Magic Mushrooms Legal States List (Updated 2026)

Magic mushrooms, also known as psilocybin mushrooms, are fungi that contain the psychedelic compound psilocybin. Over the past decade, there has been growing interest in their therapeutic potential, particularly for treating mental health conditions like depression, anxiety, PTSD, and addiction. This surge in research has also fueled legal reforms in parasols states mushrooms are legal in the United States, with some states and cities decriminalizing or legalizing psilocybin for medical or personal use. Understanding the current legal landscape of magic mushrooms in 2026 is essential for anyone interested in their use or study.

Federal Overview

At the federal level, magic mushrooms remain illegal under the Controlled Substances Act, which classifies psilocybin as a Schedule I substance. This means that possession, sale, and cultivation of psilocybin mushrooms are prohibited, except under federally approved research programs. Schedule I status indicates that the substance is considered to have a high potential for abuse, no accepted medical use, and lacks accepted safety under medical supervision. Despite these restrictions, some states have passed legislation or ballot initiatives that allow controlled access or deprioritize law enforcement actions related to magic mushrooms.

States With Legal or Regulated Use of Magic Mushrooms

Oregon

Oregon is at the forefront of psilocybin reform in the United States. The Oregon Psilocybin Services Act, passed in 2020 and fully operational in 2023, allows adults 21 and older to legally access psilocybin in supervised, licensed therapy sessions. Oregon’s program includes licensed facilitators, therapy centers, and rules for the cultivation and handling of psilocybin mushrooms. Recreational use outside of licensed settings remains illegal, but the state provides one of the most structured legal frameworks in the country.

Colorado

In 2022, Colorado voters passed Proposition 122, which decriminalized the personal use and possession of psilocybin mushrooms for adults 21 and over. The initiative also created a regulatory framework for licensed psilocybin therapy centers, allowing adults to undergo psilocybin-assisted sessions legally. The state is currently implementing rules for licensed cultivation and distribution to support therapeutic programs.

Washington, D.C.

Washington, D.C. has decriminalized psilocybin mushrooms following the approval of Initiative 81 in 2020. This initiative effectively makes possession and personal cultivation of psilocybin mushrooms the lowest priority for law enforcement. While psilocybin is not fully legalized, the measure significantly reduces the risk of criminal prosecution for adults possessing small amounts of magic mushrooms.

Cities and Local Jurisdictions With Decriminalization

Even in states where psilocybin remains illegal, several cities have taken independent action to decriminalize magic mushrooms:

• Denver, Colorado: Decriminalized psilocybin in 2019, making adult possession and use the lowest enforcement priority.
  
  

• Oakland and Santa Cruz, California: Both cities have decriminalized the personal use and possession of psilocybin mushrooms.
  
  

• Ann Arbor, Michigan: Decriminalized the possession of entheogenic plants, including psilocybin mushrooms.
  
  

• Seattle, Washington: The city council voted to decriminalize entheogenic plants, including psilocybin, reducing the risk of legal penalties.
  
  

These municipal reforms do not make magic mushrooms fully legal, but they reduce criminal liability and prioritize treatment and education over incarceration.

State-by-State Breakdown of Magic Mushroom Laws

Alabama

Magic mushrooms are illegal in Alabama. Possession, cultivation, or distribution is classified as a criminal offense with significant penalties.

Alaska

Psilocybin mushrooms are illegal in Alaska. There are no statewide decriminalization measures, although advocacy groups are working to change local policies.

Arizona

Magic mushrooms remain illegal, though the state allows for clinical research under strict federal and state oversight.

Arkansas

Psilocybin mushrooms are classified as a Schedule I controlled substance and are illegal for all purposes.

California

While psilocybin mushrooms remain illegal statewide, certain cities such as Oakland, Santa Cruz, and San Francisco have decriminalized possession and personal use.

Colorado

Decriminalized statewide and legal for supervised therapeutic use. Adults 21+ can participate in regulated therapy sessions at licensed centers.

Connecticut

Magic mushrooms remain illegal in Connecticut, with possession and distribution carrying criminal penalties. Limited research is permitted under regulated conditions.

Delaware

Psilocybin mushrooms are illegal, and no decriminalization or therapeutic programs are in place.

Florida

Magic mushrooms are illegal under state law, though research is permitted under controlled and approved studies.

Georgia

Psilocybin mushrooms are illegal. No statewide decriminalization or therapeutic programs exist, though advocacy groups are active.

Hawaii

Psilocybin mushrooms are illegal, but research into therapeutic uses is allowed under federal and state supervision.

