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

Psilocybin and psilocyn are Schedule I hallucinogens in Idaho (Idaho Code 37-2705(d)(27) and (28)), and the same schedule separately lists spores or mycelium "capable of producing mushrooms that contain psilocybin or psilocin." Possessing them is a misdemeanor punishable by up to one year in jail and a $1,000 fine, and manufacture or delivery is a felony punishable by up to five years and $15,000 (37-2732); Idaho 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 Idaho state law on psilocybin and psilocyn: the Schedule I listing in Idaho Code 37-2705, the penalties and enhancements in 37-2732, 37-2732C, 37-2734D, 37-2737, 37-2737A, 37-2739, 37-2739A, 37-2739B and 19-2520, the overdose protection in 37-2739C, the research and federal-adoption provisions in 37-2716 and 37-2702, the 2025 HJR 3 proposal and the driving-under-the-influence statute (18-8004), with one paragraph on federal law. It does not cover city or county measures, court decisions, employer or school policies, tribal or federal land rules or other states' laws.

Are magic mushrooms legal in Idaho?

No. Idaho's Schedule I, Idaho Code 37-2705, lists psilocybin and psilocyn among its hallucinogenic substances. Subsection (d) reads:

"(d) Hallucinogenic substances. Any material, compound, mixture or preparation that 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 ... (27) Psilocybin; (28) Psilocyn;"

Because the listing reaches "any material, compound, mixture or preparation that contains any quantity" of either compound, it is not limited to the pure chemicals. The history line of 37-2705 ends "am. 2025, ch. 8, sec. 1, p. 15; am. 2026, ch. 90, sec. 1, p. 477," so the schedule as amended in 2026 is the current one.

Psilocybin is not among the opium, opiate and coca items in chapter 27's definition of "narcotic drug" (37-2701), so Idaho's penalty tiers treat it as a nonnarcotic Schedule I drug. That classification matters, because Idaho grades its drug penalties by schedule and by narcotic status.

Are psilocybin spores illegal in Idaho?

Idaho's Schedule I names them. Item (34) of 37-2705(d) lists:

"(34) Spores or mycelium capable of producing mushrooms that contain psilocybin or psilocin."

Spores and mycelium listed in item (34) are Schedule I substances in their own right, so the possession and delivery offenses described below can be charged for them as for psilocybin. By contrast, the federal Schedule I list names only the two compounds, not mushrooms or spores (see the federal section below).

Idaho added spores and mycelium to Schedule I in 2004 (S 1371, 2004 Session Laws Ch. 302, effective July 1, 2004). The 2026 schedule update, H 777 (2026 Session Laws, Ch. 90), renumbered the entry from (35) to (34) without changing its wording.

Possession and other penalties

Possession is a misdemeanor. Idaho Code 37-2732(c) provides:

"(c) It is unlawful for any person to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this chapter. ... (3) Any person who violates this subsection and has in his possession a controlled substance which is a nonnarcotic drug classified in schedule I except lysergic acid diethylamide, or a controlled substance classified in schedules III, IV, V and VI is guilty of a misdemeanor and upon conviction thereof may be imprisoned for not more than one (1) year, or fined not more than one thousand dollars ($1,000), or both."

LSD is carved out of that misdemeanor tier; psilocybin is not. The tiers in 37-2732 that apply to psilocybin are not graded by weight, and Idaho's weight-based trafficking statute, 37-2732B, does not name psilocybin, psilocyn or mushrooms.

The public-use offense in 37-2732C applies to anyone, not only to sellers. Subsection (a) makes it unlawful "for any person on a public roadway, on a public conveyance, on public property or on private property open to the public, to use or be under the influence of any controlled substance specified in subsection (b), (c), (d), (e) and (f) of section 37-2705," and subsection (d) of 37-2705 is the hallucinogen list that includes psilocybin. The section's later subsections add treatment options and longer terms for some repeat violations.

Manufacture, delivery and intent to deliver

Manufacturing or delivering psilocybin, or possessing it with intent to do either, is a felony. Section 37-2732(a) makes it unlawful "to manufacture or deliver, or possess with intent to manufacture or deliver, a controlled substance," and subsection (a)(1)(B) sets the penalty for a nonnarcotic Schedule I drug:

"(B) Any other controlled substance which is a nonnarcotic drug classified in schedule I, or a controlled substance classified in schedule III, is guilty of a felony and upon conviction may be imprisoned for not more than five (5) years, fined not more than fifteen thousand dollars ($15,000), or both;"

Chapter 27 defines "manufacture" broadly: it "means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, and includes extraction, directly or indirectly, from substances of natural origin." Producing psilocybin mushrooms can therefore be charged as manufacture under 37-2732(a), with the same felony range.

