Are Magic Mushrooms Legal in North Dakota? 2 Things to Note

Magic mushrooms, also known as psilocybin mushrooms, are often connected with psychedelic experiences — but lately, they’ve been drawing attention for their possible therapeutic benefits in mental health treatment. Researchers are looking into psilocybin assisted therapy for conditions like depression, anxiety, and post traumatic stress disorder, and curiosity about psychedelic substances is growing across the U.S.

So, are magic mushrooms legal in North Dakota? Under current laws, psilocybin is classified as a controlled substance, making possession of psilocybin, cultivation, or personal use technically illegal. With strict psilocybin laws still in place, understanding the legal status is important for anyone curious about therapeutic purposes, medicinal use, or the broader movement toward psychedelic legalization.

Key Takeaways

• Magic mushrooms are illegal in North Dakota, with psilocybin classified as a Schedule I controlled substance under both state and federal law
• Possession, cultivation, or distribution can result in serious charges, including felonies, while spores remain legal only until used for cultivation
• There are no medical, religious, or therapeutic exemptions for psilocybin use in the state
• North Dakota has no active legislation or reform efforts aimed at decriminalization or medical access, unlike some other U.S. states
• Penalties range from misdemeanors for small amounts to felonies with potential prison time and significant fines for cultivation, trafficking, or intent to distribute
• A felony conviction can have long-term consequences, including a permanent criminal record that affects employment, housing, and education
  

What are Magic Mushrooms?

Magic mushrooms are a type of fungi that contain psilocybin and psilocin — two psychedelic substances known for altering mood, perception, and cognition. Often called psychedelic mushrooms, they’ve sparked growing interest among researchers for their potential therapeutic benefits, especially in mental health treatment for depression, anxiety, and post traumatic stress disorder.

While these mushrooms have a long history of use in different cultures for medicinal purposes and spiritual practices, today they’re still classified as a controlled substance under federal law.

Are Magic Mushrooms Legal in North Dakota?

No — magic mushrooms are not legal in North Dakota. Both psilocybin and psilocin are classified as Schedule I drugs under the Controlled Substances Act, which means federal law considers them to have a high potential for abuse and no accepted medical use. Under current laws, possession of psilocybin mushrooms, personal cultivation, or any attempt to grow them is treated as a criminal offense in the state.

There is one small gray area: psilocybin mushroom spores. Since spores don’t contain the active ingredient, they can be sold legally for research or educational purposes. But once those spores are used for psilocybin cultivation and begin producing psychedelic mushrooms, it becomes technically illegal under both state law and federal regulation.

Legalities Surrounding Magic Mushrooms in ND

North Dakota enforces some of the strictest drug laws in the country, and that includes psychedelic substances like psilocybin. The active ingredient in magic mushrooms is still classified as a Schedule I controlled substance, which means it’s considered to have no accepted medical use and a high potential for abuse.

As of now, psilocybin mushrooms are illegal for both recreational and medicinal use, and the state has not passed any form of decriminalization or therapeutic access.

Federal Law vs. State Law

While certain cities and states across the U.S. have started to experiment with decriminalization, pilot programs, or even limited therapeutic access, federal law continues to classify psilocybin as an illegal controlled substance.

North Dakota aligns closely with federal regulation — there’s no “lowest law enforcement priority” policy or local exemption like those seen in places such as San Francisco or Ann Arbor.

Current Legislation

At the moment, there is no active legislation or senate bill in North Dakota that would change the legal status of psilocybin mushrooms.

Unlike other states creating task forces or studying psychedelic legalization for therapeutic purposes, North Dakota has maintained a conservative stance on psilocybin laws and other psychedelics.

What Happens If You Use Magic Mushrooms in North Dakota?

In North Dakota, magic mushrooms aren’t just frowned upon — they’re treated as a serious controlled substance. That means using, possessing, or trying to grow psilocybin mushrooms can land you in real legal trouble. Here’s how the law plays out in everyday terms:

• Possession charges: Even having a small amount of psilocybin mushrooms can lead to criminal charges. Depending on the quantity, you could be facing either a misdemeanor or a felony, along with fines or jail time.
• Cultivation penalties: Growing psychedelic mushrooms — even if it starts with spores — is considered psilocybin cultivation, and that’s treated as a felony offense.
• Criminal record: A conviction doesn’t just end with the courtroom. It can follow you for years, making it harder to get a job, rent an apartment, or even qualify for certain opportunities.
• No medical defense: Even though research points to therapeutic benefits for mental health treatment, psilocybin assisted therapy isn’t recognized in North Dakota. You can’t use medical use or mental health conditions as a legal defense.
• Felony sentences: In more serious cases — like larger amounts or intent to distribute — charges can carry prison sentences of up to five years.
  

Are There Magic Mushroom Alternatives in ND?

Even though psilocybin is still illegal in North Dakota, there are safe and legal ways to have support for mental health and overall well being. Here are some of the options people turn to:

• Legal supplements: Certain plant-based nootropics and herbal remedies are widely available and may help with focus, mood, or cognitive support.
• Therapy and counseling: Licensed therapists can provide proven treatments for depression, anxiety, and other mental health conditions — no legal risks involved.
• Ketamine clinics: For those dealing with treatment resistant depression, ketamine therapy is a legal, medically supervised option that offers psychedelic-like effects in a controlled setting.
• Mindfulness practices: Meditation, breathwork, and other mind-body practices can improve mental health and personal growth without involving controlled substances.
• Scientific research: While psilocybin studies aren’t happening in North Dakota, you can follow or even participate in clinical research on psychedelic therapies being conducted elsewhere.
  

Final Thoughts

Psilocybin may be getting more attention in scientific research for its potential therapeutic benefits, but in North Dakota, magic mushrooms are still illegal. With no active legislation to decriminalize possession or allow medical use, the safest step right now is to stay cautious and informed.

If you’d like to follow the future of psychedelic therapies and keep up with changes in psilocybin laws, click here to stay updated.

Frequently Asked Questions

Can you be arrested for having mushroom spores in North Dakota?

Psilocybin mushroom spores themselves don’t contain psilocybin, which makes them technically legal to possess. However, if those spores are used for psilocybin cultivation and start producing magic mushrooms, it becomes a crime under state law. In that case, you could face felony charges for possession of psilocybin or manufacturing a controlled substance.

Is psilocybin being considered for future medical use in North Dakota?

At this time, there is no active legislation, senate bill, or task force in North Dakota focused on psilocybin assisted therapy or medical use. While scientific research in other states is studying therapeutic purposes like treatment resistant depression or post traumatic stress disorder, North Dakota has not moved toward legal access or reform.

Are any psychedelics legal in North Dakota for therapeutic purposes?

No. North Dakota does not allow the use of psilocybin mushrooms, LSD, MDMA, or other psychedelics for medicinal purposes. Psychedelic therapies remain illegal in the state, and there are no legal access programs or exemptions for mental health treatment.

What is the main difference between state and federal psilocybin laws?

Federal law classifies psilocybin as a Schedule I controlled substance under the Controlled Substances Act. North Dakota follows this classification closely, enforcing strict penalties for possession of psilocybin and related offenses. Unlike certain cities such as San Francisco or Ann Arbor that treat enforcement as the lowest law enforcement priority, North Dakota has no decriminalization measures in place.

Can I travel with magic mushrooms through North Dakota?

No. Transporting psilocybin mushrooms through North Dakota is illegal, even if they were obtained in a place where psychedelic mushrooms are decriminalized or legalized. Both state and federal law prohibit possession of psilocybin, and being caught with them while traveling can lead to serious criminal charges.