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

Magic mushrooms are illegal in Kentucky. Psilocybin and psilocyn are federal Schedule I substances, and Kentucky law makes every federal Schedule I substance a Schedule I controlled substance in the state (KRS 218A.020(3)(a); 902 KAR 55:015 Section 1(1)), so possessing them is second-degree possession, a Class A misdemeanor under KRS 218A.1416, and trafficking is a felony under KRS 218A.1413. No Kentucky statute covered here creates a psilocybin therapy program or decriminalizes possession. 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 Kentucky state law on psilocybin and psilocyn: the federal-adoption rule in KRS 218A.020 and 902 KAR 55:015, the possession and trafficking offenses in KRS 218A.1401, 218A.1411, 218A.1413, 218A.1415 and 218A.1416, the firearm enhancement in KRS 218A.992, the driving rule in KRS 189A.010, the overdose provision in KRS 218A.133, the sentencing and fine ranges in KRS Chapters 532 and 534, and the 2026 ibogaine act (SB 77), with one paragraph on federal law. It does not cover city or county measures, federal property, employer drug-testing policies or other states' laws.

Is psilocybin legal in Kentucky?

No. Kentucky controls psilocybin by following the federal list. The federal Schedule I list of hallucinogenic substances names "(29) Psilocybin" and "(30) Psilocyn" (21 CFR 1308.11(d)). KRS 218A.020(3)(a) provides:

"If any substance is designated or rescheduled as a controlled substance under the federal Controlled Substances Act, the drug shall be considered to be controlled at the state level in the same numerical schedule corresponding to the federal schedule."

The Cabinet for Health and Family Services' scheduling regulation says the same for Schedule I. Section 1(1) of 902 KAR 55:015, in the version effective March 12, 2026, provides:

"Each substance that is scheduled or designated as a Schedule I controlled substance under 21 C.F.R. 1308.11, including a substance temporarily scheduled or designated under 21 C.F.R. 1308.11(h) or 1308.49, shall be scheduled or designated at the state level as a Schedule I controlled substance."

Kentucky law defines a "controlled substance" as "methamphetamine, or a drug, substance, or immediate precursor in Schedules I through V and includes a controlled substance analogue" (KRS 218A.010(8)). KRS 218A.050, whose catchline was "Schedule I controlled substances," was repealed by 2017 Ky. Acts ch. 61, sec. 7, effective June 29, 2017, and Section 1(2) of 902 KAR 55:015 names only three Schedule I substances of Kentucky's own: tianeptine, bromazolam and 7-OH above a threshold. Psilocybin and psilocyn reach Kentucky's Schedule I through the two federal-adoption provisions; the possession and trafficking offenses below then apply to them.

Possession of psilocybin in Kentucky

Kentucky grades drug possession by degree. KRS 218A.1416 provides:

"(1) A person is guilty of possession of a controlled substance in the second degree when he or she knowingly and unlawfully possesses: a controlled substance classified in Schedules I or II which is not a narcotic drug; or specified in KRS 218A.1415; or a controlled substance classified in Schedule III; but not synthetic drugs, salvia, or marijuana. (2) Possession of a controlled substance in the second degree is a Class A misdemeanor."

First-degree possession under KRS 218A.1415, a Class D felony, is reserved for narcotic drugs, controlled substance analogues, methamphetamine, lysergic acid diethylamide, phencyclidine, GHB and flunitrazepam. Psilocybin is not on that list, so on the face of the two statutes a psilocybin possession charge falls under the second-degree section.

The ranges for a Class A misdemeanor come from Kentucky's general sentencing statutes. KRS 532.090(1) provides that "For a Class A misdemeanor, the term shall not exceed twelve (12) months." KRS 534.040(2)(a) sets the fine, "Except as provided for an offense defined outside this code," at an amount not to exceed "five hundred dollars ($500)" for a Class A misdemeanor.

Selling or trafficking psilocybin

Kentucky's trafficking offenses are graded by degree. For a Schedule I substance that is not a narcotic drug, the tier is KRS 218A.1413, trafficking in the second degree. Psilocybin is not named in the first-degree trafficking list, so the second-degree tier governs on the face of the text.

