State By State Guide To Magic Mushroom Laws

The mycelium and the fruiting bodies of magic mushrooms are typically banned because they contain Psilocybin, and Psilocin – the active ingredients that make people hallucinate.

Magic mushroom spores DO NOT CONTAIN Psilocybin, Psilocin, or any other hallucinogenic substances, so most states do not ban them. And they can be purchased to use for research, or microscopy.

Only 3 states have specific laws that make magic mushroom spores illegal, California, Georgia, and Idaho. Please note: the following laws to not apply to the use of magic mushrooms for a sincere religious practice. For more information about religious use, see our religious legal analysis page.

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Alabama

Alabama – “Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the 9 specific chemical designation (for purposes of this paragraph only, the term “isomer” includes the optical, position, and geometric isomers)”

….

(29) Psilocybin

(30) Psilocyn

https://www.alabamapublichealth.gov/blog/assets/controlledsubstanceslist.pdf

Alaska

(b) Schedule IIA includes, unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, or which contains any of its salts, isomers, whether optical, position, or geometric, or salts of isomers whenever the existence of these salts, isomers, or salts of isomers is possible within the specific chemical designation:

….

(18) psilocybin;

(19) psilocyn;

http://www.legis.state.ak.us/basis/statutes.asp?media=print&secStart=11.71&secEnd=11.71.900

Arizona

(a) Any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances and their salts, isomers, whether optical, positional or geometric, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:

….

(xxxviii) Psilocybin.

(xxxix) Psilocyn.

https://www.azleg.gov/ars/13/03401.htm

https://www.azleg.gov/ars/41/01493-01.htm

Arkansas

(d) Hallucinogenic substances: Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substance, or which contains any of its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this paragraph only, the term “isomer” includes the optical, position and geometric isomers):

….

(28) Psilocybin —————————————– 7437*

(29) Psilocyn ——————————————- 7438*

https://www.pharmacyboard.arkansas.gov/wp-content/uploads/2020/04/controlled_substances_list.pdf

California

(d) Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of its salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this subdivision only, the term “isomer” includes the optical, position, and geometric isomers):

(18) Psilocybin.

(19) Psilocyn.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=10.&chapter=2.&lawCode=HSC

California is unique, in that they have a law specifically for mycelium and spores.

Except as otherwise authorized by law, every person who, with intent to produce a controlled substance specified in paragraph (18) or (19) of subdivision (d) of Section 11054, cultivates any spores or mycelium capable of producing mushrooms or other material which contains such a controlled substance shall be punished by imprisonment in the county jail for a period of not more than one year or in the state prison.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=11390.&lawCode=HSC

Colorado

(c) Any material, compound, mixture, or preparation containing any quantity of the following hallucinogenic substances, including any salts, isomers, and salts of isomers of them that are theoretically possible within the specific chemical designation:

(XXI) Psilocybin;

(XXII) Psilocyn;

https://leg.colorado.gov/sites/default/files/images/olls/crs2018-title-18.pdf

Connecticut

(c) Any material, compound, mixture or preparation which contains their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

(32) Psilocybin;

(33) Psilocyn;

https://eregulations.ct.gov/eRegsPortal/Browse/getDocument?guid=%7b70DF796A-0100-CB84-9777-C1FC46DBFDD4%7d

Delaware

(d) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

(14) Psilocybin;

(15) Psilocyn;

https://delcode.delaware.gov/title16/c047/sc02/index.html

Florida

(c)Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances or that contains any of their salts, isomers, including optical, positional, or geometric isomers, homologues, nitrogen-heterocyclic analogs, esters, ethers, and salts of isomers, homologues, nitrogen-heterocyclic analogs, esters, or ethers, if the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation or class description:

33. Psilocybin.

34. Psilocyn.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/Sections/0893.03.html

Georgia

(3) Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers (whether optical, position, or geometrics), and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

(N) Psilocybin;

