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

Magic mushrooms are illegal in Illinois. Psilocybin and psilocyn are Schedule I controlled substances under 720 ILCS 570/204, possessing any amount is a Class 4 felony under 720 ILCS 570/402(c), and Illinois has no decriminalization, therapy or medical psilocybin program in force. 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 Illinois state law: the Illinois Controlled Substances Act (720 ILCS 570, Sections 102, 201, 204, 302, 401, 402, 407, 410 and 414), the felony sentencing ranges in 730 ILCS 5/5-4.5, the Breakthrough Therapies advisory council statutes, and the status of psilocybin bills in the 104th General Assembly, with one paragraph on federal law. It does not cover city or county resolutions, workplace or school policies, military rules, or other states' laws. State law applies everywhere in Illinois.

Are magic mushrooms legal in Illinois?

No. Illinois lists psilocybin and psilocyn, the two compounds in psilocybin mushrooms, in Schedule I under its hallucinogenic substances:

"(d) Unless specifically excepted or unless listed in another schedule, 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 such salts, isomers, and salts of isomers is possible within the specific chemical designation ... (16) Psilocybin; (17) Psilocyn;" (720 ILCS 570/204(d))

The listing names the chemicals, not the mushroom. Because it reaches "any material, compound, mixture, or preparation" containing any quantity of either compound, it covers mushrooms that contain them. Section 204 was last amended by Public Act 103-245, effective January 1, 2024, and the matching schedule rule is 77 Ill. Adm. Code 2070.675, headed "Psilocybin."

No Public Act of 2025 or 2026 has changed psilocybin's status.

Psilocybin possession penalties

Possessing psilocybin in any amount is a felony in Illinois, not a misdemeanor. Section 402(c) is the possession offense for controlled substances that have no weight tier of their own:

"(c) Any person who violates this Section with regard to an amount of a controlled substance other than methamphetamine or counterfeit substance not set forth in subsection (a) or (d) is guilty of a Class 4 felony. The fine for a violation punishable under this subsection (c) shall not be more than $25,000." (720 ILCS 570/402(c))

The weight tiers in Section 402(a) cover narcotic drugs and phencyclidine, and none names psilocybin, psilocyn or hallucinogens. So possession of psilocybin is a Class 4 felony whatever the amount. A Class 4 felony carries "not less than one year and not more than 3 years" in prison, with an extended term of 3 to 6 years (730 ILCS 5/5-4.5-45(a)).

First-offender probation under Section 410

Illinois has a probation route for a first possession offense. It applies to a person who "has not previously been convicted of any felony offense under this Act or any law of the United States or of any State relating to cannabis or controlled substances" and who pleads guilty to or is found guilty of possession under Section 402(c). In that case, "the court, without entering a judgment and with the consent of such person, may sentence him or her to probation" (720 ILCS 570/410(a)). The probation period is 24 months (410(b)).

The court "may" use this route; it is not automatic, and the section sets conditions the person must meet. Section 410 was amended most recently by Public Act 104-417, effective August 15, 2025. Possession under Section 402(c) has no separate higher tier for a repeat offense, but a prior felony drug conviction rules out Section 410 probation. Section 410 also allows only one discharge and dismissal within any 4-year period (410(h)).

Selling, delivering or growing psilocybin

Section 401, the Act's manufacture and delivery offense, also covers possession with intent to deliver. Its tiers turn on the weight of "any substance containing" a Schedule I substance:

Subsection (e) sets the base tier: "Any person who violates this Section with regard to any other amount of a controlled substance other than methamphetamine or counterfeit substance classified in Schedule I or II, or an analog thereof, which substance is not included under subsection (d) of this Section, is guilty of a Class 3 felony." Subsection (d), the Class 2 tier, lists other drugs and does not name psilocybin. The prison ranges come from 730 ILCS 5/5-4.5-25 (Class X), -30 (Class 1) and -40 (Class 3).

The tiers count the weight of "any substance containing" the controlled substance, and the text has no carve-out for the rest of the material. This page does not address how Illinois courts have applied that language to mushrooms.

The Act defines "production" to include "manufacture, planting, cultivating, growing, or harvesting of a controlled substance other than methamphetamine" (720 ILCS 570/102). Section 401 has no separate cultivation offense for psilocybin; growing falls under the general manufacture offense.

School zones and other enhanced locations

Section 407 raises the class when delivery happens in or within 500 feet of a school, public park, place of worship or senior facility, subject to the statute's conditions for each location. For psilocybin:

• A 401(e) amount becomes a Class 2 felony with a fine of up to $200,000 (407(b)(3)).
• A 401(c) amount becomes a Class X felony with a fine of up to $500,000 (407(b)(1)).
• Delivery by a person 18 or older to a person under 18 allows up to twice the prison term and fine (407(a)).

Section 407 also has a 500-foot tier for truck stops and safety rest areas.

Overdose immunity

Section 414 gives limited immunity from arrest, charge or prosecution under Sections 401 and 402 to a person who seeks emergency help in good faith for an overdose, but only for a person possessing the amounts listed in 414(d). That list names specific drugs, including peyote and LSD, and a catch-all for narcotic drugs; it does not name psilocybin or psilocyn. The text of Section 414 does not answer whether the immunity reaches psilocybin possession, and this page takes no position on it.