"(1)(a) He or she knowingly and unlawfully traffics in: 1. Ten (10) or more dosage units of a controlled substance classified in Schedules I and II that is not a narcotic drug; ... (c) He or she knowingly and unlawfully traffics in any quantity of a controlled substance specified in paragraph (a) of this subsection in an amount less than the amounts specified in that paragraph."

Subsection (2) sets the classes:

"(2)(a) Except as provided in paragraph (b) of this subsection, any person who violates the provisions of subsection (1) of this section shall be guilty of a Class D felony for the first offense and a Class C felony for a second or subsequent offense. (b) Any person who violates the provisions of subsection (1)(c) of this section shall be guilty of: 1. A Class D felony for the first offense, except that KRS Chapter 532 to the contrary notwithstanding, the maximum sentence to be imposed shall be no greater than three (3) years; and 2. A Class D felony for a second offense or subsequent offense."

The tiers are counted in dosage units, not grams. KRS 218A.010(14) defines a dosage unit as "a single pill, capsule, ampule, liquid, or other form of administration available as a single unit." The definition does not say how mushroom material is counted, and these trafficking sections set no weight thresholds for non-narcotic Schedule I substances.

KRS 218A.1411(1) adds a school-zone offense: trafficking in a Schedule I through V substance "in any building used primarily for classroom instruction in a school or on any premises located within one thousand (1,000) feet of any school building used primarily for classroom instruction shall be guilty of a Class D felony, unless a more severe penalty is set forth in this chapter, in which case the higher penalty shall apply." The distance is measured "in a straight line from the nearest wall of the school to the place of violation." The section applies to trafficking, not to simple possession.

KRS 532.060(2) sets the felony terms "Unless otherwise provided by law": "(c) For a Class C felony, not less than five (5) years nor more than ten (10) years; and (d) For a Class D felony, not less than one (1) year nor more than five (5) years." Under KRS 534.030(1), a person convicted of any felony is also sentenced to a fine of "not less than one thousand dollars ($1,000) and not greater than ten thousand dollars ($10,000) or double his gain from commission of the offense, whichever is the greater."

Under KRS 218A.992(1), a person convicted of an offense under Chapter 218A who possessed a firearm at the time of the offense and in furtherance of it is penalized one class more severely if the offense is a felony, or as a Class D felon if it would otherwise be a misdemeanor.

Trafficking is broader than selling. KRS 218A.010(56) defines "traffic" as "to manufacture, distribute, dispense, sell, transfer, or possess with intent to manufacture, distribute, dispense, or sell a controlled substance." "Manufacture" includes "the production" of a controlled substance (KRS 218A.010(27)), and "production" includes "the manufacture, planting, cultivation, growing, or harvesting of a controlled substance" (KRS 218A.010(45)). Under those definitions, cultivating psilocybin mushrooms, or possessing them with intent to sell, can be charged as trafficking under KRS 218A.1413, not only as possession. Chapter 218A's only separate cultivation offenses are for marijuana (KRS 218A.1423) and salvia (KRS 218A.1452). None of the Kentucky sections cited on this page mentions mushroom spores.

Overdose exception

KRS 218A.133(2) bars a charge or prosecution for possession of a controlled substance or drug paraphernalia when three conditions are all met:

"(a) In good faith, medical assistance with a drug overdose is sought ... (b) The person remains with, or is, the individual who appears to be experiencing a drug overdose until the requested assistance is provided; and (c) The evidence for the charge or prosecution is obtained as a result of the drug overdose and the need for medical assistance."

Subsection (3) limits it: the protection "shall not extend to the investigation and prosecution of any other crimes committed by a person who otherwise qualifies under this section." It covers possession, not trafficking.

Psilocybin programs, research and recent bills

None of the Kentucky statutes and regulations covered on this page creates a psilocybin therapy program, a research exemption for psilocybin or a decriminalization rule. Possession and sale remain offenses under KRS Chapter 218A.

