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

No. Psilocybin and psilocyn (also called psilocin) are Schedule I hallucinogenic substances under K.S.A. 65-4105(d)(23) and (24), and possessing them is a class A nonperson misdemeanor under K.S.A. 21-5706(b)(3) and (c)(2), punishable by up to one year in county jail and a fine of up to $2,500. Kansas has no psilocybin therapy program, decriminalization law or FDA-approval trigger law; the one 2025-26 bill that would have carved out an FDA-approved psilocybin drug was stricken from the House calendar. 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 Kansas state law on psilocybin: the Schedule I entries in K.S.A. 65-4105(d), the possession, distribution, manufacture, paraphernalia and communication-facility offenses in K.S.A. 21-5706, 21-5705, 21-5703, 21-5709 and 21-5707 with the definitions in 21-5701, the drug sentencing grid in 21-6805 and the penalty statutes 21-6602 and 21-6611, the Board of Pharmacy's scheduling powers in K.S.A. 65-4102, research registration under 65-4116, overdose immunity under 22-2312, the failed 2025-26 FDA-carve-out bill (HB 2218), and the drug-impairment clause of the DUI statute, 8-1567, with one paragraph on federal law. It does not cover city or county ordinances, tribal or federal land, employer drug-testing policies or other states' laws.

Are magic mushrooms legal in Kansas?

No. Kansas sets its controlled-substance schedules by statute, and the hallucinogens subsection of Schedule I lists both psilocybin compounds:

"(d) 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: ... (23) Psilocybin 7437 (24) Psilocyn 7438 Some trade or other names: Psilocin."

The schedule names the compounds, not the mushroom; the words "mushroom" and "spore" do not appear in it. What it reaches is "any material, compound, mixture or preparation that contains any quantity" of psilocybin or psilocyn, with no concentration threshold. The numbers 7437 and 7438 are the DEA controlled substances codes.

The two 2026 acts that amended 65-4105, HB 2365 and SB 430 (both effective July 1, 2026), added kratom compounds to a different subsection and left the psilocybin and psilocyn entries in (d)(23) and (24) unchanged.

Possession penalties

K.S.A. 21-5706(b) makes it unlawful to possess listed controlled substances, including "(3) any hallucinogenic drug designated in K.S.A. 65-4105 (d), 65-4107 (g) or 65-4109 (g), and amendments thereto." Under 21-5706(c)(2)(A), "Violation of subsection (b) is a class A nonperson misdemeanor, except as provided in subparagraph (B)." That subsection is also subject to an exception in (c)(3).

The class A range comes from the general penalty statutes. K.S.A. 21-6602(a)(1) sets "a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one year," and K.S.A. 21-6611(b)(1) allows a fine of "a sum not exceeding $2,500." Neither 21-5705 nor 21-5706 sets a separate mandatory minimum term for psilocybin.

Quantity can change the charge. Under K.S.A. 21-5705(e), "there shall be an inference of an intent to distribute if such an inference is supported by the facts" when a person possesses "100 dosage units or more containing any other controlled substance" or "100 grams or more of any other controlled substance." That inference can support a felony distribution charge instead of a misdemeanor possession charge.

Prior convictions

Subparagraph (B) raises some repeat possession offenses to a felony. It provides that a violation of subsection (b)(1) through (b)(5) or (b)(7), which includes the hallucinogens paragraph (b)(3), "is a drug severity level 5 felony if that person has a prior conviction under such subsection, under K.S.A. 65-4162, prior to its repeal, under a substantially similar offense from another jurisdiction, or under any city ordinance or county resolution for a substantially similar offense if the substance involved was 3, 4-methylenedioxymethamphetamine (MDMA), marijuana as designated in K.S.A. 65-4105 (d), and amendments thereto, or any substance designated in K.S.A. 65-4105 (h), and amendments thereto, or an analog thereof."

