Possession penalty
A first conviction for simple possession carries a fine of up to $5,000, up to one year in county jail, or both; a second or subsequent offense is a Class I felony.
WI Psilocybin law · Reviewed Nov 12, 2026
Psilocybin and psilocin remain illegal in Wisconsin, with no statewide medical or decriminalization program.
A first conviction for simple possession carries a fine of up to $5,000, up to one year in county jail, or both; a second or subsequent offense is a Class I felony.
Wisconsin has no psilocybin therapy program. Research requires a Controlled Substances Board permit and must comply with federal registration requirements. A federal executive order in April 2026 directed further review and work on potential access and research, but did not reschedule psilocybin or create an enforceable right; no psilocybin product had FDA approval as of October 2026.
No city or county measures found in our sources.
No Wisconsin statute cited specifically names spores, mycelium, or grow kits; the sources caution that statutory silence is not permission.
One source describes Amanita muscaria as a non-psilocybin mushroom product sold legally; no further Wisconsin legal detail is provided.
Wisconsin's possession statute also covers LSD and MDMA: a first conviction carries up to a $5,000 fine, one year in county jail, or both; a second or subsequent offense is a Class I felony.
Wisconsin has a law that would let doctors prescribe an FDA-approved psilocybin medicine once federal approval and rescheduling happen. It does not legalize mushrooms.
Federal Schedule I listing of psilocybin and psilocyn took effect.
Wisconsin's Schedule I listing took effect.
Sources report no Wisconsin psilocybin decriminalization or therapy program and no enacted psilocybin bill in the 2025–26 Legislature.
Number of states in each category. Wisconsin’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.”
Psilocybin and psilocin remain illegal in Wisconsin, with no statewide medical or decriminalization program.
A first conviction for simple possession carries a fine of up to $5,000, up to one year in county jail, or both; a second or subsequent offense is a Class I felony.
Wisconsin has no psilocybin therapy program. Research requires a Controlled Substances Board permit and must comply with federal registration requirements. A federal executive order in April 2026 directed further review and work on potential access and research, but did not reschedule psilocybin or create an enforceable right; no psilocybin product had FDA approval as of October 2026.
No Wisconsin statute cited specifically names spores, mycelium, or grow kits; the sources caution that statutory silence is not permission.
One source describes Amanita muscaria as a non-psilocybin mushroom product sold legally; no further Wisconsin legal detail is provided.
Pscilly classifies Wisconsin 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.