Where Can You Legally Buy Magic Mushrooms? State-by-State Guide

Psilocybin was legally outlawed in the United States in 1968. Where Can You Legally Buy Magic Mushrooms

It has remained unlawful since, but because of the efforts of activists and researchers, these rules may soon change. Legal magic mushroom buy online usa

A growing body of research supports the medical use of magic mushrooms and its main constituent, psilocybin. We shall examine the legal status of psilocybin in each state below.

What is the Legal Status of Magic Mushrooms in the United States?

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In the United States, How Are Magic Mushrooms Regulated?

Psilocybin is listed as a Schedule I restricted substance in the United States.

This statute, however, does not carry as much weight as you might assume because each state can replace it with something different. If state regulators so desire, they may move to legalize magic mushrooms for recreational, medical, or both purposes.

The active constituents of magic mushrooms, psilocybin, and psilocin, are not prohibited in the United States. Magic mushrooms are regarded as a “container” for these illegal substances and are hence prohibited by proxy.

Magic mushroom spores, on the other hand, are lawful in most jurisdictions since they do not contain either of these hallucinogenic compounds.

What Is the Difference Between Decriminalization vs Legalization?

Many people erroneously believe that the terms legalization and decriminalization are synonymous.

As the term implies, decriminalization refers to anything no longer being regarded as a crime, or at least lessening consequences for some criminal activities.

Legalization, on the other hand, refers to the removal of criminal consequences associated with a specific behavior, which typically includes state regulatory presence.

Magic Mushroom Laws State-By-State

At the time, Oregon was the only state that had officially moved to decriminalize magic mushrooms. However, we’ll go through the current state of magic mushroom decriminalization and the penalty for breaking these rules.

Alabama

In Alabama, are magic mushrooms legal or decriminalized?

No!

The possession and sale of hallucinogenic mushrooms is punishable by law in Alabama. Possession of magic mushrooms is a felony under Alabama Code 13A-12-212. Depending on the amount, the penalty can range from 1 to 5 years in prison or $7500 in fines.

The consequences for sales or transfers, on the other hand, are significantly stiffer. These violations incur sentences ranging from 2 to 20 years in jail.

Alaska

In Alaska, are magic mushrooms legal or decriminalized?

No!

Psilocybin is banned in Alaska, and it does not appear that the regulations will change anytime soon. Spores, on the other hand, are lawful, as they are in most states.

Sec. 11.71.150 of the 2019 Alaska Statutes criminalizes possession of psilocybin, describing it as “a degree of danger or probable danger to a person or the public.”

Arizona

In Arizona, are magic mushrooms legal or decriminalized?

No!

Possession or sale of psilocybin or magic mushrooms is a crime in Arizona. However, punishments may vary depending on a number of circumstances, including your prior criminal history and whether you are charged with mere possession or with intent to sell.

Penalties for small-amount possession can range from one year in prison to $750 in fines. In comparison, the penalty for more serious possessions ranges from 10 years in prison to life in prison.

Arkansas

In Arkansas, are magic mushrooms legal or decriminalized?

No!

Possession of any illegal substance is penalized by harsh penalties in Arkansas. If you are caught with modest amounts of psilocybin, you might face a year in prison.

Spores, on the other hand, are lawful because they don’t contain psilocybin. If they catch you with them, they may suspect you of cultivating psychoactive mushrooms.

California

In California, are magic mushrooms legal or decriminalized?

Yes, Santa Cruz, San Francisco, Berkeley, and Oakland are among the California cities that have sought to decriminalize natural psychedelics. Throughout the rest of the state, magic mushrooms are still strictly prohibited.

California is one of the most liberal states in terms of substance legalization or decriminalization. However, psilocybin is still a prohibited substance. However, it appears that the laws will change soon, as one California jurisdiction (Oakland jurisdiction) does not outlaw this chemical.

Furthermore, more and more bills to decriminalize and legalize it are being submitted. Click here to read more on California’s psychedelic drug laws

Colorado

In Colorado, are magic mushrooms legal or decriminalized?

Yes, Colorado recently decriminalized magic mushrooms in November 2022.