The closing "if the substance involved was" clause can be read two ways: as limiting the repeat-offense felony to cases involving MDMA, marijuana or a substance in 65-4105(h), or as describing only the prior-conviction categories it follows. No Kansas court ruling on how it applies to psilocybin is cited on this page, so the effect of a prior conviction on a psilocybin possession charge is unsettled on the text. A drug severity level 5 felony carries a fine of up to $100,000 (K.S.A. 21-6611(a)(3)), and the drug sentencing grid sets a range of 10 to 42 months, with presumptive probation for a person whose record has no person felony (criminal-history categories E through I).

Sale and distribution penalties

K.S.A. 21-5705(a) makes it unlawful "to distribute or possess with the intent to distribute" listed substances, including "(4) any hallucinogenic drug designated in K.S.A. 65-4105 (d), 65-4107 (g) or 65-4109 (g), and amendments thereto." Under 21-5705(d)(1) the offense is graded by the quantity of material:

The weight counts the whole product. Under 21-5705(g)(1), "'Material' means the total amount of any substance, including a compound or a mixture, which contains any quantity of a controlled substance or controlled substance analog."

When the material is distributed by dosage unit, which 21-5705(g)(2) defines as a discrete unit "including but not limited to, one pill, one capsule or one microdot, and not distributed by weight," 21-5705(d)(4) grades the offense by count instead: level 4 for fewer than 10 units, level 3 for at least 10 but fewer than 100, level 2 for at least 100 but fewer than 1,000, and level 1 for 1,000 or more. Liquids are measured differently. For "illegally manufactured controlled substances in liquid solution," 21-5705(g)(2)(B) provides that a dosage unit "means 10 milligrams, including the liquid carrier medium."

School property. Under 21-5705(d)(6), "the severity level of the offense shall be increased one level if the controlled substance or controlled substance analog was distributed or possessed with the intent to distribute on or within 1,000 feet of any school property."

Prison terms for each felony level come from the drug sentencing grid in K.S.A. 21-6805, and where a sentence falls depends on criminal history, from category I (one misdemeanor or no record) to category A (three or more person felonies). The grid ranges are 138 to 204 months at level 1, 92 to 144 at level 2, 46 to 83 at level 3, 14 to 51 at level 4 and 10 to 42 at level 5. In grid blocks 4-E through 4-I, 5-C and 5-D the court may impose an optional nonprison sentence (21-6805(d)). A sentence under 21-5703 or 21-5705 is presumed imprisonment at two times the maximum of the presumptive term if the trier of fact finds beyond a reasonable doubt that the substance, "because of its appearance or packaging, was likely to be attractive to minors" (21-6805(i)).

Fines can reach $300,000 at levels 3 and 4 and $500,000 at levels 1 and 2 (K.S.A. 21-6611(a)(1)-(2)). Using a communication facility, such as a phone or computer network, in committing, causing or facilitating a felony under 21-5703, 21-5705 or 21-5706 is a separate nondrug severity level 8, nonperson felony, and each use may be charged separately (K.S.A. 21-5707).

Growing and manufacturing

Kansas's drug code has no provision written for mushrooms or spores, so cultivation questions run through its general definitions and offenses. K.S.A. 21-5701 defines "cultivate" as "the planting or promotion of growth of five or more plants that contain or can produce controlled substances," and 21-5705 grades cultivation by plant count, with more than 4 but fewer than 50 plants a drug severity level 3 felony. Whether fungi count as "plants" under that definition is not settled by the text.

The manufacturing offense is broader. K.S.A. 21-5703(a) provides: "It shall be unlawful for any person to manufacture any controlled substance or controlled substance analog." A violation is a "Drug severity level 2 felony, except as provided in subsections (b)(2) and (b)(3)" (21-5703(b)(1)). Under 21-5703(b)(2), it is a drug severity level 1 felony when the substance is not methamphetamine or a fentanyl-related substance and the offender has a prior manufacturing conviction that did not involve methamphetamine. A manufacturing sentence "shall not be subject to statutory provisions for suspended sentence, community service work or probation" (21-5703(e)), and 21-5703(d) provides that for a person arrested and charged under the section, "bail shall be at least $50,000 cash or surety, and such person shall not be released upon the person's own recognizance pursuant to K.S.A. 22-2802, and amendments thereto, unless the court determines, on the record, that the defendant is not likely to re-offend, the court imposes pretrial supervision, or the defendant agrees to participate in a licensed or certified drug treatment program." The definitions statute defines "manufacture" as "the production, preparation, propagation, compounding, conversion or processing of or placing into pill or capsule form a controlled substance either directly or indirectly or by extraction from substances of natural origin." How Kansas prosecutors choose between the cultivation and manufacturing offenses for psilocybin is not addressed here.

