousands of dollars.
On the other hand, spores are entirely legal because they do not contain psilocybin or illegal substances.
Where Are Magic Mushrooms Legal or Decriminalized?
Some countries have already moved to either legalize or decriminalize magic mushrooms and their active ingredients.
Countries like Canada have even legalized their use for medical applications, such as in palliative care and existential anxiety.
1. Canada
In Canada, physicians can use the psychedelic drug to help develop therapies for future use.
You are only allowed to use psilocybin if you have a mental or terminal illness or suffer from depression or anxiety.
You can find various online vendors in Canada that exist in a legal grey area.
2. The Netherlands
Psilocybin is legal in Amsterdam, specifically — but remains illegal throughout the rest of the country.
In 2008, magic mushrooms were banned in the Netherlands and replaced by truffles, which have the same main component, psilocybin.
Truffles are available in stores called smart shops in Amsterdam.
3. Portugal
Portugal was one of the first countries in the world to decriminalize all drugs — including psilocybin mushrooms.
This change was imposed back in 2000 as an attempt to curb the rising drug problems the country was facing. Leaders hired a panel of addiction experts who recommended eliminating criminal charges for drug possession and redirecting the money towards treatment programs and subsidies to provide jobs to people during recovery.
As a result, Portugal has seen a substantial drop in drug addiction, HIV infection, and unemployment. The per capita social cost of drug misuse has even been reduced by more than 20% since the change.
4. Spain
All drugs are decriminalized for personal use, including psychedelic mushrooms.
Growing psilocybin mushrooms for personal use is also legal — but only for personal use.
Mass production, distribution, and possession of psilocybin, or any illegal substance, constitutes a serious crime and could land you 20 years or more in prison.
Summary: What’s the Future For Magic Mushrooms in the US?
The war on drugs has been going on for nearly a century and is hurting everyone involved. States waste resources fighting an invisible enemy in a war that can’t be won.
Fortunately, more and more parts of the world are slowly relaxing their drug policies, and some US cities have already taken the initial step. That said, there is still a long way to go.
We are optimistic about the future, but it appears full-scale decriminalization is at least a few years away.
Full-fledged legalization of any psychedelic substance (LSD, magic mushrooms, or DMT) in the US is not likely to happen in our lifetimes.