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

Psilocybin mushrooms are illegal in Delaware: psilocybin and psilocyn are Schedule I controlled substances listed by name in 16 Del. C. 4714(d)(14) and (15). Possessing a small amount is a class B misdemeanor under 16 Del. C. 4763, larger amounts are felonies under weight tiers that count any mixture containing it, and Delaware has no psilocybin therapy program or decriminalization law. 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 Delaware state law on psilocybin and psilocyn: the Schedule I listing (16 Del. C. 4714), the possession and drug-dealing offenses and quantity tiers in Title 16, Chapter 47, subchapter IV (4751A to 4769), the aggravating-factor definitions in subchapter I, the sentencing ranges in 11 Del. C. 4205 and 4206, the firearm provisions in 11 Del. C. 1447A and 1448 and the impaired-driving statute (21 Del. C. 4177), with one paragraph on federal law. It does not cover city or county policies, other sentencing provisions outside the sections named, employer or school rules, federal property or other states' laws.

Are magic mushrooms legal in Delaware?

No. Delaware writes its drug schedules into the Delaware Code, and Schedule I in 16 Del. C. 4714 names both compounds found in psilocybin mushrooms. Subsection (d) covers hallucinogenic substances:

(d) 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: ... (14) Psilocybin; (15) Psilocyn;

Section 4714(a) provides that "The controlled substances listed in this section are included in Schedule I." The section was last amended by 85 Del. Laws c. 87 in 2025, which added tianeptine as subsection (h) and left the psilocybin and psilocyn entries in place.

Do Delaware's drug laws cover the mushrooms themselves?

Chapter 47 does not use the words "mushroom" or "spore." Its coverage of mushrooms rests on the opening words of 4714(d): "Any material, compound, mixture or preparation which contains any quantity" of psilocybin or psilocyn. A mushroom that contains either compound is a material containing a Schedule I substance.

The Act says nothing more specific about spores, and no Delaware provision addresses them directly. A lawyer licensed in Delaware can advise on a specific situation.

Penalties for possessing psilocybin in Delaware

Small amounts. Section 4763(a) makes it unlawful to "knowingly or intentionally possess, use, or consume a controlled substance or a counterfeit controlled substance," unless one of the statute's exceptions applies, such as a substance obtained directly from or under a lawful prescription or order. Section 4763(b) provides: "Any person who violates subsection (a) of this section shall be guilty of a class B misdemeanor." The range for that class is in 11 Del. C. 4206(b):

The sentence for a class B misdemeanor may include up to 6 months incarceration at Level V and such fine up to $1,150, restitution or other conditions as the court deems appropriate.

Level V is Delaware's term for incarceration.

Larger amounts. Delaware grades drug offenses by quantity tiers defined in 16 Del. C. 4751C. The tier statute names some drugs individually; psilocybin is not one of them, so it falls under the catch-all item h, which covers "any substance as described in § 4714 of this title that is not otherwise set forth in this section, a designer drug as described in § 4701(10) of this title, or of any mixture containing any such substance." For that item, the Tier 1 quantity is:

12.5 or more doses or 2.5 or more grams or 2.5 milliliters or more of any substance as described in § 4714 of this title that is not otherwise set forth in this section, a designer drug as described in § 4701(10) of this title, or of any mixture containing any such substance;

The same item sets Tier 2 at "25 or more doses or 5 or more grams or 5 milliliters or more" and Tier 3 at "62.5 or more doses or 12.5 or more grams or 12.5 milliliters or more."

The felony ranges come from 11 Del. C. 4205(b): a class B felony is "not less than 2 years up to 25 years to be served at Level V," a class C felony up to 15 years, a class D felony up to 8 years, a class E felony up to 5 years and a class G felony up to 2 years. Because the class B range starts at 2 years, a Tier 3 conviction carries a 2-year statutory minimum term.

Possessing a firearm during any felony, including a felony drug offense, is a separate class B felony with a minimum of 3 years at Level V (11 Del. C. 1447A). A felony conviction, or a conviction for "the unlawful use, possession or sale of" a controlled substance as defined in Chapter 47 of Title 16, bars "purchasing, owning, possessing, or controlling a deadly weapon or ammunition for a firearm" (11 Del. C. 1448(a)(1), (3)). A person who is a prohibited person "solely as the result of a conviction for an offense which is not a felony" is no longer prohibited once "5 years have elapsed from the date of conviction" (1448(d)).

How Delaware counts the weight

The tiers count "any mixture containing any such substance." Two rules in 16 Del. C. 4751D shape how the State proves it:

In any prosecution under this subchapter, in which the weight or quantity of a controlled substance is an element of the offense, the State need not prove that the defendant had any knowledge as to the weight or quantity of the substance possessed. ... (c) The identity or composition of a controlled substance, or a mixture containing a controlled substance, may be established by utilizing a hypergeometric sampling plan or other scientifically accepted methodology.