Since 2024, Idaho Code 37-2734D has also made drug-induced homicide a separate felony. It provides that a person is guilty if "(a) The person has violated the provisions of section 37-2732(a), 37-2732B, or 37-2732D, Idaho Code, and has provided a controlled substance to a person; and (b) A person died as a result of the injection, inhalation, ingestion, or administration by any other means of any amount of such controlled substance," and that the offense is "punishable by imprisonment for an indeterminate term of life and a maximum fine of twenty-five thousand dollars ($25,000)." Psilocybin is a controlled substance, so the section reaches a delivery of psilocybin that results in a death.

Repeat-offense and location enhancements

Idaho's enhancements depend on which subsection of 37-2732 a conviction falls under.

• Second or subsequent offenses. Under 37-2739(a), a person "convicted of a second or subsequent offense under this act, who is not subject to a fixed minimum term under section 37-2739B, Idaho Code, may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both."
• Repeat felony delivery. Section 37-2739A applies to a person convicted of a felony delivery offense under 37-2732(a) who, within the past ten years, was convicted of a felony for dealing, selling or trafficking in controlled substances. That person "shall be sentenced to the custody of the state board of correction for a mandatory minimum period of time of not less than three (3) years or for such greater period as the court may impose up to a maximum of life imprisonment." The statute adds that the three-year minimum "shall not be reduced and shall run consecutively to any other sentence imposed by the court."
• Delivery to minors. Section 37-2737 provides that "Any person eighteen (18) years of age or over who violates section 37-2732(a), Idaho Code, by distributing any nonnarcotic drug classified in schedule I ... to a person under eighteen (18) years of age who is at least three (3) years his junior is punishable by the fine authorized by section 37-2732(a)(1)(B), (C) or (D), Idaho Code, by a term of imprisonment of up to twice that authorized by section 37-2732(a)(1)(B), (C) or (D), Idaho Code, or by both." For psilocybin, a nonnarcotic Schedule I drug, that is up to twice the five-year term in 37-2732(a)(1)(B) and the $15,000 fine.
• Schools. Section 37-2739B(b) allows fixed minimum terms when a violation occurred on or within 1,000 feet of a primary or secondary school, or consisted of delivery to a minor under 18. By its text it applies to "any person who is found guilty of violating the provisions of section 37-2732(a)(1)(A), Idaho Code," the narcotic Schedule I and Schedule II tier. Psilocybin offenses fall under 37-2732(a)(1)(B), so the text of 37-2739B(b) does not reach them; the minors enhancement that does reach psilocybin is 37-2737, which applies when the person delivering is 18 or older and at least three years older than the minor.
• Children present. Section 37-2737A makes it unlawful "to manufacture or deliver, or possess with the intent to manufacture or deliver, a controlled substance as defined in schedules I, II, III and IV in this chapter, upon the same premises where a child under the age of eighteen (18) years is present." "Premises" means a motor vehicle or vessel, a dwelling or rental unit, or a dwelling house, its curtilage and any other outbuildings. A violation involving psilocybin is a felony punishable by up to five years, a fine up to $5,000, or both, and under subsection (5) the fine is "in addition to the fine imposed for any other offense, and any term of imprisonment shall be consecutive to any term imposed for any other offense."
• Firearms. Under Idaho Code 19-2520, a person convicted under 37-2732(a) (delivery, manufacture or possession with intent to deliver) "who displayed, used, threatened, or attempted to use a firearm or other deadly weapon while committing or attempting to commit the crime, shall be sentenced to an extended term of imprisonment," computed "by increasing the maximum sentence authorized for the crime for which the person was convicted by fifteen (15) years." The extended term applies only if that fact "is separately charged in the information or indictment and admitted by the accused or found to be true by the trier of fact."

Overdose protection

Idaho Code 37-2739C protects a person who calls for help in a drug emergency, and the person having it, from some possession charges:

"A person acting in good faith who seeks medical assistance for any person experiencing a drug-related medical emergency shall not be charged or prosecuted for possession of a controlled substance pursuant to section 37-2732(c) or (e), Idaho Code, for using or being under the influence of a controlled substance pursuant to section 37-2732C(a), Idaho Code, or for using or possessing with intent to use drug paraphernalia pursuant to section 37-2734A(1), Idaho Code, if the evidence ... was obtained as a result of the person seeking medical assistance."

The protection covers those listed offenses only, and the statute provides that it is not grounds to suppress evidence in other charges.

Therapy programs, research and future changes

Idaho has not enacted a psilocybin therapy, psilocybin-specific research or decriminalization statute, and no 2025 or 2026 Idaho act addresses psilocybin other than the routine schedule updates (2025 Session Laws, Ch. 8, and 2026 Session Laws, Ch. 90), which keep the psilocybin, psilocyn and spore entries.

The only related measure was HJR 3 (2025), a proposed constitutional amendment. Its status page describes it this way:

"ILLEGAL DRUGS - States findings of the Legislature and proposes an amendment to the Idaho Constitution requiring a 2/3 vote of the Legislature to legalize certain illegal drugs."

