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

Magic mushrooms are not legal in Georgia. Psilocybin and psilocyn (psilocin), the compounds in psilocybin mushrooms, are Schedule I controlled substances under O.C.G.A. 16-13-25(3)(N) and (O), and possessing any amount is a felony under O.C.G.A. 16-13-30, with no state decriminalization law or psilocybin program; a 2026 trigger law changes that only for a future FDA-approved psilocybin drug. 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 Georgia state law: the Schedule I listing of psilocybin and psilocyn (O.C.G.A. 16-13-25), possession and distribution penalties (O.C.G.A. 16-13-30, 16-13-32.4, 16-13-33), medical-amnesty and first-offender provisions (O.C.G.A. 16-13-5, 16-13-2), and the 2025 and 2026 acts H.B. 473, H.B. 382 and H.B. 717, with one paragraph on federal law. It does not cover city or county measures, workplace or school policies, military rules, or other states' laws.

Are psilocybin mushrooms legal in Georgia?

No. Georgia lists psilocybin and psilocyn in Schedule I, its most restrictive schedule, among the hallucinogenic substances in O.C.G.A. 16-13-25(3):

"(3) Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers (whether optical, position, or geometrics), 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: ... (N) Psilocybin; (O) Psilocyn (Psilocin);" (O.C.G.A. 16-13-25(3), as codified)

Schedule I does not name mushrooms. It reaches them because it covers "any material, compound, mixture, or preparation which contains any quantity" of psilocybin or psilocyn, so a mushroom containing either compound falls within the listing. The Schedule I text also does not mention mushroom spores, and this page does not address how Georgia law treats spores; a lawyer licensed in Georgia can advise on a specific situation.

Georgia's definition of "manufacture" in O.C.G.A. 16-13-21, as codified, includes "the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin." Manufacture is one of the acts punished under Section 16-13-30(b) and (d), covered below.

A note on currency: the Code sections on this page are quoted as codified in the Official Code of Georgia, and the recent changes come from the signed text of the 2025 and 2026 acts named below. Georgia publishes its official annotated code through a third-party portal, so check the current text there before relying on an exact wording.

Possession penalties: a felony at any weight

Possessing psilocybin in Georgia is a felony regardless of amount. Section 16-13-30(a) makes it unlawful "to purchase, possess, or have under his or her control any controlled substance," and subsection (c) sets the punishment for a Schedule I substance by aggregate weight:

The weight that counts is "the aggregate weight, including any mixture," so the statute weighs the whole material, not just the psilocybin it contains. Subsection (c) sets no separate tier at 28 grams or more, and Georgia's drug-trafficking statutes (O.C.G.A. 16-13-31 and 16-13-31.1, as codified) do not list psilocybin or psilocyn. For a charge involving 28 grams or more, a lawyer licensed in Georgia can advise how it is likely to be charged and sentenced.

"(c) Except as otherwise provided, any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule I or a narcotic drug in Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished as follows: (1) If the aggregate weight, including any mixture, is less than one gram of a solid substance, less than one milliliter of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of less than one gram, by imprisonment for not less than one nor more than three years;" (O.C.G.A. 16-13-30(c)(1), as codified)

On a third or later conviction for possessing a Schedule I substance, the maximum prison term doubles (O.C.G.A. 16-13-30(f), as codified).

Sale, manufacture and possession with intent to distribute

Section 16-13-30(b) makes it unlawful "to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance." For a Schedule I substance such as psilocybin, subsection (d) sets the penalty:

"(d) Except as otherwise provided, any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule I or Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, he or she shall be imprisoned for not less than ten years nor more than 40 years or life imprisonment." (O.C.G.A. 16-13-30(d), as codified)

Subsection (d) sets no fine of its own, but in a felony case with no statutory fine the court may impose a fine of up to $100,000 (O.C.G.A. 17-10-8(a), as codified). Unlike the possession tiers in subsection (c), subsection (d) sets a single range with no weight tiers.

School-zone enhancement

Section 16-13-32.4(a) makes it a separate offense to "manufacture, distribute, dispense, or possess with intent to distribute a controlled substance or marijuana in, on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school, or school board used for elementary or secondary education." It is a felony, and a first conviction carries "imprisonment for not more than 20 years or a fine of not more than $20,000.00, or both" (O.C.G.A. 16-13-32.4(b)(1), as codified). Conspiring to commit the offense is covered too. A second or later conviction carries 5 to 40 years or a fine of up to $40,000, or both, with a mandatory minimum of five years that may not be suspended unless otherwise provided by law. Any sentence under this section is served consecutively to any other sentence, and the conviction does not merge with a conviction under any other provision of Georgia's controlled substances article (O.C.G.A. 16-13-32.4(b)-(c), as codified). The section covers distribution and intent to distribute; simple possession is not part of this offense.

Subsection (g) of Section 16-13-32.4, as codified, gives an affirmative defense where the conduct took place entirely within a private residence, no one 17 or younger was present, and it was not carried on for financial gain.

Attempt and conspiracy

Under O.C.G.A. 16-13-33, as codified, a person who attempts or conspires to commit any offense in Georgia's controlled substances article faces "imprisonment not exceeding the maximum punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy."

