Are Magic Mushrooms Legal?

Maine Magic Mushrooms is dedicated to bringing you the latest information on mushroom cultivation. With that in mind, however, we also want to help you to make sure that whatever variety of mushrooms you intend to grow is legal in your jurisdiction.

As a general rule, any mushroom that produces psilocybin is likely illegal in the jurisdiction you’re in, with very few exceptions. Other edible varieties of mushrooms are safe, easy, and most importantly 100% legal to grow!

As of September 2024, psilocybin mushrooms remain illegal under United States federal law, classified as a Schedule I controlled substance. Psilocybin is deemed to have a high potential for abuse and no accepted medical use, according to the Drug Enforcement Administration (DEA). This classification restricts its use, possession, sale, and cultivation nationwide.

Under current Maine law, the possession, sale, and cultivation of psilocybin mushrooms are classified as illegal. However, recent legislative developments indicate a shifting attitude towards these substances.

According to a report from Marijuana Moment, the Maine Senate has passed a bill to establish a commission tasked with studying and making recommendations on regulating access to psychedelic services, including psilocybin. The bill aims to create a legal framework for the therapeutic use of psychedelic drugs and explore pathways for implementing regulated access programs. The commission would consist of legislative appointees, health experts, veterans, academics, and individuals with experience in psychedelics policy.

The legislative initiative reflects a growing recognition among policymakers of the potential benefits of psilocybin in treating various mental health conditions. Research has shown promising results in using psilocybin-assisted therapy to alleviate symptoms of depression, anxiety, PTSD, and addiction. Studies have demonstrated the efficacy of psilocybin in facilitating profound psychological experiences that can lead to long-term positive changes in mood, behavior, and outlook on life.

Despite the legal hurdles, advocates argue for the therapeutic potential of psilocybin, citing evidence of its efficacy in clinical trials. The establishment of a commission in Maine represents a significant step towards exploring the potential benefits of psilocybin and other psychedelics for medical and therapeutic purposes.

While magic mushrooms, specifically psilocybin mushrooms, remain illegal for recreational use in Maine, it’s important to note that many other edible or therapeutic fungi native to Maine are legal and widely recognized for their health benefits. Varieties such as chanterelles, bear’s head tooth, turkey tail, and others are enjoyed for their culinary uses and medicinal properties in alternative medicine practices.

Legislative efforts to explore regulated access to psychedelics reflect a broader trend towards alternative treatments for mental health disorders. As research continues to uncover the benefits of psilocybin therapy, it is essential to prioritize evidence-based approaches and responsible regulation to ensure safe and equitable access to these potentially transformative treatments.

Legal Status of Psilocybin Mushrooms by State

  • Alabama: It is illegal to buy magic mushrooms, both in person and on the internet.
  • Alaska: It is illegal to buy magic mushrooms, both in person and on the internet.
  • Arizona: It is illegal to buy magic mushrooms, both in person and on the internet.
  • Arkansas: It is illegal to buy magic mushrooms, both in person and on the internet.
  • California: Magic mushrooms are decriminalized in San Francisco, Santa Cruz, Berkley, and Oakland.  In other California cities, magic mushrooms are still illegal.
  • Colorado: Magic mushrooms have been decriminalized in Colorado.
  • Connecticut: It is illegal to buy magic mushrooms, both in person and on the internet.
  • Delaware: It is illegal to buy magic mushrooms, both in person and on the internet.
  • Florida: It is illegal to buy magic mushrooms, both in person and on the internet.
  • Georgia: It is illegal to buy magic mushrooms, both in person and on the internet. You may also not purchase spores, even for microscopy purposes.
  • Hawaii: It is illegal to buy magic mushrooms, both in person and on the internet.
  • Idaho:  It is illegal to buy magic mushrooms, both in person and on the internet. You may also not purchase spores, even for microscopy purposes.
  • Illinois: It is illegal to buy magic mushrooms, both in person and on the internet.
  • Indiana: It is illegal to buy magic mushrooms, both in person and on the internet.
  • Iowa: It is illegal to buy magic mushrooms, both in person and on the internet.
  • Kansas: It is illegal to buy magic mushrooms, both in person and on the internet.
  • Kentucky: It is illegal to buy magic mushrooms, both in person and on the internet..
  • Louisiana: It is illegal to buy magic mushrooms, both in person and on the internet.
  • Maine: Magic mushrooms and other psychedelic plants are decriminalized in Portland. In other Maine cities, magic mushrooms are still illegal, though there is legislation currently pending.
  • Maryland: It is illegal to buy magic mushrooms, both in person and on the internet.
  • Massachusetts: Magic mushrooms are decriminalized in Cambridge, Northampton, Somerville, and Easthampton. In other Massachusetts cities, magic mushrooms are still illegal.
  • Michigan: Magic mushrooms are decriminalized in Detroit, Grand Rapids, and Ann Arbor. In other Michigan cities, magic mushrooms are still illegal.
  • Minnesota:  It is illegal to buy magic mushrooms, both in person and on the internet.
  • Mississippi:  It is illegal to buy magic mushrooms, both in person and on the internet.
  • Missouri:  It is illegal to buy magic mushrooms, both in person and on the internet.
  • Montana:  It is illegal to buy magic mushrooms, both in person and on the internet.
  • Nebraska:  It is illegal to buy magic mushrooms, both in person and on the internet.
  • Nevada:  It is illegal to buy magic mushrooms, both in person and on the internet.
  • New Hampshire:  It is illegal to buy magic mushrooms, both in person and on the internet.
  • New Jersey:  It is illegal to buy magic mushrooms, both in person and on the internet.
  • New Mexico:  It is illegal to buy magic mushrooms, both in person and on the internet.
  • New York:  It is illegal to buy magic mushrooms, both in person and on the internet.
  • North Carolina:  It is illegal to buy magic mushrooms, both in person and on the internet.
  • North Dakota:  It is illegal to buy magic mushrooms, both in person and on the internet.
  • Ohio:  It is illegal to buy magic mushrooms, both in person and on the internet.
  • Oklahoma:  It is illegal to buy magic mushrooms, both in person and on the internet.
  • Oregon: Magic mushrooms are legal in Oregon since 2020, for recreational use.
  • Pennsylvania:  It is illegal to buy magic mushrooms, both in person and on the internet.
  • Rhode Island:  It is illegal to buy magic mushrooms, both in person and on the internet.
  • South Carolina:  It is illegal to buy magic mushrooms, both in person and on the internet.
  • South Dakota:  It is illegal to buy magic mushrooms, both in person and on the internet.
  • Tennessee:  It is illegal to buy magic mushrooms, both in person and on the internet.
  • Texas:  It is illegal to buy magic mushrooms, both in person and on the internet.
  • Utah:  It is illegal to buy magic mushrooms, both in person and on the internet.
  • Vermont:  It is illegal to buy magic mushrooms, both in person and on the internet.
  • Virginia:  It is illegal to buy magic mushrooms, both in person and on the internet.
  • Washington:  It is illegal to buy magic mushrooms, both in person and on the internet.
  • West Virginia:  It is illegal to buy magic mushrooms, both in person and on the internet.
  • Wisconsin:  It is illegal to buy magic mushrooms, both in person and on the internet.
  • Wyoming:  It is illegal to buy magic mushrooms, both in person and on the internet.

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