DE Psilocybin law · Reviewed Nov 12, 2026
As of late 2026, psilocybin mushrooms remain illegal in Delaware, where psilocybin and psilocyn are Schedule I substances and no state reform or access program has been enacted.
Possession below Tier 1 is a class B misdemeanor, punishable by up to 6 months’ incarceration and a fine up to $1,150. The newer source reports felony possession tiers for mixtures containing psilocybin: class G at 2.5 g or 12.5 doses, class E at 5 g or 25 doses, and class B at 12.5 g or 62.5 doses. First-offender diversion may be available under § 4767.
No Delaware psilocybin medical, therapy, task-force, or decriminalization program is reported. State law permits qualifying lawful research, teaching, or testing under applicable controlled-substance registration requirements.
No city or county measures found in our sources.
Delaware law does not specifically address spores. An older source describes spores as legal for microscopy, but the newer source says the statute is silent and does not establish that permission.
A source reports that Amanita muscaria is not controlled under Delaware or federal law.
No separate state rules for ibogaine, MDMA, LSD or ketamine were noted in our sources.
Delaware enacted its Uniform Controlled Substances Act, establishing Schedule I.
A statutory amendment left the psilocybin and psilocyn Schedule I listings in place.
Sources report no enacted psilocybin reform or state access program.
Number of states in each category. Delaware’s category is highlighted.
Access score from 0 (illegal) to 5 (licensed adult access).
Listings describe themselves; Pscilly does not sell psilocybin, and sellers outside a state program are labeled “not state-licensed.”
As of late 2026, psilocybin mushrooms remain illegal in Delaware, where psilocybin and psilocyn are Schedule I substances and no state reform or access program has been enacted.
Possession below Tier 1 is a class B misdemeanor, punishable by up to 6 months’ incarceration and a fine up to $1,150. The newer source reports felony possession tiers for mixtures containing psilocybin: class G at 2.5 g or 12.5 doses, class E at 5 g or 25 doses, and class B at 12.5 g or 62.5 doses. First-offender diversion may be available under § 4767.
No Delaware psilocybin medical, therapy, task-force, or decriminalization program is reported. State law permits qualifying lawful research, teaching, or testing under applicable controlled-substance registration requirements.
Delaware law does not specifically address spores. An older source describes spores as legal for microscopy, but the newer source says the statute is silent and does not establish that permission.
A source reports that Amanita muscaria is not controlled under Delaware or federal law.
Pscilly classifies Delaware as: illegal. Laws change often, so check the linked sources and current state rules.
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.