Psilocybin mushrooms are not specifically named in the U.S. federal scheduling system, however their two primary active chemicals Psilocybin and Psilocin are both Schedule I in the United States. This means they are illegal to manufacture, buy, possess, or distribute (sell, trade or give) without a DEA license. Fresh and dried psilocybin mushrooms are considered containers of Psilocybin and Psilocin, making them illegal to possess as well.Because spores contain no psilocybin or psilocin, they are legal to sell and possess (in all states except California, Georgia, and Idaho). But in most states, it is illegal to cultivate or propogate spores into mycelium since mycelium generally contains both psilocybin and psilocin.Some countries have ruled that growing psilocybe mushrooms does not qualify as 'manufacturing' a controlled substance (psilocybin). In 2005, a New Mexico state appelate court ruled that growing mushrooms did not qualify as manufacturing psilocybin under state law (see State of New Mexico v. Pratt , 2005 or http://caselaw.findlaw.com/nm-court-of-appeals/1401800.html ). In Feb 2006, the FMRC'sjournal reported that the Pratt ruling was overturned and that people have been prosecuted for growing psilocybin mushrooms in New Mexico.(TEO Feb 2006). However, Erowid has not been able to substantiate FMRC's claim and to the best of our understanding, the Pratt appelate ruling stands. (last updated Jun 28, 2013)

Caution : All legal information should be verified through other sources. [ see below

are illegal in every state in the United States except Florida (see below).An Overview of case law for several states can be accessed here are legal to possess in every state except California, Georgia, and Idaho. (see details ).

New Mexico appeals court ruled on June 14, 2005, that growing psilocybin mushrooms for personal consumption could not be considered "manufacturing a controlled substance" under state law. See Opinion: State of New Mexico vs. David Ray Pratt - June 14 2005

Florida stands out because of a decision in 1978 in Fiske v Florida by the Florida Supreme Court which ruled that wild-picked psilocybin mushrooms could not be legally considered "containers" of psilocybin and thus would have to be specifically listed in Florida law by the legislature if they meant to make them illegal. Since the Florida legislature has not chosen to change the laws since then, the possession of wild Psilocybin mushrooms is presumptively not punishable under state law. This does not mean police won't arrest people for possession of even wild mushrooms, but this has been used as a successful defense against such charges.

Denver Colorado passed an ordinance ( Ordinance 301 ) for the city that prohibits local authorities from enforcing criminal penalties for possesion of psilocybin-containing mushrooms. It is the first we know of this type of decriminalization for psilocybin mushrooms. The ordinance was passed on May 8, 2019. See https://www.latimes.com/nation/la-na-magic-mushroom-denver-decriminalization-20190508-story.html

The SF-Bay Area city of Santa Cruz City resolved "to not expend City resources in the investigation and arrest of persons twenty-one (21) years of age and older solely for the personal use, personal possession, and personal cultivation of Entheogenic Plants and Fungi listed on the Federal Schedule 1 list and that such activities should be considered among the lowest law enforcement priorities..." on Jan 28 2020. [ Santa Cruz City Council Minutes, Jan 28 2020

The SF-Bay Area city of Oakland de-prioritized / decriminalized the possession of "entheogenic plants" including psilocybin mushrooms, mescaline-containing cacti, iboga, and DMT-containing plants such as those used in ayahuasca on June 4 2019 at 23:12 (11:12pm) on a "unanimous vote" (although it appeared at least one councilperson abstained. This effort was lead by Decriminalize Nature Oakland . The Oakland resolution did not decriminalize opiate-containing plants. Congratulations to those who worked this successful campaign! The text of the resolution included: "RESOLVED, That the Mayor and City Council hereby declare that it shall be the policy of the City of Oakland that no department, agency, board, commission, officer or employee of the city, including without limitation, Oakland Police Department personnel, shall use any city funds or resources to assist in the enforcement of laws imposing criminal penalties for the use and possession of Entheogenic Plants by adults; [... and ...] RESOLVED That the Mayor and City Council hereby declare that it shall be the policy of the City of Oakland that the investigation and arrest of adult persons for planting, cultivating, purchasing, transporting, distributing, engaging in practices with, and/or possessing Entheogenic Plants or plant compounds on the Federal Schedule 1 list shall be amongst the lowest law enforcement priority for the City of Oakland; [...]" (last updated June 4 2019)





