Psilocybin: Laws on Possessing and Growing Magic Mushrooms

Regulation of psilocybin—also known as magic mushrooms and shrooms—is a bit confusing. For most purposes, psilocybin remains illegal to consume, possess, grow, or sell. That is the case under federal law and in most states. But, given psilocybin's potential to help treat mental illnesses, some states allow limited access to psilocybin through clinical trials or facilitators. And a few cities have deprioritized enforcement of drug laws prohibiting magic mushrooms, but these are policy changes—not changes to drug laws.

What Is Psilocybin?

Psilocybin is a chemical found in certain types of mushrooms. Most people consume this plant-based psychedelic in its dried or powdered form. Indigenous groups in Central America have used psilocybin for centuries in healing and spiritual practices. For decades, researchers have studied psilocybin to examine its effectiveness in treating mental illness, depression, PTSD, and addiction.

In the United States, people recreationally ingest magic mushrooms for their hallucinogenic properties. The psychological effects of psilocybin can include altered perceptions of reality, euphoria, mood changes, fear, panic, and hallucinations. Physiological effects can include nausea, vomiting, muscle weakness, and increased heart rate. While psilocybin has a low level of toxicity, people who take magic mushrooms risk mistakenly ingesting a poisonous mushroom.

Are Magic Mushrooms Legal? Is It Legal to Grow Magic Mushrooms?

Federal law and most states classify psilocybin as a Schedule I drug, making it illegal to possess, sell, or grow. Colorado and Oregon have legalized certain uses, and a few cities have deprioritized arrest and prosecution for personal possession of psilocybin. But know that these permitted uses conflict with federal law. A person's compliance with state law does not shield them from possible federal prosecution.

Colorado and Oregon's Stance on Magic Mushrooms

Colorado is the only state where personal use and private cultivation of small amounts of magic mushrooms are legal for adults age 21 and older, subject to restrictions. The state is in the process of developing a regulatory system to allow consumer access to psilocybin mushrooms. (As of January 2025, the system is still in development.)

Oregon decided to license what are called "psilocybin service centers," where persons 21 and older can consume magic mushrooms in a supervised setting. The Oregon Health Authority oversees these services and provider licenses. An of-age client can buy, possess, and consume psilocybin legally while supervised at a psilocybin service center. Possession of magic mushrooms outside this supervised setting is a drug enforcement misdemeanor.

(Colo. Rev. Stat. § 18-18-434; Or. Rev. Stat. § 475A.498 (2025).)

Cities Deprioritize Arrests and Charges for Possession of Psilocybin

A few cities have enacted resolutions and policies (but not laws) that make investigations and arrests for possession and use of entheogenic plants—including psilocybin mushrooms—among the lowest priority for law enforcement resources. However, these resolutions don't affect the legality of magic mushrooms. While local law enforcement and prosecutors may follow such prioritization statements, other county, state, and federal officials are not bound by these resolutions.

(Check out D.C. Stat. § 48-921.52 (2025).)

Federal Laws and Penalties for Psilocybin (Magic Mushrooms)

Possession and cultivation of psilocybin mushrooms are illegal under federal law. Psilocybin is a Schedule I drug under the federal Controlled Substance Act.

Possession Penalties

Federal law makes simple possession of psilocybin a misdemeanor, punishable by up to one year in prison and a minimum $1,000 fine. Subsequent simple possession convictions carry minimum sentences for both fines and incarceration. A second conviction can mean 15 days to 2 years behind bars and a minimum $2,500 fine. Third and subsequent convictions have a 90-day minimum sentence and a $5,000 minimum fine. The maximum sentence for these repeat offenders goes up to three years.

Cultivation Penalties

Growing and cultivating psilocybin mushrooms—a Schedule I substance—carries a maximum 20-year federal prison sentence and a $1,000,000 fine. A repeat felony drug offense increases the maximum penalty to 30 years. When grown near a school, playground, youth center, college, or other drug-free zone, penalties can double.

(21 U.S.C. §§ 802, 812, 841, 844, 860 (2025).)

State Laws and Penalties for Psilocybin (Magic Mushrooms)

State penalties for drug possession and cultivation crimes vary widely. In nearly all states, psilocybin is a Schedule I drug. Schedule I drugs are considered highly addictive and have no accepted medical uses. As such, many states reserve some of their harshest punishments for Schedule I drugs. However, a growing number of states impose reduced penalties for certain Schedule I drugs, such as marijuana and psilocybin.

Possession Penalties

Many simple possession crimes carry misdemeanor penalties, even for Schedule I drugs. California, Oregon, and Washington, for instance, make simple possession a misdemeanor with penalties of 180 to 364 days of possible jail time. Possession of larger amounts may result in felony penalties. In Oregon, a person can face a felony for possessing 60 grams or more of psilocybin. Wyoming, on the other hand, makes it a felony to possess more than three grams of a Schedule I drug in powdered form.

Cultivation Penalties

Growing or cultivating psilocybin mushrooms typically falls under states' illegal drug manufacturing laws, which often carry felony penalties. That is the case in Arizona, Kansas, and Washington. On the flip side, California exempts the cultivation of psilocybin mushrooms from its harsh illegal drug manufacturing laws. The exemption makes growing magic mushrooms a misdemeanor offense.

While it appears to be an outlier among states, New Mexico courts decided that growing magic mushrooms does not meet the definition of "manufacturing" under its drugs law (at least if no evidence exists that the defendant extracted the illegal substance). But, notably, New Mexico's definition of "manufacture" does not include growing or cultivating a controlled substance, whereas many other states do.

(Ariz. Stat. § 13-3407; Cal. Health & Safety Code §§ 11054(d), 11377, 11390; Kan. Stat. § 21-5705; Or. Rev. Stat. § 475.752; Or. Bd. of Pharm. Rules 855-080-0021; Wash. Rev. Code §§ 69.50.204, 69.50.401, 69.50.4013; Wyo. Stat. § 35-7-1031(c) (2025); State v. Pratt, 117 P.3d 967 (N.M. Ct. App. 2005).)

Isn't Psilocybin Legal in Some Places for Therapeutic Uses?

Yes, but only under medical supervision. Several states permit psilocybin-assisted therapy research programs under their laws. These studies are highly regulated medical research programs, and participants must generally qualify and be accepted into the program. Connecticut, Utah, and Washington are among the states with laws in place authorizing these therapeutic research studies.

(Ct. Gen. Stat. § 17a-484g; Utah Code § 58-37-3.5; Wash. Rev. Code § 19.410.010 (2025).)

Talk to a Lawyer

If you face criminal charges for possession or growing psilocybin mushrooms, talk to a criminal defense attorney. Felony charges can mean serious prison time. And while a misdemeanor might seem minor, a criminal record for a drug crime can impact your ability to find work or housing. A conviction can also result in enhanced penalties if you face future charges.

For more information on psilocybin laws and research, check out Psychedelic Alpha and UC Berkeley Center for the Science of Psychedelics.