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

Magic mushrooms are not legal in California. Psilocybin and psilocyn, the compounds in psilocybin mushrooms, are Schedule I controlled substances under Health and Safety Code section 11054(d)(18) and (19), and possessing them is punishable by up to one year in county jail under section 11377(a). California has no statewide decriminalization law and no licensed therapy program; the code's current lawful route is narrow, approved research, and a 2023 law (Health and Safety Code section 11150.3) would let licensed prescribers and pharmacists provide an FDA-approved psilocybin product in accordance with federal law if federal law moves it out of Schedule I or exempts it.

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

Jurisdiction scope: This article covers California state law on psilocybin and psilocyn: the Schedule I listing in Health and Safety Code section 11054, the possession and sale penalties in sections 11377, 11378 and 11379, the mushroom provisions in sections 11390 to 11392, Proposition 36's section 11395, the federal-change trigger in section 11150.3 (AB 1021, 2023), and the recent bills SB 58, SB 1012, SB 751 and AB 1103. It does not cover city or county measures, other psychedelics, or other states. For every state, see our guide to psilocybin mushroom laws by state.

Is psilocybin illegal in California?

Yes. California's Schedule I lists psilocybin and psilocyn by name in its hallucinogenic substances subdivision. Section 11054(d) covers:

"any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of its salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation"

Item (18) of that list is psilocybin and item (19) is psilocyn. Because the listing reaches any material containing any quantity, mushrooms that contain psilocybin or psilocyn fall within it. Section 11054 was last amended in 2017 (Stats. 2017, ch. 27, sec. 120, effective June 27, 2017).

Penalties for psilocybin in California

Possession

Section 11377(a) applies to any controlled substance in section 11054(d) except paragraphs (13), (14), (15) and (20), so it covers psilocybin and psilocyn. A person who possesses them "unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment in a county jail for a period of not more than one year."

The statute allows a different sentence in one situation: the person "may instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code." Subdivision (b) also lets the judge assess a fine of up to $70. The current text reflects Proposition 47 and was last amended by Stats. 2017, ch. 269 (SB 811), effective January 1, 2018.

Psilocybin possession is not charged under section 11350, the possession statute for many other drugs. Section 11350 reaches only paragraphs (14), (15) and (20) of section 11054(d), not the psilocybin and psilocyn entries.

Sale, transport and giving away

Section 11379(a) covers the substances in section 11054(d) except paragraphs (13), (14), (15), (20), (21), (22) and (23), which brings in psilocybin and psilocyn. The penalty is "imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of two, three, or four years." Under subdivision (b), transporting these substances "within this state from one county to another noncontiguous county" carries three, six or nine years.

Subdivision (c) limits "transports" to transporting for sale.

Possession for sale

Section 11378 makes it a separate offense to possess for sale a substance in section 11054(d), except paragraphs (13), (14), (15), (20), (21), (22) and (23), which brings in psilocybin and psilocyn. The penalty is imprisonment under Penal Code section 1170(h); because section 11378 sets no term, Penal Code section 1170(h)(1) supplies 16 months, two or three years in county jail.

Proposition 36 does not reach psilocybin

Proposition 36, approved by voters on November 5, 2024 and effective December 18, 2024, added a treatment-mandated felony for certain "hard drug" cases. Its definition in section 11395 excludes psilocybin: "'hard drug' does not include cannabis, cannabis products, peyote, lysergic acid diethylamide (LSD), other psychedelic drugs, including mescaline and psilocybin (mushrooms), any other substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine, any other substance listed in subdivision (d) of Section 11055."

A psilocybin conviction can still matter under Proposition 36: section 11395(c) counts prior convictions under sections 11377, 11378 and 11379, among others, toward the two priors that make a later hard-drug possession a treatment-mandated felony.

Spores and mycelium: California's mushroom statutes

California has a separate article of the Health and Safety Code titled "Mushrooms" (sections 11390 to 11392). Its two offenses both turn on intent to produce psilocybin.

Section 11390 provides that "every person who, with intent to produce a controlled substance specified in paragraph (18) or (19) of subdivision (d) of Section 11054, cultivates any spores or mycelium capable of producing mushrooms or other material which contains such a controlled substance shall be punished by imprisonment in the county jail for a period of not more than one year or in the state prison." Because the section sets no prison term, Penal Code section 18(a) supplies 16 months, two or three years.

Section 11391 reaches anyone who "transports, imports into this state, sells, furnishes, gives away, or offers to transport, import into this state, sell, furnish, or give away" such spores or mycelium "for the purpose of facilitating a violation of Section 11390." The penalty is the same: up to one year in county jail, or 16 months, two or three years in state prison. For this section, "transport" means to transport for sale.

Neither section names possession of spores as an offense. Each requires either the intent to produce psilocybin or psilocyn (section 11390) or the purpose of facilitating that cultivation (section 11391).

Research, therapy and decriminalization: what California has and has not done

The research exception

Section 11392 is the one lawful route the mushroom article sets out. Spores or mycelium capable of producing mushrooms containing psilocyn or psilocybin "may be lawfuly obtained and used for bona fide research, instruction, or analysis, if not in violation of federal law, and if the research, instruction, or analysis is approved by the Research Advisory Panel established pursuant to Sections 11480 and 11481." (The spelling "lawfuly" is in the statute.) This is an exception for approved research, not a program open to the public.

Section 11213 sets the parallel rule for the controlled substances themselves: persons lawfully entitled under federal law to use Schedule I or Schedule II substances for research, instruction or analysis may obtain and use them on approval by the Research Advisory Panel.