Spores. None of the schedule, definition or offense sections (K.S.A. 65-4101, 65-4105, 21-5701, 21-5703, 21-5705, 21-5706 and 21-5709) mentions spores or mushrooms. The offenses turn on whether material contains psilocybin or psilocyn, or on manufacture of those substances. Separately, K.S.A. 21-5709(b) makes it unlawful "to use or possess with intent to use any drug paraphernalia to: (1) Manufacture, cultivate, plant, propagate, harvest, test, analyze or distribute a controlled substance," which is a drug severity level 5 felony under 21-5709(e)(2)(A). K.S.A. 21-5701 defines drug paraphernalia as "all equipment and materials of any kind that are used, or primarily intended or designed for use in" those activities, among others. The misdemeanor exception in 21-5709(e)(2)(B) covers only fewer than five marijuana plants.

Recent bills: HB 2218 and the FDA carve-out

Kansas does not have a trigger law for an FDA-approved psilocybin drug. 2025-26 House Bill 2218 would have created one. The Legislature's supplemental note describes it this way:

"The bill would define 'psilocybin' as not including the pharmaceutical composition of crystalline polymorph psilocybin under any trade name approved by the FDA and would add such substance to Schedule IV of the CSA. Upon such drug's approval by the FDA, the bill would direct the Attorney General to certify the drug product's approval to the Secretary of State within seven days, and the Secretary of State would be required to publish the certification in the Kansas Register."

The bill did not pass, so Kansas law contains no exclusion for an FDA-approved psilocybin product. The Kansas schedule entries above apply to all psilocybin and psilocyn.

Therapy, decriminalization and research

Kansas has no psilocybin therapy or "natural medicine" program, no decriminalization law and no psilocybin research act. Lawful research with controlled substances runs through registration with the Kansas State Board of Pharmacy. Under K.S.A. 65-4116(b), "Persons registered by the board under this act 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 the other provisions of this act."

Overdose immunity

K.S.A. 22-2312, as amended by 2026 Substitute for HB 2250 (effective July 1, 2026), protects a person who asks for medical help for themselves or someone else because of controlled-substance use and meets the statute's cooperation conditions. Such a person "is immune from criminal prosecution for a violation of K.S.A. 21-5706 or 21-5709 (b)(2), and amendments thereto, and any city ordinance or county resolution prohibiting the acts prohibited by K.S.A. 21-5706 or 21-5709 (b)(2)." The immunity covers possession and paraphernalia, not distribution, and "No person is immune from criminal prosecution as provided in paragraph (1) if the quantity of controlled substances found at the scene of the encounter with law enforcement would be sufficient to create a rebuttable presumption of an intent to distribute as described in K.S.A. 21-5705 (e)." It also does not apply during the execution of a warrant or a lawful search, and evidence from an independent source can still be used.

Would a federal change reach Kansas?

Only through Kansas action. Under K.S.A. 65-4102(b), permanent schedule changes go through the Legislature: "Annually, the board shall submit to the speaker of the house of representatives and the president of the senate a report on substances proposed by the board for scheduling, rescheduling or deletion by the legislature with respect to any one of the schedules as set forth in this act and a report of the substances scheduled during the preceding calendar year under subsection (e), if any, along with the reasons for the proposal and the scheduling." The Board's emergency scheduling power in 65-4102(e) covers a controlled-substance analog or a "new drug," and "The scheduling of a substance under this subsection expires on July 1 of the following calendar year after the adoption of the scheduling rule and regulation." Nothing in 65-4102 makes a federal rescheduling or an FDA approval of psilocybin change the Kansas schedule automatically, which is why HB 2218 proposed a legislative carve-out.

