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

Magic mushrooms are illegal in Arkansas: psilocybin and psilocyn are Schedule I hallucinogenic substances in the Arkansas Department of Health's Controlled Substances List, and possessing them is a felony under Ark. Code Ann. 5-64-419, a Class D felony for under 2 grams. Arkansas has no psilocybin therapy program, research program or decriminalization 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 Arkansas state law on psilocybin and psilocyn: the Department of Health's Controlled Substances List (Schedule I), the Secretary of Health's scheduling power and federal-adoption rule (Ark. Code Ann. 5-64-201), the definitions in 5-64-101, the possession, delivery, manufacture and trafficking statutes (5-64-419, 5-64-424, 5-64-426, 5-64-427, 5-64-440), the enhancements for delivery to a minor and for repeat drug offenses (5-64-406, 5-64-408), the location enhancement (5-64-411), sentencing ranges and release eligibility (5-4-201, 5-4-401, 5-4-501, 16-93-1802, 16-93-1803), overdose immunity (20-13-1704) and the driving-while-intoxicated definitions (5-65-102, 5-65-103), with one paragraph on federal law. It does not cover city or county measures, employer or school policies, military rules or other states' laws.

Are magic mushrooms legal in Arkansas?

No. Schedule I of the Arkansas Controlled Substances List includes a paragraph of hallucinogenic substances, and psilocybin and psilocyn are items (28) and (29):

"(d) Hallucinogenic substances: Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substance, or which contains any of its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: ... (28) Psilocybin ... (29) Psilocyn"

The two entries carry DEA codes 7437 and 7438 and an asterisk that the list's legend uses for substances scheduled before April 1979. The list sits in the Code of Arkansas Rules, which the Secretary of State publishes, and its Schedule I carries entries dated as late as June 2025.

The list names the two compounds, not mushrooms. It contains no "mushroom" or "spore" wording. Because the paragraph reaches "any material, compound, mixture, or preparation, which contains any quantity" of psilocybin or psilocyn, the listing is not limited to extracted compounds, and the schedule sets no minimum amount.

A health department rule backed by statute

The schedule is a Department of Health rule. Ark. Code Ann. 5-64-201(a)(1)(A) gives the scheduling power to the Secretary of the Department of Health:

"The Secretary of the Department of Health shall administer this chapter and may add a substance to or delete or reschedule any substance enumerated in a schedule under the procedures of the Arkansas Administrative Procedure Act, 25-15-201 et seq."

The penalties come from statutes passed by the General Assembly, which apply to any substance the schedule lists.

Penalties for psilocybin in Arkansas

Arkansas grades drug offenses by schedule, conduct and weight. Psilocybin and psilocyn fall in the bands for "a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine." Act 887 of 2021 added fentanyl and heroin to that exclusion and left the weight bands as they were. Ark. Code Ann. 5-64-419(b)(2), as printed in Act 887, reads:

"A Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine with an aggregate weight, including an adulterant or diluent, of: (A) Less than two grams (2g) upon conviction is guilty of a Class D felony; (B) Two grams (2g) or more but less than twenty-eight grams (28g) upon conviction is guilty of a Class C felony; or (C) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class B felony;"

The weight the bands count is "aggregate weight, including an adulterant or diluent." As written, that is the weight of the whole material, not the amount of psilocybin or psilocyn in it.

Delivery is a separate offense under 5-64-426, and possession with the purpose to deliver under 5-64-424 uses the same weight bands as delivery. Under 5-64-101(6), "deliver" means "the actual, constructive, or attempted transfer from one (1) person to another of a controlled substance or counterfeit substance in exchange for money or anything of value, whether or not there is an agency relationship." At 200 grams or more, 5-64-440 treats possession, possession with the purpose to deliver, delivery or manufacture as trafficking, and provides: "Trafficking a controlled substance is a Class Y felony." Act 584 of 2023 re-enacted that sentence and added a separate rule for fentanyl only. Under Act 659 of 2023, trafficking is also a restricted release felony: a person who commits it on or after January 1, 2025 is not eligible for release before serving at least 85 percent of the prison term imposed (Ark. Code Ann. 16-93-1802, 16-93-1803).

The ranges in the table come from Ark. Code Ann. 5-4-401(a), which provides that for a Class Y felony "the sentence shall be not less than ten (10) years and not more than forty (40) years, or life," for a Class A felony "not less than six (6) years nor more than thirty (30) years," for a Class B felony "not less than five (5) years nor more than twenty (20) years," for a Class C felony "not less than three (3) years nor more than ten (10) years," and for a Class D felony that the sentence "shall not exceed six (6) years." The fines come from 5-4-201(a): not exceeding $15,000 for a Class A or Class B felony and not exceeding $10,000 for a Class C or Class D felony. Section 5-4-201(a) lists no fine for a Class Y felony; separately, 5-4-201(d) allows a fine of up to twice the amount of any pecuniary gain a defendant derived from the offense.