AB 1103 (enacted 2025)

AB 1103, titled "Controlled substances: research," was approved by the Governor on October 10, 2025 and became Chapter 571, Statutes of 2025. It amends the statutes that govern the Research Advisory Panel (Health and Safety Code sections 11213, 11480, 11480.5 and 11481, and adds sections 11480.1 and 11480.3) and two Government Code sections on the Panel's closed sessions. Its title lists no amendment to section 11054 or to the possession and sale penalties, so it does not change psilocybin's Schedule I status. Its changes took effect January 1, 2026, and it lets the Panel expedite review of qualifying projects until January 1, 2028.

Bills that did not become law

California has no statewide psilocybin decriminalization and no licensed psilocybin therapy program. Three recent bills on psychedelics ended without becoming law:

Local measures

This page does not cover city or county resolutions on psychedelics. Whatever a local measure says about enforcement priorities, state law still applies: the Health and Safety Code offenses above can be charged anywhere in California.

Driving and criminal records

California's impaired-driving statute covers any drug. Vehicle Code section 23152(f) states: "It is unlawful for a person who is under the influence of any drug to drive a vehicle." For how DUI cases work in the state, see California DUI laws.

If a psilocybin case ends in a conviction, the relief that may be available is covered in our guide to California expungement laws.

Federal law on psilocybin

Psilocybin and psilocyn are also Schedule I under federal law, in the hallucinogenic substances list of 21 CFR 1308.11(d), which likewise reaches any material containing any quantity of them. Federal simple possession of a controlled substance is a misdemeanor under 21 U.S.C. 844(a), punishable by up to one year and a minimum $1,000 fine for a first offense. As of October 2026 no rescheduling rule for psilocybin has been published and no psilocybin drug is FDA-approved. Executive Order 14401 (April 18, 2026) directs federal agencies to study access pathways and review rescheduling, but it does not reschedule psilocybin.

California has a trigger law for this. Health and Safety Code section 11150.3, added by AB 1021 (Stats. 2023, ch. 274), provides that if a Schedule I substance is moved from federal Schedule I to another federal schedule, or a product made from it is approved by the FDA and either rescheduled or exempted so that it can be prescribed, a physician, pharmacist or other authorized licensee who prescribes, furnishes or dispenses that product in accordance with federal law is deemed in compliance with state law, and the product may be prescribed, dispensed, possessed or used in accordance with federal law. It does not change the Schedule I listing or the penalties for psilocybin mushrooms, and no such federal change has occurred. Our psilocybin mushroom laws by state hub covers the federal layer in more detail.

Related

• Psilocybin mushroom laws by state
• California DUI laws
• California expungement laws
• Is kratom legal in California?

Disclaimer: This article provides general legal information about California law, not legal advice. For a specific situation, contact a lawyer licensed in California.

Last updated: October 12, 2026.

Frequently Asked Questions

Are magic mushrooms legal in California?

No. Psilocybin and psilocyn are Schedule I controlled substances under Health and Safety Code section 11054(d)(18) and (19), and the listing covers any material containing any quantity of them. Possession is punishable by up to one year in county jail under section 11377(a).

Is psilocybin decriminalized in California?

Not under state law. California has no statewide decriminalization: SB 58 passed both houses but was vetoed on October 7, 2023, and the veto was sustained on January 25, 2024. Any local measure leaves state law in place.

What is the penalty for possessing psilocybin mushrooms in California?

Health and Safety Code section 11377(a) sets up to one year in county jail. A person with a prior conviction for an offense listed in Penal Code section 667(e)(2)(C)(iv), or one requiring sex-offender registration under Penal Code section 290(c), may instead be sentenced under Penal Code section 1170(h).

What is the penalty for selling psilocybin in California?

Selling, transporting for sale, furnishing or giving away psilocybin is punishable by two, three or four years under Penal Code section 1170(h), per Health and Safety Code section 11379(a). Transport for sale from one county to a noncontiguous county carries three, six or nine years. Possessing psilocybin for sale is a separate felony under section 11378, punishable by 16 months, two or three years.

Are psilocybin mushroom spores legal in California?

California's mushroom statutes target intent. Section 11390 punishes cultivating spores or mycelium with intent to produce psilocybin, and section 11391 punishes selling, transporting for sale, importing, furnishing or giving away spores for the purpose of facilitating that cultivation; neither section names spore possession as an offense.

Does California have a psilocybin therapy program?

No. California has no licensed psilocybin therapy program; SB 1012 died in the Senate Appropriations Committee in 2024. Today, research use is possible only for projects approved by the Research Advisory Panel: Health and Safety Code section 11213 covers researchers lawfully entitled under federal law to use Schedule I substances, and section 11392 covers spores or mycelium.

Does Proposition 36 apply to psilocybin?

No. Health and Safety Code section 11395, added by Proposition 36 and effective December 18, 2024, defines "hard drug" to exclude psilocybin (mushrooms) and other psychedelic drugs, so its treatment-mandated felony does not apply to psilocybin. A prior psilocybin conviction under section 11377, 11378 or 11379 can still count toward the two priors that trigger that felony for a later hard-drug possession.

Is psilocybin legal under federal law?

No. Psilocybin and psilocyn are federal Schedule I substances under 21 CFR 1308.11(d), and simple possession is a federal crime under 21 U.S.C. 844(a). As of October 2026 no psilocybin drug is FDA-approved and no rescheduling rule has been published.