Are Magic Mushrooms Legal in Alabama? Psilocybin Laws (2026)

No, psilocybin is not legal in Alabama. The state lists psilocybin and psilocyn by name in its statutory Schedule I (Ala. Code 20-2-23(b)(3)), and the listing reaches any material that contains any quantity of either compound, so possessing them is a Class D felony and selling or distributing them is a Class B felony. Alabama has no decriminalization law, therapy program or FDA trigger law that changes this for anyone. For other states, see our guide to psilocybin mushroom laws by state.

Information last verified on 2026-10-11. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Alabama state law on psilocybin and psilocyn: the Schedule I listing in Ala. Code 20-2-23, the State Board of Health's Controlled Substances List (Ala. Admin. Code r. 420-7-2-A), the drug offenses and sentencing ranges in Title 13A, the research and federal-adoption provisions in Title 20, with one paragraph on federal law. It does not cover city or county rules, religious-use claims, employer drug-testing policies, military rules or other states' laws.

Are magic mushrooms legal in Alabama?

No. Section 20-2-23 of the Code of Alabama lists psilocybin and psilocyn among the hallucinogenic substances in Schedule I:

"(3) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation: ... o. Psilocybin; p. Psilocyn;"

The entry reaches "any material, compound, mixture or preparation which contains any quantity" of either compound. It sets no weight threshold. Section 20-2-2(4) defines a controlled substance as "A drug, substance, or immediate precursor in Schedules I through V of Article 2 of this chapter," and that definition applies across the chapter, so the Schedule I entries bring psilocybin and psilocyn under Alabama's drug offenses.

The State Board of Health's Controlled Substances List, Ala. Admin. Code r. 420-7-2-A, repeats the entries ("29. Psilocybin 30. Psilocyn"). Its current appendix was adopted on January 16, 2025, with amendments through September 17, 2026. The history line of 20-2-23 ends with Act 2021-325; no later act has amended it.

Mushrooms and spores

Alabama's schedule names the compounds, not the fungus. Section 20-2-23 and the Board's list do not use the words "mushroom" or "spore." The statute's wording turns on whether a material contains psilocybin or psilocyn. Alabama's code does not address spores by name, and this page states no rule on them.

Who decides what goes in Schedule I

The State Board of Health places substances in Schedule I under Ala. Code 20-2-22, which provides: "The State Board of Health shall place a substance in Schedule I if it finds that the substance: (1) Has high potential for abuse; and (2) Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision." Psilocybin and psilocyn also appear in the statute itself, so their status does not rest on the Board's list alone.

Penalties for psilocybin in Alabama

For psilocybin, Alabama grades the offense by conduct, not by weight. Section 13A-12-212(a)(1) makes it a crime when a person, "Except as otherwise authorized, ... possesses a controlled substance enumerated in Schedules I through V," and 13A-12-212(b) provides: "Unlawful possession of a controlled substance is a Class D felony." Section 13A-12-211(a) covers a person who "sells, furnishes, gives away, delivers, or distributes" such a substance, and 13A-12-211(b) makes that a Class B felony. Section 13A-12-217 makes it a Class B felony to manufacture "a controlled substance enumerated in Schedules I to V, inclusive." Under Ala. Code 20-2-2, manufacture includes production, and production includes "planting, cultivation, growing, or harvesting" of a controlled substance. If two or more of the conditions listed in Ala. Code 13A-12-218 occur with the violation (for example possession of a firearm, or a person under 17 present during the manufacturing process), it is manufacture in the first degree, a Class A felony.

The prison ranges come from Ala. Code 13A-5-6(a) and the fine caps from 13A-5-11(a).

Ala. Code 13A-12-281 adds a mandatory assessment of $1,000 for a first conviction under 13A-12-211, -212 or -215 and $2,000 for a later one, on top of any fine.

Section 13A-12-215 provides that an offender over 18 who sells, furnishes or gives a Schedule I through V substance to a person under 18 "shall be guilty of a Class A felony," and that "The imposition or execution of sentence shall not be suspended and probation shall not be granted."

Section 13A-12-211 also contains a possession-with-intent-to-distribute offense, but it is limited to listed substances and quantities (cocaine, opiates including fentanyl, MDA and related amphetamines, and methamphetamine); psilocybin is not on that list. Alabama's trafficking statute, Ala. Code 13A-12-231, sets weight- or count-based mandatory minimums for listed drugs, including cannabis, cocaine, opiates, methaqualone, hydromorphone, MDA, PCP, LSD, amphetamine, methamphetamine, synthetic controlled substances and fentanyl. None of its clauses names psilocybin, which sits in the hallucinogen paragraph of Schedule I rather than the synthetic-substance paragraph, and no mandatory minimum applies to simple possession or ordinary distribution of psilocybin.

Sales near schools and public housing

Two add-on penalties apply to a sale, not to possession alone. Ala. Code 13A-12-250 imposes, "In addition to any penalties heretofore or hereafter provided by law for any person convicted of an unlawful sale of a controlled substance," a penalty of "five years incarceration in a state corrections facility with no provision for probation" when the sale took place "on the campus or within a three-mile radius of the campus boundaries of any public or private school, college, university or other educational institution in this state." Section 13A-12-270 adds the same five years for a sale within three miles of a public housing project.