(O) Psilocyn (Psilocin);

https://gbp.georgia.gov/document/laws-policies-rules/title-16-chapter-13-crimes-and-offenses-controlled-substances-updated/download

(b) In addition to subsection (a) of this Code section, a “dangerous drug” means any other drug or substance declared by the General Assembly to be a dangerous drug; to include any of the following drugs, chemicals, or substances; salts, isomers, esters, ethers, or derivatives of such drugs, chemicals, or substances which have essentially the same pharmacological action; all other salts, isomers, esters, ethers, and compounds of such drugs, chemicals, or substances unless specifically exempted and the following devices, identified as “dangerous drugs”:

..

(627) Mushroom spores which, when mature, contain either psilocybin or psilocin;

https://law.justia.com/codes/georgia/2017/title-16/chapter-13/article-3/section-16-13-71/

Hawaii

(d) Any material, compound, mixture, or preparation that contains any quantity of

the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless

specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is

possible within the specific chemical designation:

(26) Psilocybin;

(27) Psilocyn;

https://health.hawaii.gov/medicalcannabisregistry/files/2014/11/HRS-3291.pdf

Idaho

(d) Hallucinogenic substances. Any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this subsection only, the term “isomer” includes the optical, position and geometric isomers):

(25) Psilocybin;

(26) Psilocyn;

(33) Spores or mycelium capable of producing mushrooms that contain psilocybin or psilocin.

Legislature.idaho.gov/statlegislature.idaho.gov/statutesrules/idstat/Title37/T37CH27/SECT37-2705/utesrules

Illinois

(d)Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, or which contains any of its salts, isomers and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation (for the purposes of this paragraph only, the term “isomer” includes the optical, position and geometric isomers):

(16) Psilocybin;

(17) Psilocyn;

https://codes.findlaw.com/il/chapter-720-criminal-offenses/il-st-sect-720-570-204.html

Indiana

DEA Drug Scheduling

7437

7438

https://www.deadiversion.usdoj.gov/schedules/orangebook/c_cs_alpha.pdf

Iowa

4. Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this subsection only, the term “isomer” includes the optical, position and geometric isomers):

s. Psilocybin.

t. Psilocyn

https://www.legis.iowa.gov/docs/code/124.204.pdf

Kansas

(d) Any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:

(23) Psilocybin 7437

(24) Psilocyn 7438 Some trade or other names: Psilocin

https://pharmacy.ks.gov/docs/librariesprovider10/statues-regulations/full-version-pdf.pdf?sfvrsn=66fca701_20

Kentucky

DEA Drug Scheduling

7437

7438

https://www.deadiversion.usdoj.gov/schedules/orangebook/c_cs_alpha.pdf

Louisiana

C. Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of their salts, isomers, or salts of isomers, whenever the existence of such salts, isomers, or salts of isomers is possible within the specific chemical designation, for purposes of this Paragraph only, the term “isomer” includes the optical, position, and geometric isomers:

(25) Psilocybin

(26) Psilocyn

https://law.justia.com/codes/louisiana/2011/rs/title40/rs40-964

Maine

C.Unless listed in another schedule, any of the following hallucinogenic drugs, or their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation

(6) Psilocybin

(7)Psilocyn

http://www.mainelegislature.org/legis/statutes/17-A/title17-Asec1102.html

Maryland

(1) A material, compound, mixture, or preparation that contains any of the following hallucinogenic or hallucinogenic-like substances is a substance listed in Schedule I:

(x) psilocybin;

(xi) psilocyn;

https://law.justia.com/codes/maryland/2010/criminal-law/title-5/subtitle-4/5-402/

Massachusetts

(a) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system:

..