How Delaware courts apply the mixture rule to dried or fresh mushrooms is a question for a lawyer licensed in Delaware.

Selling, delivering or growing psilocybin in Delaware

Section 4754(a) provides: "Except as authorized by this chapter, it is unlawful for any person to manufacture, deliver, or possess with the intent to manufacture or deliver a controlled substance." Under 4754(b), a violation is a class D felony, punishable by up to 8 years at Level V. No minimum quantity applies.

Quantity raises the class. Delivering, manufacturing or possessing with intent a Tier 2 quantity is a class C felony (4753(a)(1), (b)(1)). Section 4752 makes these a class B felony:

(1) Manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance in a Tier 3 quantity. (2) Possess a controlled substance in a Tier 3 quantity. (3) Manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance in a Tier 2 quantity and an aggravating factor applies.

Aggravating factors. Section 4751A lists the aggravating factors. One is committing the offense in a protected school zone, which 16 Del. C. 4701(46) defines to include school property and:

b. Any area accessible to the public located within 300 feet of the property of a public or private kindergarten, elementary, secondary, or vocational-technical school, or any parked vehicle located within 300 feet of the property of a public or private kindergarten, elementary, secondary, or vocational-technical school.

The school-zone factor cannot be charged when the conduct took place outside the zone and only the arrest happened inside it. Other aggravating factors in 4751A include using force to prevent an arrest and fleeing in a vehicle in a way that creates a substantial risk of injury.

Growing. Chapter 47 has no provision written specifically for psilocybin mushrooms. Under 16 Del. C. 4701(27), "manufacture" means "the production, preparation, propagation, compounding, conversion or processing of a controlled substance," and 4701(43) provides that "production" "includes the manufacturing, planting, cultivating, growing or harvesting of a controlled substance." The definition's exception for an individual's own use covers only "the preparation or compounding of a controlled substance," not production. Growing psilocybin mushrooms can therefore be charged as manufacture under 4754, a class D felony, with the quantity tiers raising the class.

Related offenses also apply. An owner, landlord or tenant who knowingly consents to another person using a property to manufacture or deliver controlled substances commits a class F felony (4760). Knowingly operating or attempting to operate a clandestine laboratory, defined in 4760A as property where a person assembles chemicals or equipment intended to be used to unlawfully manufacture a controlled substance, is a class C felony. Delivering a Schedule I or II substance in a Tier 1 or greater quantity that then causes the death of a person who uses it is drug dealing resulting in death, a class B felony (4752B).

First-offender diversion and overdose immunity

Diversion. Section 4767 offers a first-offender path for possession under 4763. Under 4767(b), "The court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place the accused on probation for a period of not less than 1 1/2 years." It is available to a defendant without prior drug convictions or prior first-offender treatment. The defendant must enter a plea of guilty as a first offender, and the probation terms include revocation of the person's driver's license for at least 6 months, at least 20 hours of community service and a 16-hour first-offender drug rehabilitation program (4767(b)). The option is not available when the possession charge arises from the same facts as an indictment under 4752 or 4753 (4767(a)). After a conviction under 4763 and before sentencing, or before conviction if the defendant consents, the court may also order a medical or psychiatric examination or treatment (4768).

Good Samaritan immunity. Under 16 Del. C. 4769, a person experiencing an overdose or other life-threatening emergency, and a person seeking medical attention for them, shall not be arrested, charged or prosecuted for covered offenses if they report in good faith and provide relevant medical information. Section 4769(c) limits the scope: "The immunity granted shall apply to all offenses in this chapter that are not class A, B, or C felonies." Tier 3 possession or delivery (class B) and Tier 2 delivery (class C) fall outside it.

A drug conviction creates a criminal record. See our guide to Delaware expungement laws for how records can be cleared.

Psilocybin research, therapy and reform in Delaware

Delaware's Controlled Substances Act contains no psilocybin therapy program, research program, task force or decriminalization provision. None of the bills of the 153rd General Assembly (2025-26) carries a title or synopsis about psilocybin, psychedelics or mushrooms.

Researchers who work with controlled substances must hold a registration from the Secretary under 16 Del. C. 4732, which requires a separate registration at each place where a registrant "conducts research with controlled substances." The possession offense also has a research exception. Section 4763(a)(2) lists persons whose possession is excepted, including:

c. Persons who procure controlled substances in good faith and in the course of professional practice only, by or under the supervision of pharmacists or practitioners employed by them, or for the purpose of lawful research, teaching, or testing, and not for resale.