See European Monitoring Centre for Drugs and Drug Addiction

See A. Schouten's overview of the



Psilocybin mushrooms are not specifically listed by the United Nations International treaties and the laws regarding them vary quite a bit around the world. States which are party to the UN Drug Control Program are free to decide for themselves whether to control them.See European Monitoring Centre for Drugs and Drug Addiction Legal Status of Hallucinogenic Mushrooms in the EU.See A. Schouten's overview of the international legal status of Psilocybin Mushrooms





"Any plant of the genus Psilocybe" is restricted under the "Border controlled plant" provisions of the CCA (see section 314.5 of the Psilocine and psilocybine are illegal to possess or sell under the Criminal Code Act of 1995 (CCA). We have received a report that harvested psilocybin-containing mushrooms are considered illegal "preperations" throughout Australia, and growing psilocybin mushrooms consitutes "manufacturing illegal drugs" and carries even higher penalties. (thanks Torsten) The mushrooms themselves are subject to specific controls in some states or territories."Any plant of the genus Psilocybe" is restricted under the "Border controlled plant" provisions of the CCA (see section 314.5 of the Criminal Code ). This makes Psilocbye mushrooms illegal to import and export, and illegal to possess if they have been imported. We have received an unconfirmed report that it is possible to import or export of psilocybin mushroom spore prints for purposes of microscopy, though this technically may be a violation of the CCA (thanks A Moffett). (updated Apr 2008)

Psilocybin/psilocin and the mushrooms themselves are reportedly controlled in Belgium. (thanks D) (last updated Feb 24 2011)

Although psilocybin and psilocin are controlled substance in Brazil, mushrooms are not listed, and we have some indication that they may not be considered illegal. We received a report from a Brazilian public lawyer that psilocybin-containing mushrooms cannot be considered vessels of psilocybin and psilocin under Brazilian law, and are therefore not illegal. The Brazilian constitution does not allow punishment for any act that is not specifically forbidden. In addition, there is a legal precedent for the religious use of ayahuasca tea in Brazil. The sacramental use of psilocybin mushrooms is considered to fall under the same protection. (thanks Roldan, P, FB)

Both Psilocybin and Psilocin are schedule III in Canada. (Note: Canadian schedules are very different than U.S. schedules). See Psychoactive-Related Laws for Canada

English Translation) The Danish Ministry of Health declared that is would make psilocybin mushrooms illegal to possess, buy, and sell as of July 1, 2001. http://www.stiften.dk/artikel:aid=23734

Psilocybin mushrooms are illegal to cultivate, possess, or sell in Finland. (thanks VG)

Psilocybin mushrooms are illegal to cultivate, possess, or sell in France. Legal status of spores is unknown. (thanks ms) (last updated June 17, 2010)

Psilocybin-containing mushrooms are treated as a controlled substance in Germany. Illegal to possess, sell, grow, or distribute. See http://www.gesetze-im-internet.de/btmg_1981/anlage_i_59.html . There had been some confusion for years when some retailers sold fresh mushrooms in Germany between the late 1990s and late 2000s, but the German authorities have now shut down and prosecuted sellers openly offering psilocybin containing mushrooms. (thanks dp) (last updated Jun 20 2013)

Psilocybin is a controlled substance and the Hong Kong Narcotics Bureau considers psilocybin-containing mushrooms to be controlled under Schedule I, Part I, of the Dangerous Drug Ordinance. Magic Mushroom, a dangerous drug , July 2002.

Psilocybin-containing mushrooms are illegal in India, but in some parts of the country they are ignored by authorities, places like Old Manali, Karela (Idiki), and Kodaikanal. (unconfirmed) (thanks C)

Although Indonesia's drug laws are extremely harsh, the psilocybin-containing local mushrooms on Bali seem to be ignored by law enforcement. (unconfirmed) (thanks l) (last updated Aug 22, 2012)