Mushroom Legalization: What Is Legal Where

Quick answer: Functional mushrooms are legal everywhere in the United States. Amanita mushrooms containing muscimol are legal under federal law but restricted in some places. Psilocybin mushrooms are illegal under federal law, though some states and cities have decriminalized them or created legal programs.

Last reviewed: October 3, 2026. This page is for education only and is not legal advice. Laws change often, so check your state and local rules before you buy, grow or use any mushroom.

Functional Mushrooms: Legal in Every State

Functional (medicinal) mushrooms are legal to buy, sell and use throughout the United States. They are sold as dietary supplements, foods and beverages, and none of them is a controlled substance. They are not psychoactive.

Common examples include:

• Reishi
• Lion's mane
• Chaga
• Cordyceps
• Turkey tail
• Shiitake
• Maitake
• Tremella

Legal does not mean all products are equal. Quality varies widely, which is why we wrote the MushroomMD Medical Grade Standard.

Amanita Mushrooms (Muscimol): Legal in Most Places, Restricted in Some

Amanita muscaria, the red-and-white "fly agaric," contains muscimol and ibotenic acid. These compounds are not on the federal controlled substances schedule, so the mushroom itself is not federally illegal. The picture is more complicated than that:

• The FDA does not allow it in food or supplements. The agency has warned that muscimol and ibotenic acid are not approved food ingredients, which affects gummies, drinks and other edibles.
• Some states and cities restrict it. Louisiana prohibits growing, selling or possessing Amanita muscaria for human consumption. Other states and local governments have been considering their own limits, so rules vary by location.
• Effects are unpredictable. Amanita can cause nausea, confusion and drowsiness, and it is not the same as psilocybin.

If you are considering amanita products, look up your state and city rules first.

Psilocybin Mushrooms: Illegal Federally, Changing Locally

Psilocybin and psilocin, the compounds in "magic mushrooms," are Schedule I controlled substances under federal law. That means the federal government classifies them as having no accepted medical use and a high potential for abuse. Possessing, growing or selling them remains a federal crime. Researchers are studying psilocybin for conditions such as depression, and clinical trials continue.

State and local governments have taken different paths. Two terms get mixed up:

• Decriminalization reduces or removes penalties for personal possession, often by making enforcement a low priority. It does not make psilocybin legal to sell.
• Regulated programs create a legal, licensed way to receive psilocybin under supervision.

States with Legal Programs

• Oregon: Adults 21 and older can receive psilocybin at licensed service centers with a trained facilitator. Voters approved the program in 2020.
• Colorado: Voters approved the Natural Medicine Health Act in 2022. It allows licensed healing centers and protects certain personal use by adults 21 and older. Retail sales remain prohibited.
• New Mexico: The Medical Psilocybin Act, signed in 2025, sets up a supervised medical program that is still being built out.

Cities That Have Decriminalized

Local governments including Denver, Oakland, Santa Cruz, Arcata, Seattle, Port Townsend, Ann Arbor, Detroit, Cambridge, Somerville, Northampton, Easthampton and Washington, DC have made psilocybin possession a low enforcement priority. Details differ by place, and federal law still applies.

Denver: The First City to Decriminalize

In May 2019, Denver voters approved Initiative 301 and made Denver the first US city to decriminalize psilocybin mushrooms. The measure made adult personal possession the city's lowest law enforcement priority. It did not legalize sales, and state and federal law still applied. Dr. Michele Ross, MushroomMD's founder, co-founded the movement behind it. Other cities followed, and Colorado voters later approved a statewide program in 2022.

Groups Working to Decriminalize Psilocybin

Decriminalize Nature is a grassroots movement that helps communities decriminalize natural psychedelics, including psilocybin mushrooms. MushroomMD does not endorse any group, and listing one is not a recommendation to break the law.

• Decriminalize Nature

Upcoming Mushroom Conferences

Researchers, clinicians and policy experts share the latest on psychedelic medicine and medicinal mushrooms at conferences and festivals. See upcoming mushroom conferences.

Frequently Asked Questions

Are functional mushrooms legal in all 50 states?

Yes. Reishi, lion's mane, chaga, cordyceps, turkey tail and similar mushrooms are legal and sold as supplements and foods nationwide.

Is amanita legal?

It is not federally controlled, but the FDA does not allow it in food or supplements, and some places restrict it. Check your local laws.

Are magic mushrooms legal anywhere in the US?

Not under federal law. Oregon, Colorado and New Mexico have state programs, and some cities have decriminalized possession, but psilocybin is still Schedule I federally.