Colorado has a positive attitude toward psychedelics and has pushed to decriminalize natural psychedelics for recreational use while also legalizing many for medicinal use in clinics and healing centers throughout the state. Where Can You Legally Buy Magic Mushrooms? Click here to read more psychedelic drug laws Colorado

Connecticut

In Connecticut, are magic mushrooms legal or decriminalized?

No!

The drug law governing psilocybin is basic but stringent. It is classified as a Schedule I substance, putting it in the same category as heroin.

Possession of psilocybin, regardless of how minor, is a felony in Connecticut. Possession of psilocybin, like mescaline, psilocin, and LSD, has harsh criminal consequences, including up to five years in prison and a $2,000 minimum fine.

Delaware  

In Delaware, are magic mushrooms legal or decriminalized?

No!

According to Delaware lawmakers, psilocybin has a high potential for abuse because it is not used for medical purposes. Possession of psilocybin may no longer be a criminal in the future as a result of these definitions.

However, psilocybin is currently a Schedule I substance, carrying one of the most severe penalties the law has to give.

Florida

Are magic mushrooms legal or decriminalized in Florida? No! Psilocybin is a Schedule I substance under Florida law, so possessing more than 10 grams is punishable by up to 30 years in prison. However, in 1978, the state court declared that if wild mushrooms were to be considered illegal, the statute should be rewritten, which it never did, so wild mushrooms remain technically legal.

Georgia

In Georgia, are magic mushrooms legal or decriminalized?

No!

Georgia is one of the more conservative states when it comes to magic mushrooms. This is due to the fact that not only is psilocybin illegal, but so are the spores.

It is unlikely to change very soon, considering Georgia likewise has fairly stringent cannabis legislation.

Possession of psilocybin can constitute either a felony or a misdemeanor, depending on how much psilocybin you had at the time of seizure.

Guam

In Guam, are magic mushrooms legal or decriminalized?

No!

Guam’s drug policy is similar to that of the federal government. Psilocybin is also a Schedule I-restricted drug, which means it is hazardous and has no medical value.

Its possession, sale, or cultivation is a first-degree crime punishable by jail or penalties.

Spore trade and possession, on the other hand, are completely legal.

Hawaii    

In Hawaii, are magic mushrooms legal or decriminalized?

No!

Psilocybin is now prohibited in Hawaii. However, the notion of it becoming allowed for medicinal purposes is gaining traction.

Because of the favorable effects of psilocybin on health and mental well-being, Hawaiian politicians are contemplating legalizing the substance for medicinal purposes.

However, possession of the substance entails harsh consequences, so who knows whether Hawaii will be one of the first to rectify this situation?

Idaho

In Idaho, are magic mushrooms legal or decriminalized?

No!

Idaho officials classify psilocybin as a dangerous drug in Title 37, Chapter 27, Article II. This implies that breaching psilocybin possession, distribution, or manufacture laws can result in criminal penalties.

Furthermore, Idaho is one of the few states where magic mushroom spores are prohibited.

Illinois

In Illinois, are magic mushrooms legal or decriminalized?

No!

Possession of this narcotic within the state can result in significant penalties or possibly incarceration, according to Title 77, Chapter X, Subchapter e, Part 2070 of the Illinois Administrative Code.

However, ordering psilocybin mushroom spores and shipping them anywhere in the state is lawful. However, culturing the spores is illegal.

On the other hand, the city of Chicago is where the majority of the effort to legalize magic mushrooms is centered, thus there is a slight chance that psilocybin will be decriminalized at least in this city eventually.

Indiana

In Indiana, are magic mushrooms legal or decriminalized?

No!

Possession, sale, or manufacture of psilocybin mushrooms is illegal in Indiana. According to the state’s IC 35-48-2-4 legal code, serious criminal penalties, such as fines or imprisonment, are imposed according to the amount possessed or sold.

Because of the latest modification, it is doubtful that the legislation governing the use, possession, or sale of psilocybin will alter.

Iowa

In Iowa, are magic mushrooms legal or decriminalized?

No!          

Psilocybin is classified as a dangerous drug under Iowa Code Ann. § 124.203. As a result, the penalties for possession, sale, or cultivation are severe in this region of the country.

However, there is some hope for improvement, since there are efforts underway to effectively decriminalize psilocybin inside the state. This might be the start of future efforts to decriminalize psilocybin.

