Are Magic Mushrooms Legal in California? 2 Important Notes

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Magic mushrooms — best known for containing psychedelic substances like psilocybin and producing hallucinogenic effects — are getting plenty of attention in California these days. It’s not just curious users taking notice; lawmakers, mental health advocates, and researchers are also part of the conversation.

In certain cities, like Oakland and Santa Cruz, local measures have decriminalized psilocybin for personal use. But the bigger picture is more complicated — the legal status of psychedelic mushrooms still varies across the Golden State, and state law doesn’t always align with federal law.

For California residents interested in personal possession, medicinal use, or learning therapeutic benefits, understanding the current legal status means navigating a mix of state rules, federal regulations, and local policies.

Key Takeaways

  • Psilocybin mushrooms are illegal under both California and federal law, classified as Schedule I controlled substances.
  • Certain cities like Oakland, San Francisco, and Santa Cruz have decriminalized personal use and possession, but this does not make them legal.
  • Possession penalties range from misdemeanors with up to 1 year in jail to felonies with prison time for intent to sell or large quantities.
  • Mushroom spores are legal to own for research but illegal to cultivate into psilocybin mushrooms.
  • Federal charges can apply for interstate transport, mailing, or use on federal land.
  • Bills like Senate Bill 58 aim to decriminalize psilocybin for personal and medicinal use, but have not yet passed into law.
  • Legal alternatives include ketamine therapy, certain religious ayahuasca use, CBD products, and non-psychedelic nootropics.
  • Decriminalization efforts are growing, but staying informed is essential for avoiding legal risks and finding safe, lawful options.

Are Magic Mushrooms Legal in California?

Not exactly. Magic mushrooms might be getting attention in California, but psilocybin — the compound that makes them psychedelic — is still a Schedule I controlled substance under both federal and California law. In plain terms, that means they’re considered illegal across the state.

That said, a few cities like Oakland, San Francisco, and Santa Cruz have decriminalized personal possession, so local police generally treat it as a low priority. But decriminalized doesn’t mean you have a free pass — selling, sharing, or having more than a small personal amount can still land you with criminal charges, possible jail time, and big fines.

Outside those few cities, the rules around psychedelic mushrooms in California are still pretty strict.

Laws Surrounding Magic Mushrooms in CA

Are Magic Mushrooms Legal in California – Laws surrounding psilocybin mushrooms in CA, showing legal restrictions and Schedule I status.

Magic mushrooms, which contain the psychedelic compound psilocybin, are still illegal under both federal law and California law. They’re listed as Schedule I controlled substances — in the same category as other illegal drugs the federal government says have no accepted medical use.

State Law

Under California’s Health and Safety Code §§11390–11391, having, selling, or growing psilocybin mushrooms can land you with criminal charges. The penalties depend on the details — but they can range from county jail time and community service to large fines or even a stretch in state prison.

Psilocybin is also covered by the federal Controlled Substances Act. And while interest in its therapeutic uses is growing, the federal government still classifies it as having no recognized medical value — especially when you’re talking about selling it or possessing large amounts.

What Lawmakers Are Doing

Bills like Senate Bill 58 are pushing to decriminalize certain substances — including psilocybin — for personal and medicinal use. While it’s not law yet, even Governor Newsom has noted the potential benefits for mental health treatment.

Outside of cities that have eased enforcement, people can still face criminal charges for psilocybin. There are possible legal defenses, like claiming religious use or challenging an unlawful search, but these aren’t guaranteed to work. If you’re involved in a psilocybin-related case, getting legal advice is always a smart move.

Psilocybin mushroom spores are a bit of a legal loophole in California. They’re legal to buy and own since they don’t contain psilocybin, and they can be sold for research purposes. But once you grow them into mushrooms, it becomes illegal under both state and federal law.