Prior felony convictions

Alabama's habitual offender statute raises a Class D felony, such as psilocybin possession, to Class C punishment for some repeat offenders. Under Ala. Code 13A-5-9(d) and (e), a defendant previously convicted of two or more Class A or Class B felonies, or of any three or more felonies, who then commits a Class D felony "must be punished for a Class C felony." A Class C felony carries 1 year and 1 day to 10 years and a fine of up to $15,000 (13A-5-6(a)(3); 13A-5-11(a)(3)). For a Class B felony such as sale or manufacture, one prior Class A, B or C felony means Class A punishment, and two or more priors raise the minimum to 15 or 20 years (13A-5-9(a)-(c)). Act 2026-496 (HB 226), effective October 1, 2026, amended 13A-5-9 so that out-of-state convictions count and pleas of nolo contendere, no contest, best interest and Alford pleas are treated as guilty-plea convictions unless expunged.

Overdose immunity is limited

Alabama's Good Samaritan provision, Ala. Code 20-2-281(b), provides that, "Excluding Section 32-5A-191, an individual may not be prosecuted for a misdemeanor controlled substance offense if law enforcement became aware of the offense solely because the individual was seeking medical assistance for another individual under this article." The section also requires good faith, use of one's own name and staying with the person until help arrives. By its terms it covers misdemeanors; possession of psilocybin is a Class D felony.

Programs, research and reform in Alabama

Alabama has no psilocybin therapy program, no psilocybin research act and no decriminalization law. No act passed in the 2025 or 2026 regular sessions decriminalizes psilocybin, creates a research or therapy program, or ties psilocybin's status to FDA approval or federal rescheduling.

Alabama's code provides a research route for practitioners who hold a federal registration. Ala. Code 20-2-52(c) provides: "Practitioners registered under federal law to conduct research with Schedule I substances may conduct research with Schedule I substances within this state upon furnishing the State Board of Health evidence of that federal registration." That provision covers registered researchers; it does not change the possession and sale offenses for anyone else.

Alabama also has a general rule for following federal scheduling changes. Ala. Code 20-2-20(c) provides that when a substance is designated, rescheduled or deleted under federal law and notice is given to the State Board of Health, the Board "shall similarly control the substance under this chapter after the expiration of 30 days from publication in the federal register of a final order," unless the Board objects within that 30-day period. Psilocybin's Schedule I status is written into 20-2-23 itself as well as into the Board's list.

Federal psilocybin law

Federal law lists psilocybin and psilocyn in Schedule I (21 CFR 1308.11(d), eCFR version of October 6, 2026), reaching any material, compound, mixture or preparation that contains any quantity of them, and simple possession of a controlled substance is a federal misdemeanor under 21 U.S.C. 844(a), with up to 1 year of imprisonment and a minimum $1,000 fine for a first offense. No DEA or HHS proposal to move psilocybin out of Schedule I has appeared in the Federal Register as of October 11, 2026. Executive Order 14401 (April 18, 2026) directs FDA to give national priority vouchers to psychedelic drugs with Breakthrough Therapy designation, directs FDA and DEA to establish a Right to Try pathway, and directs the Attorney General to review rescheduling of Schedule I products that complete Phase 3 trials, but it does not reschedule psilocybin. FDA has granted Breakthrough Therapy designations and, in April 2026, national priority vouchers to psilocybin development programs, and says neither is a determination of safety or effectiveness. Federal law still lists psilocybin in Schedule I in every state, Alabama included. Our psilocybin mushroom laws by state hub covers the federal layer in more detail.

Driving and criminal records

Ala. Code 32-5A-191(a) makes it a crime to drive or be in actual physical control of a vehicle while "Under the influence of a controlled substance to a degree which renders him or her incapable of safely driving" (a)(3), or "Under the influence of any substance which impairs the mental or physical faculties of such person to a degree which renders him or her incapable of safely driving" (a)(5). Both clauses require impairment to that degree; subsection (a) has no per se clause that turns on a detectable amount of a drug. Our guide to Alabama DUI laws covers penalties. A psilocybin possession or sale conviction is a felony record; whether it can later be cleared is covered in our guide to Alabama expungement laws.

Related

• Psilocybin mushroom laws by state
• Alabama DUI laws
• Alabama expungement laws
• Alabama kratom laws

This article provides general legal information about Alabama state law as of October 11, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Alabama.

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in Alabama?

No. Ala. Code 20-2-23(b)(3) lists psilocybin and psilocyn in Schedule I, covering any material, compound, mixture or preparation that contains any quantity of them. Possession is a Class D felony and sale or distribution is a Class B felony.

Is possession of psilocybin a felony in Alabama?

Yes. Under Ala. Code 13A-12-212, possessing a Schedule I substance is a Class D felony, punishable by 1 year and 1 day to 5 years in prison and a fine of up to $7,500, whatever the amount.

What is the penalty for selling psilocybin in Alabama?

Sale or distribution is a Class B felony under Ala. Code 13A-12-211 (2 to 20 years; fine up to $30,000). Selling to a person under 18 is a Class A felony when the seller is over 18, and sales near schools or public housing add five years.

Has Alabama decriminalized psilocybin?

No. No act passed in Alabama's 2025 or 2026 regular sessions decriminalizes psilocybin or creates a psilocybin therapy or research program, and the Schedule I entries in Ala. Code 20-2-23 remain in place.

Are psilocybin mushroom spores legal in Alabama?

Alabama's Schedule I statute names the compounds psilocybin and psilocyn and does not mention spores or mushrooms by name. This page states no rule on spores; for a specific situation, contact a lawyer licensed in Alabama.

Does Alabama's Good Samaritan law cover psilocybin possession?

By its terms, Ala. Code 20-2-281 protects a person who seeks medical help for someone else only from prosecution for a misdemeanor controlled substance offense. Possession of psilocybin is a Class D felony.

Is psilocybin legal federally?

No. Psilocybin and psilocyn are federal Schedule I substances (21 CFR 1308.11(d)), and simple possession is a federal misdemeanor under 21 U.S.C. 844(a), as of October 2026.