Psilocybin bills in Illinois (2025-2026)

Illinois has no enacted psilocybin reform. Four bills in the 104th General Assembly address it, and none has become law.

SB2772 is an advisory-board bill, not legalization. As engrossed, it would study the question and report recommendations, which could include a regulatory framework if the board recommends legalization, and it would not itself change any penalty. The 104th General Assembly runs until January 2027, so these bills could still move in the fall veto session; a bill that has not passed both chambers and become a Public Act is not law.

Research registration and the veterans advisory council

Illinois does not have a psilocybin research act, but the Controlled Substances Act has a general research route. Under Section 302(a), every person who "engages in chemical analysis, research, or instructional activities which utilize controlled substances" must obtain a registration issued by the Department of Financial and Professional Regulation. A registrant may possess and use controlled substances only within that registration. Section 302 was last amended by Public Act 104-336, effective January 1, 2026, and the registration requirement quoted here is in the current text.

Illinois also has a Breakthrough Therapies for Veteran Suicide Prevention Program Advisory Council. It "shall advise the Department on the rules and clinical infrastructure necessary to support clinical access to and training for medication-assisted United States Food and Drug Administration breakthrough therapies for veteran suicide prevention." The current section, 20 ILCS 2205/2205-36 (Department of Healthcare and Family Services), is scheduled for repeal on January 1, 2027, and the version of 20 ILCS 2305/8.6 from Public Act 104-576, effective January 1, 2027, continues the Council under the Department of Public Health. Neither section mentions psilocybin or changes Schedule I.

Local measures

This page does not cover any Illinois city or county resolution on psychedelics. Whatever a local body adopts, state law still applies: the Schedule I listing and the felony penalties above apply in every Illinois city and county.

Federal status and what would change Illinois law

Psilocybin and psilocyn are also federal Schedule I substances (21 CFR 1308.11(d)(29)-(30), October 6, 2026 version), and federal simple possession is a misdemeanor under 21 U.S.C. 844(a), carrying up to 1 year and a minimum $1,000 fine for a first offense. As of October 2026, no federal rescheduling of psilocybin is pending in the Federal Register and no psilocybin drug is FDA-approved. Executive Order 14401 (April 18, 2026) directs a rescheduling review for Schedule I drugs that complete Phase 3 trials, but it does not reschedule psilocybin. The psilocybin mushroom laws by state hub covers the federal layer in full.

Illinois has no trigger law tied to FDA approval of psilocybin. It does have a federal-adoption clause: under 720 ILCS 570/201(d), as amended by Public Act 104-819 (effective August 7, 2026), if a substance is "scheduled, rescheduled, or deleted as a controlled substance under Federal law and notice thereof is given to the Department," the Department of Human Services "shall similarly control the substance under this Act after the expiration of 30 days from publication in the Federal Register of a final order." If the Department does not act within those 30 days, "the substance shall be considered scheduled, rescheduled, or deleted in the same manner as the federal law," unless within that period the Department objects or an adversely affected party files substantial written objections. A future federal rescheduling of psilocybin by final order would flow into Illinois this way unless an objection is filed. The Department may also reschedule substances by administrative rule (720 ILCS 570/201(a)).

Driving and criminal records

Illinois DUI law has an any-amount rule: a person may not drive with "any amount of a drug, substance, or compound in the person's breath, blood, other bodily substance, or urine resulting from the unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances Act" (625 ILCS 5/11-501(a)(6)), and psilocybin and psilocyn are on that list. See Illinois DUI laws for those offenses and penalties.

A psilocybin conviction is a felony record. Whether and when it can be sealed or expunged is covered in Illinois expungement and record sealing laws.

Related

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

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

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in Illinois?

No. Psilocybin and psilocyn are Schedule I controlled substances under 720 ILCS 570/204, and possessing any amount is a Class 4 felony under 720 ILCS 570/402(c). Illinois has no decriminalization or therapy program.

Is possession of psilocybin a felony in Illinois?

Yes. Possession of any amount is a Class 4 felony with a fine of up to $25,000 (720 ILCS 570/402(c)), and a Class 4 felony carries 1 to 3 years (730 ILCS 5/5-4.5-45). A first-offender probation route exists under 720 ILCS 570/410.

What is the penalty for selling mushrooms in Illinois?

Delivery or possession with intent to deliver is a Class 3 felony with a fine of up to $150,000 (720 ILCS 570/401(e)). At 50 to under 200 grams of a substance containing psilocybin it is a Class 1 felony, and at 200 grams or more a Class X felony carrying 6 to 30 years.

Are psilocybin spores illegal in Illinois?

The Illinois Schedule I listing names the chemicals psilocybin and psilocyn and reaches any material containing them; it does not mention mushrooms or spores by name. Growing a controlled substance falls within the Act’s definition of production.

Did Illinois legalize psilocybin therapy?

No. HB1143 and SB2184 (the CURE Act) and HB2992 (a pilot-program bill) sit in committee, and SB2772, which would only create a psilocybin advisory board, stalled in the House Rules Committee in May 2026. None is law.

Is psilocybin legal federally?

No. Psilocybin and psilocyn are federal Schedule I substances (21 CFR 1308.11(d)), and federal simple possession is a misdemeanor under 21 U.S.C. 844(a). As of October 2026, psilocybin has not been federally rescheduled and no psilocybin drug is FDA-approved.