Under Ark. Code Ann. 5-64-406, an adult who delivers a Schedule I substance to a person under 18 who is at least three years younger faces up to twice the prison term otherwise authorized.

Dosage-unit bands for hallucinogenic drugs

The delivery and purpose-to-deliver statutes also contain bands counted in dosage units for "any other Schedule I or Schedule II depressant or hallucinogenic drug." Section 5-64-426(c) makes it a Class B felony to deliver "Eighty (80) or more but less than one hundred sixty (160) dosage units but not more than two hundred grams (200g)" of such a drug, and a Class A felony to deliver "One hundred sixty (160) dosage units or more regardless of weight but less than two hundred grams (200g)." Section 5-64-424(b) has matching bands for possession with the purpose to deliver.

How these bands apply to mushrooms is an open question. The paragraphs do not name psilocybin, and the chapter's definitions section, 5-64-101, does not define "dosage unit." The 2-gram to 28-gram band in 5-64-426(c)(2)(A) excludes, among others, "a controlled substance listed in this subdivision (c)(2)," and the statutes do not say whether a mushroom offense is measured by grams, by dosage units or both. A lawyer licensed in Arkansas can explain how prosecutors and courts treat a particular case.

Growing and manufacturing

The chapter's definitions section provides that "production" includes "the manufacture, planting, cultivation, growing, or harvesting of a controlled substance," and the trafficking statute, 5-64-440, includes manufacture of 200 grams or more. Because the chapter defines "manufacture" to include production, and production includes growing, growing mushrooms that contain psilocybin can be charged as manufacture under Ark. Code Ann. 5-64-427, which grades manufacture by weight (a Class C felony under 2 grams, a Class B felony from 2 to under 28 grams, and a Class A felony at 28 grams or more) and also has dosage-unit bands for hallucinogenic drugs; as with delivery, the statute does not say whether a mushroom offense is measured by grams, by dosage units or both.

Near schools, parks and other listed places

Ark. Code Ann. 5-64-411 adds "an additional term of imprisonment of ten (10) years" when the offense happens "on or within one thousand feet (1,000')" of listed property, which includes a city or state park and "a public or private elementary or secondary school, public vocational school, or private or public college or university," among other places such as day care centers and churches. It applies to possession only where "the offense is a Class C felony or greater," so simple possession under 2 grams, a Class D felony, is outside it. It applies to delivery, possession with the purpose to deliver, manufacture and trafficking at any weight. Act 659 of 2023, effective January 1, 2024, amended subsection (c) to provide that a person convicted under the section "is not eligible for early release on parole, transfer to post-release supervision, or community correction transfer for the enhanced portion of the sentence."

Repeat offenders

Ark. Code Ann. 5-4-501 (amended by Act 821 of 2021, Act 659 of 2023 and Act 662 of 2025) sets extended prison terms for defendants with prior felony convictions. For a Class D felony, the extended term is "not more than twelve (12) years" for a defendant with two or three prior felonies and "not more than fifteen (15) years" with four or more.

Separately, Ark. Code Ann. 5-64-408 allows up to twice the authorized prison term and fine for a second or subsequent drug offense under the chapter, such as a second delivery conviction; a prior drug conviction under federal law or another state's law counts. It does not apply to simple possession under 5-64-419.

Overdose immunity

Ark. Code Ann. 20-13-1704(a) provides that a person "shall not be arrested, charged, or prosecuted for possession of a controlled substance in violation of § 5-64-419" when the evidence "resulted solely from seeking medical assistance" in good faith for another person's overdose, or for one's own overdose. It covers possession under 5-64-419, not delivery.

Therapy, research and decriminalization

Arkansas has no psilocybin therapy program, no research or study program, no decriminalization law and no law tied to FDA approval of a psilocybin drug. No Act of the 2021, 2023 or 2025 regular sessions that amends Title 5 or Title 20 of the Arkansas Code changes how psilocybin, psilocyn or other hallucinogens are scheduled or graded, or creates a psychedelic program.

The chapter's definitions recognize research by licensed or registered persons. Section 5-64-101 defines a "practitioner" to include a "scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state." That definition does not create a psilocybin program or allow anyone else to possess psilocybin.

Arkansas does have a general rule for following federal scheduling. Under Ark. Code Ann. 5-64-201(d)(1), if a substance is designated as controlled under federal law and notice is given to the Secretary of Health, the Secretary "shall similarly control the substance under this chapter after the expiration of thirty (30) days from publication in the Federal Register of a final order designating a substance as a controlled substance unless within that thirty-day period the secretary objects to inclusion." Separately, the Secretary may "delete or reschedule" a substance by rule under 5-64-201(a)(1)(A). The list marks psilocybin and psilocyn as scheduled before April 1979, and under 5-64-201(a)(1)(B) the Secretary "shall not delete any substance from a schedule in effect on July 20, 1979, without prior approval by the Legislative Council." The statute does not say how a future federal change to psilocybin's schedule would carry into the Arkansas list.