Kansas

In Kansas, are magic mushrooms legal or decriminalized?

No!

Psilocybin has a significant potential for misuse and is thus a hazardous drug, according to Chapter 65, Article 41, Section 5 of the Kansas statute book.

The penalty for having magic mushrooms is harsh under this regulation. As a result, this legislation includes punishments such as imprisonment, obligatory drug rehabilitation therapy, and severe fines.

Unfortunately, Kansan politicians have shown little interest in changing this law, thus it will likely remain unchanged for some time.

Kentucky 

In Kansas, are magic mushrooms legal or decriminalized?

No!

Kentucky’s psilocybin laws are quite strict. Depending on the amount, the penalty for possession can range from 5 to 10 years in jail.

The manufacturing or cultivation of magic mushrooms is likewise prohibited by law. Spores, on the other hand, are legal to own and even sell because they do not contain psilocybin or any other prohibited ingredient.

Louisiana

In Louisiana, are magic mushrooms legal or decriminalized?

No!

Psilocybin is classified as a controlled substance in Louisiana, alongside heroin and LSD. Unfortunately, this implies that any therapeutic advantages of magic mushrooms are not recognized by the law.

However, while the law considers psilocybin to be less hazardous than opiates, it does not specify the implications of owning, selling, or producing hallucinogenic mushrooms.

Maine

In Maine, are magic mushrooms legal or decriminalized?

No!

When it comes to psilocybin, Maine’s laws are essentially similar to those of most other states.

It is unlawful to sell, possess, or produce this material, although it is not illegal to possess spores.

Maine’s approach to regulating psilocybin is more subdued than that of most other states. However, it is critical to understand that the consequences for possession are severe, and you might face years in prison or thousands of dollars in fines.

Maryland

In Maryland, are magic mushrooms legal or decriminalized?

No!

Because Maryland uses the existing DEA scheduling system, understanding the legislation related to psilocybin usage in Maryland is rather simple. This, however, implies that it does not rely on a specific act to establish its own standards for scheduling or categorizing chemicals.

At the federal level, it is quite similar to the rest of the country. Possession of psilocybin mushrooms may lead to significant criminal charges, penalties, and perhaps prison time.

Massachusetts

In Massachusetts, are magic mushrooms legal or decriminalized?

Yes, magic mushrooms are legal in four Massachusetts towns: Cambridge, Northampton, Somerville, and Easthampton.

However, psilocybin is classified as a Class C drug in Massachusetts, among other narcotics such as THC. Mushrooms, on the other hand, remain illegal, and their possession, sale, or cultivation is punishable by steep penalties and even jail.

Michigan

In Michigan, are magic mushrooms legal or decriminalized?

Yes, magic mushrooms have been decriminalized in Detroit, Grand Rapids, and Ann Arbor, but they are still unlawful in the rest of the state.

Psilocybin is listed as a dangerous chemical under Section 33.7212 of the Michigan Public Health Code. This regulation is quite stringent when it comes to the possession, sale, or manufacturing of any drug. Possession violations can result in life imprisonment.

Spores, on the other hand, are lawful since they do not contain any prohibited ingredients.

Minnesota

In Minnesota, are magic mushrooms legal or decriminalized?

No!

If you live in Minnesota, you should be aware that breaching drug laws is criminal. Possession of psilocybin is equally as dangerous in Minnesota as possession of cocaine or heroin. As a result, the consequences for possession or sale can be severe, including thousands of dollars in fines or jail time.

Possession or sale of spores is not illegal in this state.

Mississippi

In Mississippi, are magic mushrooms legal or decriminalized?

No!

Mississippi has some of the harshest psilocybin prohibitions in the country. It not only forbids the possession, sale, or cultivation of psilocybin, but it also forbids the possession, sale, or usage of spores. This is because cultivators of magic mushrooms are considered potential traffickers under state law.

Possession of spores, on the other hand, is a misdemeanor, while cultivation is a crime.

Missouri

In Missouri, are magic mushrooms legal or decriminalized?

No!

In Missouri, the use, sale, or production of hallucinogenic mushrooms is a crime punishable by fines and imprisonment. Furthermore, psilocybin is classified as a Schedule I restricted drug under Missouri Rev Stat 195.017. The substances in this list are the most harmful.