Medical amnesty and first-offender treatment

Two Georgia provisions can change what happens after a possession arrest, within limits.

Medical amnesty (O.C.G.A. 16-13-5). Georgia protects a person who in good faith seeks medical help for a drug overdose from arrest, charge or prosecution for a "drug violation" when the evidence resulted solely from seeking that help. For a controlled substance such as psilocybin, the protected "drug violation" is limited to possession under Section 16-13-30(a) where "the aggregate weight, including any mixture, is less than four grams of a solid substance, less than one milliliter of liquid substance, or if the substance is placed onto a secondary medium with a combined weight of less than four grams." Sale and distribution offenses are not covered.

First-offender deferral (O.C.G.A. 16-13-2(a)). For a person with no prior drug conviction who pleads guilty to or is found guilty of possessing a narcotic, marijuana, or a stimulant, depressant or hallucinogenic drug, the court "may without entering a judgment of guilt and with the consent of such person defer further proceedings and place him on probation," for a period "not to exceed three years." On successful completion the proceedings can be discharged and dismissed. It is at the court's discretion, not a right.

Recent changes: 2025 and 2026 acts

Georgia has tightened, not loosened, its psilocybin-related schedules, with one conditional exception for a future FDA-approved drug.

• May 1, 2025: H.B. 473 (Act 45) amended Schedule I, O.C.G.A. 16-13-25(3)(CC), to list "Acetylpsilocin (4-acetoxy-N,N-dimethyltryptamine, 4-AcO-DMT)."
• July 1, 2026: H.B. 717 (Act 634) took effect, enacting a new Code section numbered 43-34-49 on psychedelic-assisted treatment clinics (covered below).
• July 1, 2026, with a conditional section: H.B. 382 (Act 476) took effect, except its psilocybin section, which takes effect only on FDA approval and federal scheduling of such a drug (covered below).

H.B. 382: a trigger tied to FDA approval

Section 3 of H.B. 382 rewrites the Schedule I psilocybin entry:

"(N) Psilocybin. Such term does not include a drug containing crystalline polymorph psilocybin that is approved by the federal Food and Drug Administration under Section 505 of the federal Food, Drug, and Cosmetic Act, scheduled in accordance with its scheduling by the United States Drug Enforcement Administration, and listed in the federal Controlled Substances Act, 21 U.S.C. Section 812;" (H.B. 382 (2026), Section 3)

The exclusion has three conditions joined by "and": FDA approval under Section 505, DEA scheduling, and listing in 21 U.S.C. 812. Section 8(b) provides that Section 3 "shall become effective only if a drug containing crystalline polymorph psilocybin is approved by the federal Food and Drug Administration under Section 505 of the federal Food, Drug, and Cosmetic Act, scheduled in accordance with its scheduling by the United States Drug Enforcement Administration, and listed in the federal Controlled Substances Act, 21 U.S.C. Section 812." No psilocybin drug is FDA-approved as of October 2026, so this section is not in effect. Even when it takes effect, it covers only that approved drug; psilocybin mushrooms and other psilocybin stay in Schedule I.

H.B. 717: clinic licensing, not a psilocybin program

H.B. 717 (Act 634, 2026) enacted a new Code section numbered 43-34-49, which directs the Georgia Composite Medical Board to adopt rules for psychedelic-assisted treatment and therapy in clinics, with clinic licensing to follow from July 1, 2027. A separate 2026 act, H.B. 1275 (stem cell therapy), also enacted a Code section numbered 43-34-49, so the number under which H.B. 717 is finally codified may differ. The law defines the term broadly:

"'Psychedelic-assisted treatment and therapy' means any treatment or therapy using psychedelic, dissociative, or other related substances that have the potential to produce hallucinations or rapidly induce suggestibility in the user or profound changes in perceptions of reality or the self." (H.B. 717 (2026), new O.C.G.A. 43-34-49)

The same section limits what it allows. Subsection (i) states: "Nothing in this Code section shall be construed to permit the use of drugs or substances not approved by the federal Food and Drug Administration." Subsection (j) says the section does not apply to treatment "in a clinic affiliated with a hospital or in a clinical trial approved by the federal Food and Drug Administration." Because psilocybin is not FDA-approved, H.B. 717 does not authorize any psilocybin treatment.

The section also carries penalties. From July 1, 2027, operating a clinic without the required license is a felony punished by 1 to 5 years, a fine of $1,000 to $5,000, or both, and anyone other than the licensed professionals listed in the section who administers psychedelic-assisted treatment and therapy without a Georgia medical license is treated as engaged in the unlawful practice of medicine (H.B. 717, subsections (h) and (l)).

Bills that did not become law

The Legislative Counsel's 2026 Summary of General Statutes Enacted does not include H.B. 1296 (a veterans psychedelic pilot bill) or S.B. 631 (an ibogaine research-grant bill), so neither is Georgia law. Georgia has no statute decriminalizing psilocybin and no state psilocybin-services program.

