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

Psilocybin mushrooms are illegal in Indiana. Psilocybin and psilocyn are listed by name in Indiana's Schedule I (IC 35-48-2-4(d)), so possessing them without a valid prescription is a Class A misdemeanor under IC 35-48-4-7 (a Level 6 felony with an enhancing circumstance), and manufacturing or delivering them is a felony. Indiana's psilocybin and ibogaine research fund (IC 12-21-9) pays for institutional studies and changes none of these rules. 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 Indiana state law on psilocybin and psilocyn: Schedule I (IC 35-48-2-4), the possession and dealing offenses in IC 35-48-4, the enhancing circumstances in IC 35-48-1.1-18, the sentencing ranges in IC 35-50, the federal-scheduling rules in IC 35-48-2-1 and 35-48-2-14, the research fund in IC 12-21-9, and related driving and overdose provisions, with one paragraph on federal law. It does not cover city or county ordinances, other psychedelics, employer drug-testing policies, military rules or other states' laws.

Are magic mushrooms legal in Indiana?

No. Indiana's Schedule I lists psilocybin and psilocyn among its hallucinogenic substances. IC 35-48-2-4(d) reads:

"(d) Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic, psychedelic, or psychogenic substances, their salts, isomers, and salts of isomers whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this subsection only, the term "isomer" includes the optical, position, and geometric isomers): ... Psilocybin (7437). Psilocyn (7438)."

The listing reaches "any material, compound, mixture, or preparation which contains any quantity" of either compound. The schedule sets no minimum amount, and it names the compounds rather than the mushrooms that contain them.

Mushrooms, spores and what the schedule covers

Indiana's Schedule I and the controlled-substance offense chapter (IC 35-48-4) do not use the words "mushroom" or "spore." Control attaches to psilocybin and psilocyn and to any material containing any quantity of them. The Code has no spore-specific provision, and this page cites no Indiana court decision on spores. Whether a given item is covered turns on whether it contains a listed compound. Growing mushrooms that contain psilocybin is a different question: it falls within Indiana's definitions of production and manufacture (IC 35-48-1.1-36 and 35-48-1.1-28), which makes it a felony dealing offense.

Penalties for psilocybin in Indiana

Possession

IC 35-48-4-7 governs possession of Schedule I substances:

"(a) A person who, without a valid prescription or order of a practitioner acting in the course of the practitioner's professional practice, knowingly or intentionally possesses a: (1) controlled substance or controlled substance analog (pure or adulterated), classified in schedule I, except marijuana, hashish, or salvia; ... commits possession of a controlled substance, a Class A misdemeanor, except as provided in subsection (b). (b) The offense is a Level 6 felony if the person commits the offense and an enhancing circumstance applies."

Possession under this section is a misdemeanor at any weight unless an enhancing circumstance applies. Two limits matter. At 28 grams or more, weight alone can support a dealing charge for possession with intent to deliver (IC 35-48-4-2(b)). And growing is not possession: Indiana defines "production" to include planting, cultivating, growing or harvesting a controlled substance (IC 35-48-1.1-36), and "manufacture" to include production and propagation (IC 35-48-1.1-28), so growing mushrooms that contain psilocybin can be charged as dealing. Because manufacturing is itself an enhancing circumstance, that charge is at least a Level 5 felony.

Dealing (manufacture, delivery or possession with intent)

IC 35-48-4-2 covers anyone who knowingly or intentionally manufactures, finances the manufacture of, delivers or finances the delivery of a Schedule I substance, "pure or adulterated," or possesses it with intent to do so. The base offense is "dealing in a schedule I, II, or III controlled substance, a Level 6 felony," and the level rises with "the amount of the drug involved."

A conviction for possession with intent to deliver needs more than weight alone. Under IC 35-48-4-2(b), it is allowed only if "there is evidence in addition to the weight of the drug that the person intended to manufacture, finance the manufacture of, deliver, or finance the delivery of the drug" or "the amount of the drug involved is at least twenty-eight (28) grams."

Penalty table

The tiers measure "the amount of the drug involved," and both sections apply to the substance "pure or adulterated." The Code text quoted here does not say how the weight of a mushroom is counted; for a specific charge, that is a question for a lawyer licensed in Indiana.