Spores, on the other hand, are legal in this region of the nation and may even be purchased.

Montana

In Montana, are magic mushrooms legal or decriminalized?

No!

Mushrooms are classified as a Schedule I drug in Montana, the most hazardous category. Depending on how much you’re transporting, you might face steep penalties or even imprisonment.

Spores, on the other hand, are permitted in Montana.

Nebraska

In Nebraska, are magic mushrooms legal or decriminalized?

No!

Nebraska’s drug regulations are similar to those in the rest of the country. Possession or sale of psilocybin in this state will result in heavy penalties or maybe jail time.

In this state, however, there is a rising push to loosen the legislation regarding psilocybin and consider mushrooms as a natural cure.

Nevada

In Nevada, are magic mushrooms legal or decriminalized?

No!

Psilocybin, like other hallucinogenic substances like LSD, is prohibited in Nevada. If you violate the law, you might face serious repercussions such as jail or fines of $1000 or more.

With a clean criminal record, you may face up to a year in jail for having even modest amounts of psilocybin.

New Hampshire

In New Hampshire, are magic mushrooms legal or decriminalized?

No!

The laws concerning psilocybin in New Hampshire are the same as those in the rest of the country. In 2018, however, a contentious episode happened.

Jeremy Mack was a member of a Native American church that permitted the use of mushrooms under certain conditions. Despite the fact that he was detained for possession, the Supreme Court of Justice protected the devout man on the grounds that psychedelics were part of his spiritual activities.

This is not to indicate that its usage is prohibited. On the contrary, the use, sale, or cultivation of the drug is punishable by fines or jail.

New Jersey

In New Jersey, are magic mushrooms legal or decriminalized?

No!

Despite the fact that psilocybin is prohibited in New Jersey, the penalty for possession was recently lessened. The reclassification reduces the penalty to a $1,000 fine or a 6-month imprisonment, rather than 3-5 years in jail for more serious drug offenses.

New Mexico

In New Mexico, are magic mushrooms legal or decriminalized?

No!

The legality of psilocybin in New Mexico differs somewhat from the rest of the country. While producing or having psilocybin mushrooms for personal use is unlawful, it is not considered a criminal infraction, so you are unlikely to face more than a fine.

However, psilocybin is still classified as a Schedule I-restricted drug in the state. As a result, the intent to make and distribute carries substantially harsher sanctions.

New York

In New York, are magic mushrooms legal or decriminalized?

No!

Possession of more than one gram of psilocybin is a “Class C” crime in New York. This indicates that the penalty for this violation is up to 5.5 years in jail and a $15,000 fine.

However, the state is quite interested in decriminalizing the drug. State Assemblywoman Linda Rosenthal presented legislation in May 2020 to remove psilocybin from the state’s list of prohibited narcotics.

North Carolina

In North California, are magic mushrooms legal or decriminalized?

No!

Possession, manufacturing, or sale of psilocybin is a crime in North Carolina under federal law.

Psilocybin is a Schedule I restricted narcotic under state law, and violating it can result in harsh fines or prison time.

North Dakota

In North Dakota, are magic mushrooms legal or decriminalized?

No!

In North Dakota, psilocybin is classified as a Schedule I drug. Possession, manufacturing, or sale of psilocybin is thus a criminal under the law.

Violations of the legislation can result in harsh consequences such as large fines or jail time.

Ohio

In Ohio, are magic mushrooms legal or decriminalized?

No!

Psilocybin is a Schedule I restricted drug in Ohio. Because it is classified as a dangerous chemical, the consequences of selling, using, or cultivating it are severe.

Possession, for example, is a crime punishable by a minimum of two years in jail and a maximum punishment of ten years. The maximum penalty for the first violation is $5,000. Penalties are doubled for a second or subsequent infraction.

Oklahoma

In Oklahoma, are magic mushrooms legal or decriminalized?

No!

Minor offenders in Oklahoma face hefty jail terms due to the state’s tough stance against illegal drug usage. The most severe punishments include up to 20 years in prison and fines of up to $10,000.

Spores, on the other hand, are lawful in Oklahoma.

Oregon

In Oregon, are magic mushrooms legal or decriminalized?