Federal psilocybin status

Federal law lists psilocybin and psilocyn in Schedule I at 21 CFR 1308.11(d)(29) and (30), reaching any material or preparation that contains any quantity of them, and simple possession of a controlled substance is a federal misdemeanor under 21 U.S.C. 844(a), with up to one year in prison and a minimum $1,000 fine for a first offense. As of October 11, 2026, no DEA or HHS proposal to move psilocybin out of Schedule I has appeared in the Federal Register, and no psilocybin drug product is FDA-approved. Executive Order 14401 (April 18, 2026) directs agencies to review rescheduling of Schedule I drugs that complete Phase 3 trials and to build a Right to Try pathway; it does not reschedule psilocybin. Federal Schedule I status applies in Kansas regardless of state law. Our psilocybin mushroom laws by state hub covers the federal layer in more detail.

Driving and criminal records

Kansas's DUI statute reaches any drug. K.S.A. 8-1567(a)(4) bars driving "under the influence of any drug or combination of drugs to a degree that renders the person incapable of safely driving a vehicle." That clause is an impairment standard; it does not turn on a measured amount of the drug. A first conviction is "a class B, nonperson misdemeanor." The statute's other clauses and penalties are covered in our guide to Kansas DUI laws.

A possession or distribution conviction creates a criminal record. Whether a Kansas record can later be expunged is covered in our guide to Kansas expungement laws.

Kansas statutes on this page are quoted from the Revisor of Statutes' online compilation, which predates the 2026 Supplement. Senate Substitute for HB 2501 (2026) amended the drug sentencing grid statute 21-6805, and Substitute for HB 2250 (2026) amended the overdose-immunity statute 22-2312, both effective July 1, 2026; the provisions quoted or summarized here, including the drug-grid ranges, read the same in the 2026 acts. The 2026 amendments to 65-4105 left the psilocybin entries unchanged, and HB 2365's 2026 amendment to 21-5701 concerned only fentanyl-related definitions; the definitions of "cultivate" and "manufacture" quoted here are from the earlier compilation.

Related

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

This article provides general legal information about Kansas state law as of October 11, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Kansas.

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in Kansas?

No. Psilocybin and psilocyn are Schedule I hallucinogenic substances under K.S.A. 65-4105(d)(23) and (24), which reach any material containing any quantity of either compound. Kansas has no therapy program or decriminalization law.

What is the penalty for possessing psilocybin in Kansas?

Possession is a class A nonperson misdemeanor under K.S.A. 21-5706(b)(3) and (c)(2)(A), punishable by up to one year in county jail and a fine of up to $2,500 (K.S.A. 21-6602 and 21-6611). Whether a prior conviction makes it a felony depends on how the courts read the repeat-offense clause in 21-5706(c)(2)(B).

What is the penalty for selling psilocybin in Kansas?

Distribution or possession with intent to distribute is a felony graded by weight under K.S.A. 21-5705(d)(1): level 4 under 3.5 grams, level 3 from 3.5 grams to under 100 grams, level 2 from 100 grams to under 1 kilogram and level 1 at 1 kilogram or more, or by the number of dosage units when distributed by the unit (21-5705(d)(4)), one level higher on or within 1,000 feet of school property.

Are psilocybin mushroom spores legal in Kansas?

Kansas statutes do not mention spores. The schedule and offense sections turn on whether material contains psilocybin or psilocyn, and the manufacturing offense in K.S.A. 21-5703 covers production and propagation of a controlled substance. Using or possessing drug paraphernalia with intent to manufacture, cultivate or propagate a controlled substance is a separate drug severity level 5 felony under K.S.A. 21-5709.

Is psilocybin therapy legal in Kansas?

No. Kansas has no psilocybin therapy program. HB 2218, which would have carved an FDA-approved psilocybin drug out of Schedule I, was stricken from the House calendar on February 19, 2026.

Will Kansas change its law if the FDA approves psilocybin?

Only if Kansas acts. Kansas schedule changes go through the Legislature on the Board of Pharmacy's annual recommendation (K.S.A. 65-4102(b)), and no psilocybin drug is FDA-approved as of October 2026.