Enhancing circumstances

IC 35-48-1.1-18 defines the enhancing circumstances that turn possession into a Level 6 felony and move dealing up a level. The list begins:

"(1) The person has a prior conviction for dealing in a controlled substance that is not marijuana, hashish, hash oil, or salvia divinorum. (2) The person committed the offense while in possession of a firearm. (3) The person committed the offense: (A) on a school bus; or (B) in, on, or within five hundred (500) feet of: (i) school property while a person under eighteen (18) years of age was reasonably expected to be present; or (ii) a public park while a person under eighteen (18) years of age was reasonably expected to be present. (4) The person delivered or financed the delivery of the drug to a person under eighteen (18) years of age at least three (3) years junior to the person. (5) The person manufactured or financed the manufacture of the drug."

The section lists further circumstances after these. It was amended by a 2026 act (P.L.145-2026); the text quoted is from the 2026 edition of the Code. Because manufacturing is itself on the list, a manufacturing charge is always enhanced: under 1 gram it is a Level 5 felony (IC 35-48-4-2(c)(2)).

The marijuana conditional discharge does not apply

Indiana's conditional discharge for a first possession offense, IC 35-48-4-12, is limited to marijuana, hashish, salvia and smokable hemp. It does not reach psilocybin or psilocyn.

Other routes are discretionary rather than automatic. A prosecutor may offer pretrial diversion for a misdemeanor or a Level 6 or Level 5 felony (IC 33-39-1-8), and a court may, with the defendant's and the prosecutor's consent, defer a misdemeanor in which drug use is a contributing factor or material element for up to one year and dismiss it if the conditions are met (IC 12-23-5-2 and 12-23-5-4).

Overdose response immunity

IC 16-42-27-2(h) gives immunity from prosecution for possession of a controlled substance under IC 35-48-4-7, among other listed offenses, to a person who meets the conditions in subsection (g). Those conditions are tied to obtaining and administering an overdose intervention drug to someone who appeared to be experiencing an opioid-related overdose, then requesting emergency help and cooperating with law enforcement. It is not a general immunity for anyone who calls for help.

Indiana's psilocybin and ibogaine research fund

IC 12-21-9, added in 2024 (P.L.152-2024) and expanded to ibogaine in 2025 (P.L.213-2025), creates a state research fund. IC 12-21-9-4 provides:

"The therapeutic psilocybin and ibogaine research fund is established for the purpose of providing financial assistance to research institutions in Indiana to study, in accordance with the requirements established in section 7 of this chapter, the use of psilocybin and ibogaine to treat mental health and other medical conditions."

The chapter's main terms:

• Who runs it. The Division of Mental Health and Addiction administers the fund. IC 12-21-9-9 required the division to set up its application process "Not later than July 1, 2024."
• Where the money comes from. The fund consists of money from state or federal grants or programs and gifts, donations and transfers from other funds, plus investment interest; it is continuously appropriated and does not revert (IC 12-21-9-6).
• Who can receive grants. An eligible research institution must include an academic institution with an institutional review board, a record of published peer-reviewed clinical trials and access to a clinical research center.
• Study requirements. Funded studies must include veterans and first responders in the study sample, compare efficacy with other treatments, and require each participant to undergo a mental health evaluation before entering the study.
• Reporting. Results and any recommendations for legislation go to the interim study committee, the Department of Health and the division.

The fund pays for institutional research. It creates no treatment program and gives no individual a right to possess psilocybin. Schedule I and the IC 35-48-4 offenses apply to everyone outside an authorized study.

Separately, the controlled-substances act allows registered practitioners to conduct research with Schedule I substances. Under IC 35-48-3-3(d), "Registration to conduct research or instructional activities with controlled substances in schedules I through V does not entitle a registrant to conduct research or instructional activities with controlled substances other than those approved by the board in accordance with the registration."

Decriminalization, therapy programs and trigger laws

Indiana has no psilocybin decriminalization statute, no state-licensed psilocybin services program and no law that changes psilocybin's status if the FDA approves a psilocybin drug. Outside IC 35-48-2-4(d), the only Indiana statute with substantive psilocybin provisions is the research-fund chapter, IC 12-21-9 (a 2026 definitions section, IC 12-7-2.1-268, cross-references it). The 2026 edition of the Code shows no 2026 act amending the psilocybin entry in IC 35-48-2-4(d) or IC 12-21-9.