(13) Psilocybin

(14) Psilocyn

https://malegislature.gov/laws/generallaws/parti/titlexv/chapter94c/section31

Michigan

(c) Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers, (c) Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, when the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:…

Psilocybin

Psilocyn

https://codes.findlaw.com/mi/chapter-333-health/mi-comp-laws-333-7212.html

Minnesota

(d) Hallucinogens. Any material, compound, mixture or preparation which contains any quantity of the following substances, their analogs, salts, isomers (whether optical, positional, or geometric), and salts of isomers, unless specifically excepted or unless listed in another schedule, whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:

(21) psilocybin;

(22) psilocyn;

https://www.revisor.mn.gov/statutes/cite/152.02

Mississippi

(d)Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances, their salts, isomers (whether optical, positional, or geometric) and salts of isomers, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:

(29) Psilocybin;

(30) Psilocyn;

https://casetext.com/statute/mississippi-code-1972/title-41-public-health/chapter-29-poisons-drugs-and-other-controlled-substances/article-3-uniform-controlled-substances-law/section-41-29-113-schedule-i-of-controlled-substances

Missouri

(5) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

(ll) Psilocybin;

(mm) Psilocyn;

https://revisor.mo.gov/main/OneSection.aspx?section=195.017

Montana

(4) Hallucinogenic substances. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following is a hallucinogenic substance, including salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:

(dd) psilocybin;

(ee) psilocyn;

https://leg.mt.gov/bills/mca/title_0500/chapter_0320/part_0020/section_0220/0500-0320-0020-0220.html

Nebraska

(c) Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation, and, for purposes of this subdivision only, isomer shall include the optical, position, and geometric isomers:

(13) Psilocybin;

(14) Psilocyn;

https://law.justia.com/codes/nebraska/2006/s28index/s2804005000.html

Nevada

4. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, including, without limitation, their salts, isomers and salts of isomers, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:

Psilocybin;

Psilocin;

https://casetext.com/regulation/nevada-administrative-code/chapter-453-controlled-substances/schedules-of-controlled-substances/section-453510-schedule-i

New Hampshire

DEA Drug Scheduling

7437

7438

https://www.deadiversion.usdoj.gov/schedules/orangebook/c_cs_alpha.pdf

New Jersey

e. Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(15) Psilocybin

(16) Psilocyn

https://www.njconsumeraffairs.gov/statutes/new-jersey-controlled-dangerous-substances-act.pdf

New Mexico

C. any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically exempted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:

(15) psilocybin;

(16) psilocyn;

https://law.justia.com/codes/new-mexico/2015/chapter-30/article-31/section-30-31-6/

New York

(d) Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substance, or which contains any of its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this paragraph only, the term “isomer” includes the optical, position and geometric isomers):

(19) Psilocybin.

(20) Psilocyn.

http://apexschool.com/wp-content/uploads/2016/01/NYS-Controlled-Substances-Laws.pdf

North Carolina

(3) Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, including their salts, isomers, and salts of isomers, unless specifically excepted, or listed in another schedule, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

r. Psilocybin.

s. Psilocin.

https://law.justia.com/codes/north-carolina/2014/chapter-90/article-5/section-90-89/

North Dakota

5. Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following hallucinogenic substances, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this subsection only, the term “isomer” includes the optical, position, and geometric isomers):

l. Psilocybin.²

https://casetext.com/statute/north-dakota-century-code/title-19-foods-drugs-oils-and-compounds/chapter-19-031-uniform-controlled-substances-act/section-19-031-05-schedule-i

Ohio

(C) Hallucinogens: Any material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances, including their salts, isomers, and salts of isomers, unless specifically excepted under federal drug abuse control laws, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation. For the purposes of this division only, “isomer” includes the optical isomers, position isomers, and geometric isomers.