Research registration and the federal link

Georgia's controlled substances article has a general research route rather than a psilocybin-specific one. Under O.C.G.A. 16-13-35(b), as codified, "Persons registered by the State Board of Pharmacy under this article to manufacture, distribute, dispense, or conduct research with controlled substances may possess, manufacture, distribute, dispense, or conduct research with those substances to the extent authorized by their registration and in conformity with this article." That protects registered researchers only, within their registration.

Georgia's definition of "controlled substance" in O.C.G.A. 16-13-21(4), as codified, is "a drug, substance, or immediate precursor in Schedules I through V of Code Sections 16-13-25 through 16-13-29 and Schedules I through V of 21 C.F.R. Part 1308." Psilocybin is in Schedule I under both lists, so the federal link changes nothing for it today. How a future federal rescheduling would interact with that definition is a question of interpretation, and this page takes no position on it.

Federal psilocybin status

Federal law is a separate layer that applies in Georgia too. As of October 2026, psilocybin and psilocyn are listed in federal Schedule I (21 CFR 1308.11), and that listing names no mushroom or spore, only the two compounds in any material containing them. Federal simple possession of a controlled substance is a misdemeanor under 21 U.S.C. 844(a), with up to one year and a minimum $1,000 fine for a first offense. No psilocybin drug is FDA-approved, and no DEA or HHS document rescheduling psilocybin had appeared in the Federal Register through October 11, 2026. Executive Order 14401 (April 18, 2026) directs agencies to take steps on psychedelic drugs, including a review of rescheduling, but it does not reschedule psilocybin and creates no enforceable right. The psilocybin mushroom laws by state hub covers the federal layer in full.

Driving and criminal records

Georgia's DUI statute, as codified, bars driving while "under the influence of any drug to the extent that it is less safe for the person to drive" (O.C.G.A. 40-6-391(a)(2)). It also bars driving with any amount of a controlled substance, as defined in O.C.G.A. 16-13-21, in the person's blood or urine, including its metabolites (O.C.G.A. 40-6-391(a)(6), as codified), and psilocybin and psilocyn are controlled substances. See Georgia DUI laws for those offenses and penalties.

A psilocybin possession or distribution conviction is a felony record in Georgia. Whether and when a record can be restricted, and how first-offender treatment affects it, is covered in Georgia expungement and record restriction laws.

Related

• Psilocybin mushroom laws by state
• Is kratom legal in Georgia? Kratom laws
• Georgia DUI laws
• Georgia expungement and record restriction laws

Disclaimer: This article presents general legal information about Georgia state law as of 2026-10-11. It is not legal advice. For a specific situation, contact a lawyer licensed in Georgia or the relevant Georgia agency.

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in Georgia?

No. Psilocybin and psilocyn are Schedule I substances under O.C.G.A. 16-13-25(3)(N) and (O), as codified, and possessing them is a felony under O.C.G.A. 16-13-30. Georgia has no decriminalization law or state psilocybin program.

What is the penalty for possession of psilocybin mushrooms in Georgia?

Possession of a Schedule I substance is a felony. Under O.C.G.A. 16-13-30(c), as codified, it carries 1 to 3 years for under 1 gram, 1 to 8 years for 1 gram to under 4 grams, and 1 to 15 years for 4 grams to under 28 grams, by aggregate weight including any mixture. On a third or later conviction the maximum prison term doubles (O.C.G.A. 16-13-30(f), as codified).

Is selling psilocybin a felony in Georgia?

Yes. Manufacture, sale, distribution or possession with intent to distribute a Schedule I substance carries 5 to 30 years, and 10 to 40 years or life for a second or later offense (O.C.G.A. 16-13-30(d), as codified).

Does the weight of the whole mushroom count in Georgia?

The possession tiers in O.C.G.A. 16-13-30(c) use the aggregate weight, including any mixture, and Schedule I reaches any material containing any quantity of psilocybin or psilocyn. The statute does not set a separate measure for the pure compound.

Is psilocybin therapy legal in Georgia?

Georgia has no psilocybin therapy program. H.B. 717 (2026) regulates psychedelic-assisted treatment clinics, but subsection (i) of the Code section it enacts states it does not permit drugs or substances the FDA has not approved, and no psilocybin drug is FDA-approved.

What happens in Georgia if the FDA approves a psilocybin drug?

Under H.B. 382 (2026), Georgia Schedule I would no longer cover a drug containing crystalline polymorph psilocybin that is FDA-approved, scheduled by DEA and listed in the federal Controlled Substances Act. Psilocybin mushrooms and other psilocybin would stay in Schedule I.

Is 4-AcO-DMT illegal in Georgia?

Yes. H.B. 473 (2025) listed acetylpsilocin (4-acetoxy-N,N-dimethyltryptamine, 4-AcO-DMT) in Georgia Schedule I, O.C.G.A. 16-13-25(3)(CC), effective May 1, 2025.

Is psilocybin legal federally?

No. Psilocybin and psilocyn are federal Schedule I substances (21 CFR 1308.11), and simple possession is a federal misdemeanor under 21 U.S.C. 844(a), with up to 1 year and a minimum $1,000 fine for a first offense.