What Indiana does have is a general rule for following federal scheduling. If federal law moves a substance to a more restrictive schedule, IC 35-48-2-1(d) has the Board of Pharmacy "recommend similar control of the substance under this article in the board's report to the general assembly, unless the board objects." In the other direction, IC 35-48-2-1(e) provides: "If a substance is rescheduled to a less restrictive schedule or deleted as a controlled substance under federal law, the substance is rescheduled or deleted under this article." The same subsection then gives the board a procedure to object; if the board objects, the substance "may not be rescheduled or deleted until the conclusion of the next complete session of the general assembly." Separately, IC 35-48-2-14 lets the board adopt rules to reclassify a controlled substance to a less restrictive schedule, or as a substance that is not a controlled substance, if "the same reclassification has been made in a controlled substance schedule under federal law," and a person who acts in compliance with the requirements applicable to the less restrictive schedule "does not commit an offense under this article." No federal rescheduling of psilocybin has happened, so neither provision has been triggered.

This page names no Indiana city or county psilocybin measure. State law applies throughout Indiana.

Federal psilocybin law

Psilocybin and psilocyn remain federal Schedule I hallucinogens (21 CFR 1308.11(d)(29)-(30)), and the federal listing, like Indiana's, reaches any material or preparation containing any quantity of them. Simple possession of a controlled substance is a federal misdemeanor under 21 U.S.C. 844(a), punishable by up to 1 year and a minimum $1,000 fine for a first offense. As of October 2026 no federal notice or rule to reschedule psilocybin has been published, and the FDA has not approved a psilocybin drug. Executive Order 14401 (April 2026) directs federal agencies to speed review of psychedelic drugs, but it does not reschedule psilocybin and states that it creates no enforceable right; FDA has said that its national priority vouchers and Breakthrough Therapy designations for psilocybin programs are not "a determination of safety or effectiveness." Our psilocybin mushroom laws by state hub covers the federal layer in more detail.

Driving and criminal records

Under IC 9-30-5-1(c), a person who operates a vehicle "with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's blood commits a Class C misdemeanor," and psilocybin and psilocyn are listed in Schedule I by name. Separately, operating while intoxicated is a Class C misdemeanor under IC 9-30-5-2, or a Class A misdemeanor if it endangers a person, and IC 9-13-2-86 defines "intoxicated" to include being under the influence of a controlled substance so that there is "an impaired condition of thought and action and the loss of normal control of a person's faculties." Our guide to Indiana DUI laws covers penalties.

A conviction for possession or dealing creates a criminal record. Whether and when it can be sealed is covered in our guide to Indiana expungement laws.

Related

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

This article provides general legal information about Indiana state law as of October 11, 2026. It is not legal advice. Quotations of the Indiana Code come from the 2026 edition published by the Indiana General Assembly. Bills from the 2027 session could change these rules; check the General Assembly's website for current law. For advice about a specific situation, contact a lawyer licensed in Indiana.

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in Indiana?

No. Psilocybin and psilocyn are Schedule I substances under IC 35-48-2-4(d), and possessing them without a valid prescription is a Class A misdemeanor under IC 35-48-4-7, or a Level 6 felony with an enhancing circumstance.

What is the penalty for psilocybin possession in Indiana?

A Class A misdemeanor carries up to 1 year and a fine of up to $5,000 (IC 35-50-3-2). With an enhancing circumstance it is a Level 6 felony: 6 months to 2.5 years, advisory sentence 1 year, and a fine of up to $10,000 (IC 35-50-2-7(b)).

Is selling psilocybin mushrooms a felony in Indiana?

Yes. Delivering a Schedule I substance, or possessing it with intent to deliver, is dealing under IC 35-48-4-2, a Level 6 felony at minimum that rises with the amount of the drug involved, up to a Level 2 felony at 28 grams or more. Manufacturing, including growing, starts at Level 5 because it is itself an enhancing circumstance.

Are psilocybin mushroom spores legal in Indiana?

Indiana's Schedule I names psilocybin and psilocyn, not mushrooms or spores, and the controlled-substance chapters contain no spore-specific provision. Whether a particular item falls under the schedule depends on whether it contains the listed compounds; for a specific situation, ask a lawyer licensed in Indiana. Growing mushrooms that contain psilocybin is manufacture under Indiana law, a felony.

Has Indiana legalized psilocybin therapy?

No. IC 12-21-9 creates a research fund that gives grants to Indiana research institutions to study psilocybin and ibogaine. It sets up no treatment program and gives no individual a right to possess psilocybin.

Would FDA approval of a psilocybin drug change Indiana law?

Indiana has no FDA-approval trigger law. If federal law moved psilocybin to a less restrictive schedule, IC 35-48-2-1(e) provides that it is rescheduled under Indiana law too; a Board of Pharmacy objection delays the change until the end of the next complete General Assembly session, and IC 35-48-2-14 separately lets the board follow the federal change by rule.