Education State laws · Reviewed Nov 12, 2026
Where magic mushrooms are legal, where they are decriminalized, where therapy pilots are running, and what the penalties are everywhere else. Pick a state to see its full breakdown, timeline and sources.
| State | Access score | Status | Local measures | Trigger law | Simple possession |
|---|---|---|---|---|---|
| Alabama | 0/5 | Illegal | 0 | — | Possession of any amount is a Class D felony under Ala. Code § 13A-12-212; the stated range is 1 year and 1… |
| Alaska | 1/5 | Reform underway | 0 | Yes | Possessing any amount is a class A misdemeanor, punishable by up to one year in jail and a fine of up to… |
| Arizona | 0/5 | Illegal | 0 | Yes | Knowing possession or use is generally a class 4 felony. For some first offenders, on the state’s motion, a court may enter… |
| Arkansas | 0/5 | Illegal | 0 | — | Possession under 2 grams is a Class D felony, punishable by up to 6 years in prison and a fine of up… |
| California | 3/5 | Locally decriminalized | 5 | — | Simple possession is generally a misdemeanor, punishable by up to one year in county jail and/or a fine; the sources do not… |
| Colorado | 5/5 | Legal (licensed) | 0 | Yes | For adults 21 and older acting within the personal-use law, the sources describe possession as decriminalized and give no first-offense penalty, class,… |
| Connecticut | 2/5 | Research / pilots | 0 | Yes | Simple possession of any amount is a class A misdemeanor, punishable by up to 364 days in jail and a fine of… |
| Delaware | 0/5 | Illegal | 0 | — | Possession below Tier 1 is a class B misdemeanor, punishable by up to 6 months’ incarceration and a fine up to $1,150.… |
| District of Columbia | 3/5 | Locally decriminalized | 1 | Yes | Simple possession without a valid prescription is a misdemeanor punishable by up to 180 days in jail, a fine of up to… |
| Florida | 0/5 | Illegal | 0 | — | The supplied sources do not state the penalty for first-offense simple possession. |
| Georgia | 1/5 | Reform underway | 0 | Yes | Possession is a felony; for less than 1 gram, the stated first-offense range is 1–3 years in prison. Higher quantities carry different… |
| Hawaii | 0/5 | Illegal | 0 | — | First-offense simple possession is promoting a dangerous drug in the third degree, a class C felony, punishable by up to five years… |
| Idaho | 0/5 | Illegal | 0 | — | First-offense simple possession is a misdemeanor punishable by up to 1 year in jail, a fine up to $1,000, or both. |
| Illinois | 0/5 | Illegal | 0 | — | Possession of any amount is a Class 4 felony, punishable by 1–3 years in prison and a fine of up to $25,000.… |
| Indiana | 2/5 | Research / pilots | 0 | Yes | Knowing simple possession without a valid prescription is a Class A misdemeanor, punishable by up to 1 year in jail and a… |
| Iowa | 0/5 | Illegal | 0 | — | First-offense simple possession is a serious misdemeanor: up to one year in jail and a $430–$2,560 fine. A 48-hour minimum term may… |
| Kansas | 0/5 | Illegal | 0 | Yes | For a first offense, simple possession is a class A nonperson misdemeanor, punishable by up to one year in county jail and… |
| Kentucky | 0/5 | Illegal | 0 | — | First-offense simple possession is generally a Class A misdemeanor, punishable by up to 12 months in jail and a $500 fine. |
| Louisiana | 2/5 | Research / pilots | 0 | — | The cited first-offense penalty provisions provide up to 2 years’ imprisonment, with or without hard labor, and a possible fine up to… |
| Maine | 0/5 | Illegal | 0 | — | Unlawful possession of a Schedule X drug is a Class D crime, punishable by less than one year of imprisonment and a… |
| Maryland | 1/5 | Reform underway | 0 | — | First-offense simple possession is a misdemeanor punishable by up to 1 year in prison, a $5,000 fine, or both. |
| Massachusetts | 3/5 | Locally decriminalized | 5 | — | First-offense simple possession is punishable by up to 1 year of imprisonment, a fine of up to $1,000, or both. |
| Michigan | 3/5 | Locally decriminalized | 7 | — | First-offense simple possession is a misdemeanor punishable by up to 1 year in jail, a fine of up to $2,000, or both. |
| Minnesota | 1/5 | Reform underway | 0 | — | For a person with no prior drug conviction, possession of less than 0.25 grams or one dosage unit or less is a… |
| Mississippi | 0/5 | Illegal | 0 | Yes | No separate first-offense rule is stated. For less than 0.1 gram or two dosage units, simple possession is a misdemeanor punishable by… |
| Missouri | 0/5 | Illegal | 0 | — | Knowing possession is a Class D felony, punishable by up to 7 years in prison and a fine of up to $10,000;… |
| Montana | 0/5 | Illegal | 0 | — | Simple possession is punishable by up to 5 years in state prison, a fine up to $5,000, or both; a first violation… |
| Nebraska | 0/5 | Illegal | 0 | Yes | Knowing or intentional possession without a valid medical order is a Class IV felony, regardless of amount: up to 2 years’ imprisonment… |
| Nevada | 1/5 | Reform underway | 0 | — | For less than 14 grams, a first offense is a category E felony. On a guilty, guilty-but-mentally-ill, or no-contest plea, the court… |
| New Hampshire | 0/5 | Illegal | 0 | — | First-offense possession of any amount is generally a class B felony, punishable by up to 7 years in prison and a fine… |
| New Jersey | 2/5 | Research / pilots | 0 | — | Possession of 1 ounce or less is a disorderly persons offense, punishable by up to 6 months in county jail and a… |