It is an exception to the possession offense, not a state research program. This page covers state law only and does not address any city or county policy.

Would federal rescheduling change Delaware's psilocybin law?

Delaware's schedules are statutory. Under 16 Del. C. 4711, the Secretary of Health and Social Services:

may delete or reschedule substances enumerated in the schedules of controlled substances only if: (1) Such substances have been deleted from or rescheduled within the federal schedules of controlled substances by the Attorney General of the United States pursuant to 21 USC § 811, et seq.; and (2) The findings required by this chapter for placement of substances in the schedules of controlled substances have been made.

A federal rescheduling of psilocybin would therefore be the first of two conditions for the Secretary to act; the findings the Act requires would also have to be made. Chapter 47 contains no clause tied to FDA approval of a psilocybin drug.

Federal psilocybin law

Psilocybin and psilocyn are also federal Schedule I hallucinogens, reaching any material, compound, mixture or preparation containing any quantity of them (21 CFR 1308.11(d)(29), (30), October 6, 2026 version). Federal simple possession of a controlled substance is a misdemeanor under 21 U.S.C. 844(a), with a term of up to 1 year and a minimum $1,000 fine for a first offense. Executive Order 14401 (April 18, 2026) directs federal agencies to act on psychedelic drugs, including a review of rescheduling Schedule I products that complete Phase 3 trials, but it does not reschedule psilocybin and creates no enforceable right. Our psilocybin mushroom laws by state hub covers the federal layer in more detail.

Driving after taking psilocybin in Delaware

Delaware's impaired-driving statute has two drug clauses. Under 21 Del. C. 4177(a)(2), no person shall drive a vehicle "When the person is under the influence of any drug." Under 4177(a)(6), no person shall drive when the person's blood contains, within 4 hours of driving, "any amount of an illicit or recreational drug that is the result of the unlawful use or consumption of such illicit or recreational drug or any amount of a substance or compound that is the result of the unlawful use or consumption of an illicit or recreational drug prior to or during driving." See our guide to Delaware DUI laws.

Related

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

This article provides general legal information about Delaware state law as of October 11, 2026. It is not legal advice. The quantity-tier, dealing and possession sections cited (4751C, 4751D, 4752 to 4754, 4756 and 4763) carry history notes ending with 82 Del. Laws c. 217, and the General Assembly can amend the schedules at any session. For advice about a specific situation, contact a lawyer licensed in Delaware.

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in Delaware?

No. Psilocybin and psilocyn are Schedule I controlled substances under 16 Del. C. 4714(d)(14) and (15), and the listing covers any material or mixture containing any quantity of them. Delaware has no psilocybin therapy program or decriminalization statute.

What is the penalty for possessing psilocybin mushrooms in Delaware?

Possession below the Tier 1 quantity is a class B misdemeanor under 16 Del. C. 4763, with up to 6 months at Level V and a fine of up to $1,150. Possession of 2.5 grams or more of a mixture containing psilocybin, or 12.5 or more doses, is a class G felony under 16 Del. C. 4756.

How many grams of mushrooms is a felony in Delaware?

Under 16 Del. C. 4751C, 2.5 grams or more (or 12.5 or more doses) of a Schedule I substance not otherwise listed, or any mixture containing it, is a Tier 1 quantity, and possessing a Tier 1 quantity is a class G felony. The tiers count the mixture, and the State need not prove the defendant knew the weight (16 Del. C. 4751D).

Is selling psilocybin a felony in Delaware?

Yes. Manufacturing, delivering or possessing with intent to manufacture or deliver any controlled substance is a class D felony under 16 Del. C. 4754, punishable by up to 8 years. Larger quantities and aggravating factors raise it to a class C or class B felony.

Are psilocybin mushroom spores illegal in Delaware?

Delaware's Controlled Substances Act does not use the words mushroom or spore. Its Schedule I entry covers any material, compound, mixture or preparation that contains any quantity of psilocybin or psilocyn (16 Del. C. 4714(d)), and the statute says nothing more specific about spores.

Does Delaware have a psilocybin therapy program?

No. Chapter 47 of Title 16 contains no psilocybin therapy or research program. Researchers who work with controlled substances must hold a registration from the Secretary under 16 Del. C. 4732, and 16 Del. C. 4763(a)(2)c excepts from the possession offense persons who procure controlled substances for the purpose of lawful research, teaching, or testing, and not for resale.

Would federal approval or rescheduling of psilocybin change Delaware law?

Delaware lists psilocybin in its own statute. Under 16 Del. C. 4711, the Secretary may reschedule a listed substance only if it has been rescheduled in the federal schedules and the findings the Act requires have been made, and Chapter 47 contains no clause tied to FDA approval of a psilocybin drug.