Consequences of Psilocybin Mushroom Possession and Consumption in CA

Even in cities like Oakland and Santa Cruz, where personal possession is decriminalized, psilocybin mushrooms are still illegal under both federal and California law. In practice, that can mean:

  • Misdemeanor for simple possession – Up to 1 year in county jail, fines up to $1,000, and probation for small personal-use amounts.
  • Felony for intent to sell – Larger quantities or evidence of distribution can lead to state prison, large fines, and a permanent criminal record under the Health and Safety Code.
  • Diversion for first-time offenders – Under Penal Code §1000, some may qualify for counseling and community service instead of jail.
  • Probation and community service – Often given for repeat offenses or alongside diversion.
  • Long-term consequences – Convictions can impact jobs, licensing, and access to public services, even for medicinal purposes.
  • Federal enforcement – Possible if mushrooms are mailed, transported across state lines, or used on federal land.
  • Enhanced penalties near schools or with minors – Longer jail terms and higher fines apply.

Legal Alternatives to Magic Mushrooms in California

While psilocybin mushrooms remain illegal in most of California, some legal or semi-legal options may offer similar therapeutic or psychoactive potential. Availability and legality vary, but these alternatives are generally easier for California residents to access:

  • Psilocybin mushroom spores – Legal to buy and own for research or microscopy, but growing them into mushrooms is illegal under state and federal law.
  • Ketamine therapy – FDA-approved and available in licensed California clinics, used under medical supervision for depression, PTSD, and other conditions.
  • Ayahuasca (with caution) – Contains DMT, a Schedule I substance. Legal only for certain religious groups with exemptions; otherwise, possession carries legal risk.
  • 5-MeO-DMT (toad venom) – Federally illegal; some synthetic forms may exist in legal gray areas, but therapeutic or spiritual use is still legally risky.
  • Psychedelic retreats abroad – Countries like Mexico, Costa Rica, and parts of South America allow psilocybin and other psychedelics in certain settings.
  • CBD and low-THC cannabis – Fully legal for adults in California; not psychedelic, but often used for relaxation and mental wellness.
  • Microdosing legal nootropics – Options like lion’s mane mushroom and L-theanine are legal and may support mood and focus without hallucinogenic effects.

Final Thoughts

Are Magic Mushrooms Legal in California – Final thoughts on psilocybin laws, risks, and mental health considerations under state and federal law

Even though cities like Oakland and Santa Cruz have eased penalties, magic mushrooms are still illegal under both California and federal law. If you’re considering them for potential mental health benefits, it’s important to know the rules—and the risks.

There are legal alternatives that can offer similar wellness benefits without the uncertainty of gray areas. As laws shift and the conversation around psychedelics grows, staying informed helps you make safe, thoughtful choices.

Understand legal psychedelic and wellness options in California to see what’s available now and find what aligns with your goals.

Frequently Asked Questions

Can you grow magic mushrooms at home in California?

No. Growing psilocybin mushrooms is illegal, even for personal use. Spores can be bought for research, but cultivating them is considered manufacturing a controlled substance and can lead to felony charges.

Is medical psilocybin therapy available in California?

Not yet. While some clinical trials offer access under strict rules, psilocybin therapy isn’t part of any approved medical program.

Can you be arrested for having magic mushrooms in a decriminalized city?

Yes, but it’s unlikely. Cities like Oakland and San Francisco have deprioritized enforcement, but psilocybin is still illegal under state and federal law. Arrests can still happen, especially outside those cities or in distribution cases.

Are there age restrictions for psilocybin possession in California?

Yes. Decriminalization measures generally apply only to adults 18 and older. Minors caught with psilocybin may face legal or school-related consequences.

Is it legal to purchase magic mushrooms online in California?

No. Buying psilocybin mushrooms online is illegal and can lead to serious charges, including federal drug trafficking. Shipments may be intercepted.

Are there licensed therapists offering psilocybin therapy in California?

Not legally. Licensed therapists can’t provide psilocybin-assisted therapy outside of clinical trials, though some offer integration support without supplying psilocybin.

Will psilocybin ever become fully legal in California?

Possibly. Bills like Senate Bill 58 show growing interest, but full legalization would require future legislation or voter approval.

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