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Are magic mushrooms legal in the United States (federal law)?

Illegal

No. Psilocybin mushrooms are illegal in the United States (federal law), and possession is a criminal offence.

Psilocybin and psilocyn are Schedule I under 21 U.S.C. 812, and federal law applies nationwide regardless of state or city measures. First-offense simple possession carries up to 1 year; manufacturing or distributing carries up to 20 years. Executive Order 14401 of April 2026 orders faster review and possible rescheduling of psychedelic products that clear Phase 3 trials, but as of October 2026 no psilocybin product has been approved or rescheduled. Spore status should be checked against state law.

Last verified against primary sources:

What is and is not allowed

Possession
Simple possession without a prescription or registration is a federal offence under 21 U.S.C. 844(a).
Cultivation
The CSA defines 'production' to include planting, cultivation, growing or harvesting of a controlled substance (21 U.S.C. 802(22)), so growing psilocybin mushrooms is unlawful manufacture or production.
Sale and supply
Distribution or possession with intent to distribute a Schedule I substance is a felony under 21 U.S.C. 841.
Penalties
First-offense simple possession: up to 1 year and a minimum $1,000 fine (21 U.S.C. 844(a)). Distribution or manufacture of a Schedule I substance without a quantity threshold: up to 20 years (21 U.S.C. 841(b)(1)(C)).
Recent changes
Executive Order 14401 (18 April 2026) directs FDA and DEA to open a Right to Try pathway for psychedelics and the Attorney General to speed rescheduling review of Schedule I products that complete Phase 3 trials; psilocybin itself remains Schedule I. Compass Pathways (company claim, 5 Aug 2026) says its COMP360 NDA is under rolling submission with completion targeted for Q4 2026 and launch dependent on FDA approval and DEA rescheduling.

Governing law

Controlled Substances Act, 21 U.S.C. 812 Schedule I(c) items 15 (psilocybin) and 16 (psilocyn)

Check before you act. This page is a reference, not legal advice. Drug law changes, and local rules can differ from national ones. Prohibited, with criminal penalties for possession. Read the primary source below before relying on it.

Common questions

Is psilocybin legal federally in the US?

No. Psilocybin and psilocyn are Schedule I under 21 U.S.C. 812, and federal law applies even in states with legal programs.

Did the 2026 executive order legalise psilocybin?

No. Executive Order 14401 speeds review and possible rescheduling of specific approved products; psilocybin stays Schedule I until DEA acts.

What is the federal penalty for possession?

A first offense carries up to 1 year in prison and a minimum $1,000 fine under 21 U.S.C. 844(a).

Sources

  1. [1]21 U.S.C. 812, Schedules of controlled substances
  2. [2]21 U.S.C. 802 (definitions, 'production')
  3. [3]21 U.S.C. 841 (manufacture and distribution penalties)
  4. [4]21 U.S.C. 844 (simple possession)
  5. [5]Executive Order 14401, 91 FR 21709 (Federal Register full text)
  6. [6]Compass Pathways Q2 2026 results, SEC Form 8-K exhibit (vendor claim)

Other places in North America

All jurisdictions