Federal psilocybin law

Psilocybin and psilocyn remain in federal Schedule I. 21 CFR 1308.11(d) lists them (DEA codes 7437 and 7438) and reaches "any material, compound, mixture, or preparation, which contains any quantity of" them. Under 21 U.S.C. 844(a), simple possession of a controlled substance is a federal misdemeanor for a first offense, punishable by up to one year in prison and a minimum fine of $1,000. As of October 2026, no psilocybin drug has FDA approval, and no DEA rescheduling action for psilocybin is pending in the Federal Register. Executive Order 14401 (April 18, 2026) directs the FDA to give national priority vouchers to psychedelic drugs with Breakthrough Therapy designation, directs the FDA and DEA to set up a Right to Try pathway, and directs the Attorney General to review rescheduling of Schedule I products that complete Phase 3; it does not reschedule psilocybin and creates no enforceable right. FDA held a public hearing on September 14, 2026 on possible future therapeutic use of psychedelic drugs; it was a request for input, not an approval. Federal Schedule I applies in Arkansas regardless of state law. Our psilocybin mushroom laws by state hub covers the federal layer in more detail.

Driving and criminal records

Ark. Code Ann. 5-65-103(a)(1) makes it unlawful for "a person who is intoxicated" to operate or be in actual physical control of a motor vehicle. Section 5-65-102 defines "intoxicated" as "influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination" to such a degree that the driver's reactions, motor skills and judgment are substantially altered and the driver "constitutes a clear and substantial danger of physical injury or death," and it defines a controlled substance as a drug in Schedules I through VI. Section 5-65-103 contains no fixed-amount (per se) offense for drugs. Our guide to Arkansas DUI laws covers penalties. Every psilocybin possession or delivery offense in Arkansas is a felony, which creates a criminal record; whether a record can later be sealed is covered in our guide to Arkansas expungement laws.

Related

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

This article provides general legal information about Arkansas state law as of October 11, 2026. It is not legal advice. Quotations from Arkansas Code sections come from a 2020 release of the Arkansas Code, read with the later Acts named on this page (Acts 887 and 821 of 2021, Acts 584 and 659 of 2023, Act 662 of 2025); check the official Arkansas Code for the current text. For advice about a specific situation, contact a lawyer licensed in Arkansas.

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in Arkansas?

No. Psilocybin and psilocyn are Schedule I hallucinogenic substances in the Arkansas Department of Health's Controlled Substances List, and possessing any amount is a felony under Ark. Code Ann. 5-64-419, starting at a Class D felony for under 2 grams.

What is the penalty for possessing psilocybin mushrooms in Arkansas?

Under 2 grams is a Class D felony (up to 6 years, fine up to $10,000); 2 to under 28 grams is a Class C felony (3 to 10 years); 28 to under 200 grams is a Class B felony (5 to 20 years, fine up to $15,000). The weight includes the whole material.

What is the penalty for selling psilocybin in Arkansas?

Delivering less than 2 grams of a Schedule I substance of this kind is a Class C felony under Ark. Code Ann. 5-64-426; 2 to under 28 grams is Class B and 28 to under 200 grams is Class A. 200 grams or more is trafficking, a Class Y felony. An adult who delivers to a person under 18 who is at least three years younger faces up to twice the usual prison term (5-64-406).

Has Arkansas decriminalized psilocybin?

No. No Arkansas Act of the 2021, 2023 or 2025 regular sessions decriminalizes psilocybin or creates a psilocybin program, and the Controlled Substances List still places psilocybin and psilocyn in Schedule I.

Are psilocybin mushroom spores legal in Arkansas?

The Arkansas Controlled Substances List does not mention spores or mushrooms. It names psilocybin and psilocyn and reaches any material, compound, mixture or preparation that contains any quantity of them. Growing mushrooms that contain psilocybin can be charged as manufacturing a controlled substance under Ark. Code Ann. 5-64-427.

Does Arkansas have a psilocybin therapy or research program?

No. Arkansas has no state psilocybin therapy or research program. The definition of practitioner in the controlled substances chapter includes a scientific investigator licensed, registered or otherwise permitted to conduct research (Ark. Code Ann. 5-64-101), but no Arkansas law creates a psilocybin study.

Would FDA approval of a psilocybin drug change Arkansas law?

Arkansas has no law tied to FDA approval of psilocybin. Ark. Code Ann. 5-64-201 lets the Secretary of Health reschedule substances by rule (deleting a substance that was in a schedule on July 20, 1979 needs prior Legislative Council approval) and directs the Secretary to similarly control a substance 30 days after a federal final order designates it, unless the Secretary objects.