Idaho

Magic mushrooms are illegal, and possession, cultivation, or distribution carries criminal penalties.

Illinois

While illegal statewide, advocacy efforts are growing, focusing on potential therapeutic and decriminalization programs.

Indiana

Psilocybin mushrooms remain illegal, with criminal penalties for possession, distribution, or cultivation.

Iowa

Magic mushrooms are illegal and classified as a Schedule I substance. No decriminalization or therapeutic programs exist.

Kansas

Psilocybin mushrooms are illegal. Limited research may be allowed under federal exemptions.

Kentucky

Magic mushrooms remain illegal with Schedule I classification. No decriminalization programs exist.

Louisiana

Psilocybin mushrooms are illegal, though research may be conducted under federal and state approval.

Maine

Magic mushrooms are illegal statewide. However, municipal decriminalization efforts are being explored.

Maryland

Psilocybin mushrooms remain illegal, though legislative discussions about medical access programs are ongoing.

Massachusetts

Illegal statewide, but some cities like Somerville and Cambridge have decriminalized personal use and possession.

Michigan

Magic mushrooms are illegal, but Ann Arbor has decriminalized possession, making it a lower enforcement priority.

Minnesota

Illegal statewide, though limited research may occur in federally approved clinical settings.

Mississippi

Magic mushrooms are illegal and carry severe penalties for possession and distribution.

Missouri

Psilocybin mushrooms are illegal, and no municipal decriminalization programs exist.

Montana

Illegal, with limited research allowed under federal exemptions.

Nebraska

Magic mushrooms are illegal, and no local decriminalization or therapeutic frameworks exist.

Nevada

Illegal statewide, though Las Vegas and Reno are exploring discussions about potential decriminalization or therapeutic programs.

New Hampshire

Magic mushrooms are illegal, though research and clinical trials may be permitted.

New Jersey

Illegal statewide, but advocacy is increasing for medical and therapeutic research programs.

New Mexico

Magic mushrooms remain illegal, with limited research permitted under federal oversight.

New York

Illegal statewide. Some cities are exploring decriminalization and therapeutic programs.

North Carolina

Magic mushrooms are illegal and classified as a Schedule I controlled substance.

North Dakota

Illegal, with strict penalties for possession, sale, or cultivation.

Ohio

Psilocybin mushrooms are illegal, though research is allowed under specific regulatory conditions.

Oklahoma

Illegal, with no current decriminalization or therapeutic programs.

Oregon

Legal for supervised therapeutic use and regulated under the Oregon Psilocybin Services Act.

Pennsylvania

Illegal statewide, though federally approved research is permitted.

Rhode Island

Psilocybin mushrooms are illegal, though local advocacy for therapeutic access is increasing.

South Carolina

Illegal, with severe penalties for possession and distribution.

South Dakota

Illegal, though research may be conducted under controlled conditions.

Tennessee

Illegal and classified as a Schedule I substance.

Texas

Illegal, though advocacy for medical research continues.

Utah

Illegal, with therapeutic research allowed under controlled regulations.

Vermont

Illegal, though some municipalities are exploring decriminalization.

Virginia

Illegal, but research programs may be permitted for medical studies.

Washington

Illegal statewide, though several cities including Seattle have decriminalized personal possession. Therapeutic programs are under discussion.

West Virginia

Illegal, with no decriminalization or therapeutic programs.

Wisconsin

Illegal, though advocacy for medical use and decriminalization is increasing.

Wyoming

Illegal, with Schedule I classification and strict penalties.

Trends and Future Outlook

The legal status of magic mushrooms in the United States is evolving rapidly. States like Oregon and Colorado are establishing comprehensive therapeutic frameworks, while municipal decriminalization is becoming increasingly common. Public opinion continues to shift in favor of therapeutic and controlled access, fueled by research demonstrating psilocybin’s potential mental health benefits. Over the next few years, more states are expected to consider regulated programs or decriminalization measures, creating a patchwork legal environment that continues to change.

Conclusion

Magic mushrooms remain illegal at the federal level but are legal or decriminalized in certain states and municipalities, primarily for therapeutic or personal use. Oregon and Colorado provide the most structured legal access programs, while cities like Denver, Oakland, Ann Arbor, and Seattle have decriminalized possession. Most other states continue to enforce strict prohibitions, although the growing interest in psilocybin therapy and mental health benefits is likely to influence future reforms. Staying informed about local laws is essential for anyone interested in the use, cultivation, or study of magic mushrooms in 2026.