Yes!

Following the passage of Measure 109 on the November 2020 ballot, Oregon became the first US state to decriminalize and legalize psilocybin for medicinal purposes.

The selling of this chemical without a certificate, on the other hand, is punishable by hefty penalties or even jail. Where Can You Legally Buy Magic Mushrooms

Pennsylvania

In Pennsylvania, are magic mushrooms legal or decriminalized?

No!

Despite the fact that 10 Pennsylvania cities have no marijuana sanctions, the attitude to psilocybin is different.

Possession of shrooms can result in up to 30 days in prison and a $500 fine. The acquisition and selling of spores, on the other hand, is not a felony.

Puerto Rico

In Puerto Rico, are magic mushrooms legal or decriminalized?

No!

Magic mushrooms may be found in Puerto Rico’s rainforests such as Luquillo, the mangroves of the north of the island, and the region near the Sarapa surfing location in Vega Baja.

The drug, however, is banned in Puerto Rico. As a result, its use, sale, or possession can result in harsh penalties such as jail or fines.

Rhode Island

In Rhode Island, are magic mushrooms legal or decriminalized?

No!

In Rhode Island, psilocybin is banned. However, there is a significant desire in the state to legalize natural therapeutic drugs.

Governor Dan McKee, for example, suggested a trial run of safe consumption places in June 2021, where individuals might try and consume illicit substances in a medically supervised atmosphere.

However, mushroom usage is prohibited, and possession might result in serious repercussions.

South Carolina

In South Carolina, are magic mushrooms legal or decriminalized?

No!

In North Carolina, magic mushrooms are banned, and possession is a crime.

Psilocybin is a Schedule I-restricted drug in the United States. This indicates that it is a harmful chemical in the eyes of the state.

Magic mushroom spores, on the other hand, are freely available since they do not contain any illicit substances.

South Dakota

In South Dakota, are magic mushrooms legal or decriminalized?

No!

Psilocybin, like marijuana, is prohibited in South Dakota. This is due to the fact that it is a Schedule I drug. This implies that using, selling, or possessing it will result in harsh penalties such as jail or large fines.

Tennessee

In Tennessee, are magic mushrooms legal or decriminalized?

No!

Possession of psilocybin is a “Class A” crime in Tennessee. Offenses in this class can result in up to a year in prison and penalties of up to $2,500.

Spores, on the other hand, are perfectly lawful (as long as you don’t grow them).

Texas

In Texas, are magic mushrooms legal or decriminalized?

No!

In Texas, the penalties for possessing, selling, or manufacturing magic mushrooms are severe.

To give you an idea, if you have more than 399 grams of psilocybin, you might face fines of $50,000 or perhaps jail for 5 to 99 years.

Having said that, you are free to possess the mushroom spores.

Utah

In Utah, are magic mushrooms legal or decriminalized?

No!

Possession of psilocybin is a first-degree crime in Utha. These sorts of violations can result in severe penalties, including jail time.

In this state, psilocybin is classified on the same level as hard substances like cocaine and heroin.

However, mushroom spores are completely lawful in the great majority of states throughout the country.

Vermont

In Vermont, are magic mushrooms legal or decriminalized?

No!

In Vermont, psilocybin is prohibited. Using, selling, or distributing this substance can result in serious repercussions such as jail time or hundreds of dollars in fines.

Some Vermont politicians, however, are interested in legalizing its medicinal usage.

“In some cultures, peyote is used to cure mental and physical illnesses,” said Senator Brian Cina, “and the same could be said for psilocybin mushrooms and ayahuasca.”

Virgin Islands

In the Virgin Islands, are magic mushrooms lawful or decriminalized?

No!

Psilocybin is a prohibited drug in the Virgin Islands. However, because Schedule I of banned drugs is so important, its punishments are not considerably different from the federal level.

Possession of this medication can result in jail or hefty penalties.

Virginia

In Virginia, are magic mushrooms legal or decriminalized?

No!

If you are caught in Virginia for carrying hallucinogenic mushrooms, you will almost certainly want the services of an experienced attorney, as drug-related offenses are punishable in this state.

Fines or, worse, prison time may be imposed.

However, you may easily obtain magical mushroom spores.

Washington

In Washington, are magic mushrooms legal or decriminalized?