| New Mexico | 4/5 | Medical program | 0 | — | Outside the medical program, possession of any amount is generally a misdemeanor punishable by a $500–$1,000 fine, imprisonment for less than one… |
| New York | 0/5 | Illegal | 0 | Yes | Knowingly possessing any amount is at least a class A misdemeanor; the cited maximum is 364 days in jail and a $1,000… |
| North Carolina | 0/5 | Illegal | 0 | — | Possession of any amount is a Class I felony, with no small-amount misdemeanor tier. A first-time offender may be eligible for a… |
| North Dakota | 0/5 | Illegal | 0 | Yes | Simple possession is a class A misdemeanor for a first offense, punishable by up to 360 days in jail, a $3,000 fine,… |
| Ohio | 0/5 | Illegal | 0 | — | First-offense possession below the bulk amount is a fifth-degree felony, punishable by 6–12 months in prison and a fine of up to… |
| Oklahoma | 0/5 | Illegal | 0 | — | A first simple-possession violation is a misdemeanor punishable by up to one year of confinement and a fine of up to $1,000,… |
| Oregon | 5/5 | Legal (licensed) | 0 | — | For less than 12 grams, possession is a drug enforcement misdemeanor, generally sentenced to supervised probation for up to 18 months with… |
| Pennsylvania | 0/5 | Illegal | 0 | — | Knowing simple possession without authorization is a misdemeanor: up to one year in prison, a $5,000 fine, or both; after a prior… |
| Rhode Island | 0/5 | Illegal | 0 | — | The sources do not give a separate first-offense penalty. For simple possession, 10 grams or less is a misdemeanor punishable by up… |
| South Carolina | 0/5 | Illegal | 0 | — | First-offense simple possession is a misdemeanor punishable by up to six months in jail, a fine of up to $1,000, or both. |
| South Dakota | 0/5 | Illegal | 0 | Yes | Knowingly possessing psilocybin without a valid prescription or order is a Class 5 felony, punishable by up to five years in state… |
| Tennessee | 0/5 | Illegal | 0 | — | Knowing simple possession is a Class A misdemeanor, punishable by up to 11 months and 29 days in jail, a fine of… |
| Texas | 2/5 | Research / pilots | 0 | — | Texas possession penalties are based on aggregate weight, including adulterants or dilutants: under 1 gram, state jail felony (180 days to 2… |
| Utah | 2/5 | Research / pilots | 0 | Yes | Knowing simple possession is a class A misdemeanor for a first offense, punishable by up to 364 days in jail and a… |
| Vermont | 0/5 | Illegal | 0 | — | Knowingly possessing any amount carries up to 1 year in prison, a fine of up to $2,000, or both; the cited sources… |
| Virginia | 0/5 | Illegal | 0 | Yes | Simple possession of a Schedule I substance is a Class 5 felony: 1–10 years in prison, or, at the court’s or jury’s… |
| Washington | 3/5 | Locally decriminalized | 2 | Yes | Knowing simple possession is a gross misdemeanor, punishable for a first offense by up to 180 days in jail, a fine of… |
| West Virginia | 0/5 | Illegal | 0 | Yes | Simple possession without a valid prescription is a misdemeanor punishable by 90 days to six months in jail, a fine of up… |
| Wisconsin | 0/5 | Illegal | 0 | Yes | A first conviction for simple possession carries a fine of up to $5,000, up to one year in county jail, or both;… |
| Wyoming | 0/5 | Illegal | 0 | Yes | For a first offense, possession within the statutory amount limits is a misdemeanor punishable by up to 12 months in jail, a… |
Bills signed, ballot measures, program launches and other milestones across all states.
City and county measures that make personal psilocybin a low enforcement priority, by state.
0 = illegal, 1 = reform underway, 2 = research or therapy pilots, 3 = locally decriminalized, 4 = medical program, 5 = licensed adult access. States scoring 0 are not shown.
Canada, Mexico, Jamaica, the Netherlands, Portugal, Australia and 40 more countries.
Not federally. Psilocybin and psilocin are Schedule I controlled substances under federal law. A few states have created their own programs: Colorado, Oregon allow adult access through licensed programs, and New Mexico passed a medical psilocybin law.
Oregon and Colorado run licensed programs where adults 21 and older can take psilocybin under a licensed facilitator. Colorado also allows adults to possess, grow and share natural psilocybin for personal use. New Mexico is setting up a medical program.
Some cities make personal psilocybin a lowest enforcement priority, including places in California, District of Columbia, Massachusetts, Michigan, Washington. These local measures do not change state law; possession can still be charged.
In most states spores can be sold for microscopy because they contain no psilocybin, but California, Georgia and Idaho restrict them, and growing spores into mushrooms is illegal almost everywhere outside Colorado. Check each state page for details.
Amanita muscaria is not a federally controlled substance and is sold in many states, though Louisiana bans it for human consumption. The FDA has not approved muscimol as a food ingredient.
Educational summary, not legal advice. Pscilly reviewed these laws on November 12, 2026 using the sources listed; laws change often, so confirm current rules with the state or a lawyer. Psilocybin remains a Schedule I controlled substance under federal law.
Pscilly is a mushroom directory and marketplace for the U.S., Canada, Europe and beyond, covering mushroom shops, licensed psilocybin centers, smart shops, retreats, mushroom brands, delivery services, events and deals. Listings come from the businesses themselves and from public sources, and every listing links to the business.