Question: Is It Legal to Grow Psychedelic (Magic) Mushrooms in the U.S.?

Answer: No, it is not legal for you to grow, sell or posses psychedelic mushrooms in America because psilocybin and psilocyn, the key psychoactive compounds in these “shrooms” are classified as Schedule I substances under the federal Controlled Substances Act.

However, it is legal for you to sell, purchase and own psilocybin mushroom spores (before they are grown) because the spores themselves do not contain the controlled substances psilocybin or psilocyn and are therefore not regulated under the Controlled Substances Act (under §812. Schedules of controlled substances) or other laws.

Using injectable spores or swabs to inoculate and cultivate psychedelic mushroom “fruits” or even mycelium however is illegal. This is regardless of the legal status of the spores themselves. If you are harvesting “caps and stems” can put you into felony territory, especially when done at scale. Mushroom Grow bags and kits and other paraphernalia can be bought and sold without any issues.

Always remember, just because something is decriminalized doesn’t mean it’s legal or risk-free (always ask yourself, “could a DA or persecutor find a gray area or loophole to convict me?” In most cases you won’t know, which is where an experienced lawyer’s input and help is needed).

Federal Legal Status of Psychedelic Mushrooms

Yes it’s illegal under federal law to grow magic mushrooms. Under federal law, it’s unambiguously illegal to manufacture, distribute, or possess the psychoactive compounds in psychedelic mushrooms, also known on the street by drug dealers as “shrooms” or “mush.” This prohibition extends to several specific species, including psilocybe cubensis (commonly called Golden Teacher among aficionados) and psilocybe semilanceata. If you’re caught growing (even if you’re not selling) these kinds of fungi, you could face serious consequences:

• Prison sentences ranging from a few years to decades, depending on the scale of the operation and your criminal history
• Fines that can reach hundreds of thousands of dollars
• A permanent criminal record that can impact your employment, housing, and other aspects of your life

There have been several high-profile federal prosecutions we’ve heard of related to psychedelic mushrooms:

1. Example psilocybin–related Colorado Case (2021): In Colorado, federal prosecutors charged several individuals with conspiracy to cultivate and distribute psychedelic mushrooms across state lines. This operation was significant as it involved a large-scale distribution network, and the individuals faced serious charges with potential long-term prison sentences.
2. Example psilocybin–related California Case (2019): In 2019, a man in California was sentenced to prison for running a large-scale psychedelic mushroom cultivation and distribution network. The operation was substantial, and the prosecution emphasized the seriousness of distributing a Schedule I controlled substance.
3. Example psilocybin–related Military Case (2020): An Air Force Academy cadet faced a special court-martial for using psilocybin. Although he received a relatively light sentence due to a plea deal, it highlighted the strict enforcement policies within the military against the use of such substances.

State and Local Legal Status

While psychedelic mushrooms are off-limits under federal law, enforcement largely falls to state and local authorities. Some states have taken steps to decriminalize or deprioritize enforcement against their cultivation:

Oregon has decriminalized possession of small amounts of mushrooms (see official state government guide here), making it a civil infraction rather than a criminal offense. California has made possession of psilocybin-containing mushrooms the lowest law enforcement priority. Colorado is considering legislation to legalize psilocybin compounds for therapeutic use.

At the city level, several jurisdictions have passed decriminalization measures:

Denver has made arresting people for psilocybin-containing mushroom offenses the lowest law enforcement priority. Oakland has decriminalized possession and cultivation of small amounts of psilocybin.

However, it’s important to understand the limits of these measures. They don’t override federal law, and they usually only apply to small amounts for personal use. Commercial cultivation remains prohibited.

Outside of the USA?

We don’t know the laws and regulations of other countries outside of the USA and don’t want to comment on them. Please do your own research and get legal counsel in whichever country you’re in if you plan to grow or consume hallucinogen mushrooms.

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