(28) Psilocybin; (5-1-71)

(29) Psilocyn; (5-1-71)

https://law.justia.com/codes/ohio/2006/orc/jd_371941-997d.html

Oklahoma

Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(15) Psilocybin

(16) Psilocyn

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section812&num=0&edition=prelim

Oregon

(A) Permit persons licensed, controlled and regulated by this state to legally manufacture

psilocybin products and provide psilocybin services to persons 21 years of age and older, subject

to the provisions of this 2020 Act;

https://sos.oregon.gov/admin/Documents/irr/2020/034text.pdf

Pennsylvania

(iii) Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

14. Psilocybin.

15. Psilocyn.

https://www.health.pa.gov/topics/Documents/Laws and Regulations/DDC_Act.pdf

Rhode Island

(d) Hallucinogenic Substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances, or that contains any of its salts, isomers, and salts of isomers whenever the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this subsection only, the term “isomer” includes the optical, position, and geometric isomers):

(15) Psilocybin

(16) Psilocyn

http://webserver.rilin.state.ri.us/Statutes/TITLE21/21-28/21-28-2.08.HTM

South Carolina

(D) Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

16. Psilocybin

17. Psilocyn

https://www.scstatehouse.gov/code/t44c053.php

South Dakota

34-20B-14. Hallucinogenic substances included in Schedule I.

Any material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, is included in Schedule I, unless specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(18) Psilocybin;

(19) Psilocyn;

https://sdlegislature.gov/Statutes/Codified_Laws/2056825

Tennessee

5. Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following hallucinogenic substances, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this subsection only, the term “isomer” includes the optical, position, and geometric isomers):

(32) Psilocybin (constituent of magic mushrooms);

(33) Psilocyn (constituent of magic mushrooms);

https://law.justia.com/codes/tennessee/2019/title-39/chapter-17/part-4/section-39-17-406/

Texas

Texas has a religious freedom protection act

Unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances or that contains any of the substance’s salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation (for the purposes of this Schedule I hallucinogenic substances section only, the term “isomer” includes optical, position, and geometric isomers):

(29) Psilocybin;

(30) Psilocyn;

https://statutes.capitol.texas.gov/docs/HS/htm/HS.481.htm

Utah

(iii) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, or which contains any of their salts, isomers, and salts of isomers when the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation; as used in this Subsection (2)(iii) only, “isomer” includes the optical, position, and geometric isomers:

(Y) Psilocybin;

(Z) Psilocyn;

https://law.justia.com/codes/utah/2006/title58/58_12006.html

Vermont

Hallucinogenic Drugs; Synthetic Cannabinoids; Tryptamines; Cannabinimimetics; Mescaline Analogs; Dissociatives; Trade or Chemical Name

Psilocybin

Psilocin; 4-OH-DMT

https://www.healthvermont.gov/sites/default/files/documents/pdf/REG_regulated-drugs.pdf

Virginia

3. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of its salts, isomers, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this subdivision only, the term “isomer” includes the optical, position, and geometric 5 7/14/2022 12:00:009 isomers):

Psilocybin;

Psilocyn;

https://law.lis.virginia.gov/pdf/vacode/54.1-3446/

Washington

(c) Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation. For the purposes of this subsection only, the term “isomer” includes the optical, position, and geometric isomers:

(28) Psilocybin;

(29) Psilocyn;

https://app.leg.wa.gov/rcw/default.aspx?cite=69.50.204

West Virginia

(d) Hallucinogenic substances.

Psilocybin;

Psilocyn;

http://www.wvlegislature.gov/wvcode/chapterentire.cfm?chap=60A&art=2&section=204

Wisconsin

(4) Hallucinogenic substances. Any material, compound, mixture or preparation which contains any quantity of any of the following hallucinogenic substances, including any of their salts, isomers, esters, ethers, and salts of isomers, esters, or ethers that are theoretically possible within the specific chemical designation, in any form contained in a plant, obtained from a plant, or chemically synthesized:

(r) Psilocybin;

(s) Psilocin;

https://codes.findlaw.com/wi/controlled-substances-ch-961/wi-st-961-14.html

Wyoming

(d) Hallucinogenic substances. -Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation (for purposes of this paragraph only, the term “isomer” includes the optical, position and geometric isomers):

(xix) Psilocybin;

(xx) Psilocyn;

https://wyoleg.gov/statutes/compress/title35.pdf

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