Yes, magic mushrooms are legal in Seattle, Washington, but they are still prohibited in the rest of the state.

In Washington, magic mushrooms are outlawed. This state, on the other hand, appears to be adopting a more liberal position on the subject.

This conclusion is based on the fact that Washington is home to an increasing number of psilocybin supporters who are advocating for different drug legislation reforms in order to legalize the chemical.

Washington, DC

In Washington, DC, are magic mushrooms legal or decriminalized?

Yes!

Washington, DC just become one of the few places in the United States where magic mushrooms (psilocybin) are legal.

The Entheogenic Plants and Mushrooms Act of 2020 was enacted by an overwhelming majority of over 76% of voters.

Another piece of positive news is that, in addition to psilocybin, the bill decriminalized ibogaine, dimethyltryptamine, and mescaline, indicating that Washington, DC is changing the legislation on these topics.

West Virginia

In West Virginia, are magic mushrooms legal or decriminalized?

No!

Psilocybin is a harmful drug under West Virginia Code 204.

Use or trade can result in harsh penalties such as thousands of dollars in fines or possibly jail.

However, you can lawfully acquire spores because they do not contain any illicit ingredients.

Wisconsin

In Wisconsin, are magic mushrooms legal or decriminalized?

No!

Wisconsin’s drug regulations are identical to those in the rest of the country. As a result, psilocybin is a prohibited drug. If you violate this legislation, you will face severe consequences such as jail time or hefty fines.

Spores, on the other hand, are lawful and hence permissible to acquire.

Wyoming

In Wyoming, are magic mushrooms legal or decriminalized?

No!

Although psilocybin is prohibited in Wyoming, possessing tiny amounts is not a serious offense.

If it is not, you will face harsh penalties such as jail or tens of thousands of dollars in fines.

Spores, on the other hand, are completely lawful because they do not contain psilocybin or any other prohibited chemicals.

Where Can You Get Magic Mushrooms Legally?

Magic mushrooms and their active compounds have previously been legalized or decriminalized in other nations.

Countries like Canada have even allowed its usage for medical purposes such as palliative care and existential distress. Where Can You Legally Buy Magic Mushrooms

Canada

In Canada, physicians can utilize psychedelic substances to assist research of future medicines.

Psilocybin can only be used if you have a mental or terminal disease, or if you suffer from sadness or anxiety. Click related post to read more Magic mushrooms legal canada

In Canada, you may discover a variety of internet businesses that operate in legal limbo.

The Netherlands

Psilocybin is legal in Amsterdam, although it is still banned in the rest of the Netherlands.

Magic mushrooms were prohibited in the Netherlands in 2008 and were substituted by truffles, which contain the same active ingredient, psilocybin.

In Amsterdam, truffles may be purchased at smart shops. Where Can You Legally Buy Magic Mushrooms

Portugal

Portugal was one of the world’s first countries to decriminalize all narcotics, including psilocybin mushrooms. Where Can You Legally Buy Magic Mushrooms

This move was implemented in 2000 in an attempt to combat the country’s growing drug issue. Leaders assembled a group of addiction specialists who advised dropping criminal penalties for drug possession and shifting funds to treatment programs and subsidies to help people find work while they recover.

As a result, drug addiction, HIV infection, and unemployment have all decreased significantly in Portugal. Since the reform, the per capita societal cost of drug abuse has decreased by more than 20%.

Spain

Personal use of any drugs, including hallucinogenic mushrooms, is lawful.

Growing psilocybin mushrooms for personal use is also authorized, but only for personal use.

The widespread production, distribution, and possession of psilocybin, or any other illegal substance, is a serious crime punishable by up to 20 years in prison. Where Can You Legally Buy Magic Mushrooms

The war on drugs has been going on for nearly a century and is hurting everyone involved. States waste resources fighting an invisible enemy in a war that can’t be won.

Fortunately, more and more parts of the world are slowly relaxing their drug policies, and some US cities have already taken the initial step. That said, there is still a long way to go.

We are optimistic about the future, but it appears full-scale decriminalization is at least a few years away.

Legalization of any psychedelic chemical (LSD, magic mushrooms, or DMT) in the United States is unlikely to occur in our lifetimes.