HJR 3 passed the House State Affairs Committee and second reading, and on March 5, 2025 the House returned it to the State Affairs Committee by unanimous consent. It went no further.

Research. Idaho Code 37-2716(f) provides: "Practitioners registered under federal law to conduct research with schedule I substances may conduct research with schedule I substances within this state upon registering in Idaho and furnishing the board with evidence of the practitioner's federal registration." That is a registration route for researchers, not a program open to the public.

FDA approval and federal rescheduling. Chapter 27 contains no provision that changes psilocybin's status when the FDA approves a psilocybin drug. The route a federal change would take is 37-2702(d): if a substance is rescheduled or deleted under federal law and notice is given to the board, the board "shall similarly control the substance under this act by promulgating a temporary rule or proposing a statutory amendment, or both, within thirty (30) days from publication in the federal register of a final order," unless the board objects within that period.

Local measures. This page does not cover city or county measures. Idaho's state drug statutes apply throughout the state.

Federal psilocybin law

Federal law lists psilocybin and psilocyn in Schedule I, in 21 CFR 1308.11(d) items (29) and (30), covering any material, compound, mixture or preparation that contains any quantity of them; the federal list names the two compounds and no mushroom, spore or plant material. Under 21 U.S.C. 844(a), simple possession of a controlled substance is a federal misdemeanor punishable by up to one year and a minimum $1,000 fine for a first offense. The Federal Register shows no DEA or HHS proposal to move psilocybin out of Schedule I through October 11, 2026. The FDA has granted Breakthrough Therapy designations and, in April 2026, national priority vouchers to psilocybin drug programs, which the FDA says are not a determination of safety or effectiveness, and Executive Order 14401 (April 18, 2026) directs a rescheduling review without itself rescheduling anything. Federal law still lists psilocybin in Schedule I in Idaho and every other state. Our psilocybin mushroom laws by state hub covers the federal layer in more detail.

Driving and criminal records

Idaho's DUI statute, Idaho Code 18-8004(1)(a), makes it unlawful for a person "who is under the influence of alcohol, drugs or any other intoxicating substances, or any combination of alcohol, drugs and/or any other intoxicating substances" to drive or be in actual physical control of a motor vehicle. The per se tests in subsection (1) are alcohol-concentration limits only (0.08, 0.04 for commercial vehicles and 0.02 for drivers under 21); it has no per se clause for a drug or drug concentration. See our guide to Idaho DUI laws.

A psilocybin conviction is a criminal record in Idaho, whether it is the misdemeanor possession offense or a felony. For how Idaho handles records, see Idaho expungement laws.

Related

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

This article provides general legal information about Idaho state law as of October 11, 2026. It is not legal advice. Legislation and federal scheduling actions can change the rules. For advice about a specific situation, contact a lawyer licensed in Idaho.

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in Idaho?

No. Psilocybin and psilocyn are Schedule I hallucinogens under Idaho Code 37-2705(d), and possessing them is a misdemeanor punishable by up to one year in jail and a $1,000 fine under 37-2732(c)(3).

Is possession of psilocybin a felony in Idaho?

Simple possession is a misdemeanor under 37-2732(c)(3), up to one year and $1,000. Manufacture, delivery or possession with intent to deliver is a felony under 37-2732(a)(1)(B), up to five years and $15,000.

Are psilocybin mushroom spores illegal in Idaho?

Idaho Code 37-2705(d)(34) lists spores or mycelium capable of producing mushrooms that contain psilocybin or psilocin as a Schedule I substance, so the same possession and delivery offenses can be charged for them as for psilocybin.

Has Idaho decriminalized psilocybin?

No. Idaho has no psilocybin decriminalization statute, therapy program or psilocybin-specific research program; federally registered researchers may study Schedule I substances after registering with the Board of Pharmacy under 37-2716(f). The only related measure of 2025-2026, the proposed constitutional amendment HJR 3 (2025), was returned to committee on March 5, 2025.

What happens for a second psilocybin offense in Idaho?

Under 37-2739(a), a second or subsequent offense under the act can be punished by up to twice the term and fine otherwise authorized. Section 37-2739A sets a mandatory minimum of three years for a felony delivery conviction by a person with a felony dealing, selling or trafficking conviction in the past ten years.

Would FDA approval of a psilocybin drug change Idaho law?

Chapter 27 has no provision tied to FDA approval. If psilocybin were rescheduled by a federal final order, 37-2702(d) requires the Board of Pharmacy to similarly control it within 30 days, by temporary rule or a proposed statutory amendment, unless the board objects.

Can I get a DUI for psilocybin in Idaho?

Idaho Code 18-8004(1)(a) makes it unlawful to drive under the influence of alcohol, drugs or any other intoxicating substances. Its per se tests are alcohol-concentration limits only; it has no per se drug-concentration clause.