The 2026 General Assembly did pass a psychedelic research measure, but for a different substance. Senate Bill 77, "AN ACT relating to ibogaine research in the Commonwealth," became 2026 Ky. Acts ch. 158. It creates an ibogaine research and intellectual property fund, administered by the Department of Agriculture, for a public-private partnership clinical trial, and it defines ibogaine by reference to the Tabernanthe iboga plant. It does not mention psilocybin and does not change the status of any controlled substance. The Governor vetoed the bill on April 13, 2026, and the General Assembly overrode the veto on April 14, 2026 (Senate 31-6, House 77-18). The act is codified at KRS 218A.511 to 218A.519, effective July 15, 2026.

Kentucky has no psilocybin trigger law tied to FDA approval among the sections covered here. Its federal-adoption rule works differently: because KRS 218A.020(3)(a) reaches any substance "designated or rescheduled" under the federal Controlled Substances Act, a federally rescheduled psilocybin would be "considered to be controlled at the state level in the same numerical schedule corresponding to the federal schedule," unless the Cabinet for Health and Family Services uses KRS 218A.020(3)(b) to "control the substance in a more restrictive numerical schedule than the federal schedule" by amending its regulation. No such federal action has occurred.

Federal psilocybin law

Psilocybin and psilocyn are listed in federal Schedule I, 21 CFR 1308.11(d)(29)-(30), and the listing reaches "any material, compound, mixture, or preparation, which contains any quantity" of them. Federal law still lists psilocybin in Schedule I in every state. Executive Order 14401 (April 18, 2026) directs federal agencies to speed psychedelic drug development and to review the rescheduling of Schedule I products that complete Phase 3 trials, but it does not reschedule psilocybin and states that it creates no enforceable right. The FDA issued national priority vouchers to psilocybin programs in April 2026; in the agency's words, neither those vouchers nor Breakthrough Therapy designation "is a substitute for marketing approval." Our psilocybin mushroom laws by state hub covers the federal layer in more detail.

Driving and criminal records

Because psilocybin and psilocyn are Schedule I in Kentucky, KRS 189A.010(1)(d) and (12)(a) bar driving while either is detected in the blood by a scientifically reliable test taken within two hours of ceasing to drive or be in physical control of the vehicle. KRS 189A.010(1)(c) separately bars driving "while under the influence of any other substance or combination of substances which impairs one's driving ability." Penalties are covered in our guide to Kentucky DUI laws. A psilocybin possession or trafficking conviction is a criminal record; whether it can later be cleared is covered in our guide to Kentucky expungement laws.

Related

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

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

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in Kentucky?

No. Psilocybin and psilocyn are federal Schedule I substances, and KRS 218A.020(3)(a) and 902 KAR 55:015 make them Schedule I in Kentucky as well. Possession is charged as second-degree possession, a Class A misdemeanor, under KRS 218A.1416.

What is the penalty for possessing psilocybin in Kentucky?

Possession of a Schedule I substance that is not a narcotic drug, and is not listed in KRS 218A.1415, is a Class A misdemeanor under KRS 218A.1416. That class carries up to 12 months in jail (KRS 532.090) and a fine of up to $500 (KRS 534.040).

Is trafficking psilocybin a felony in Kentucky?

Yes. Trafficking in 10 or more dosage units of a non-narcotic Schedule I substance is a Class D felony for a first offense and a Class C felony for a second or subsequent offense under KRS 218A.1413; trafficking in a smaller amount is a Class D felony with a three-year cap on a first offense.

Has Kentucky decriminalized psilocybin?

No. The Kentucky statutes and regulations covered here contain no psilocybin decriminalization or therapy program, and psilocybin remains a Schedule I controlled substance in Kentucky through KRS 218A.020(3)(a) and 902 KAR 55:015.

Does Kentucky have a psychedelic research law?

The 2026 ibogaine act (SB 77, 2026 Ky. Acts ch. 158) creates an ibogaine research and intellectual property fund administered by the Department of Agriculture for a public-private partnership clinical trial. It concerns ibogaine and does not mention psilocybin.

Would a federal change to psilocybin's schedule apply in Kentucky?

KRS 218A.020(3)(a) treats a substance designated or rescheduled under the federal Controlled Substances Act as controlled in Kentucky in the same schedule, so a federal rescheduling would carry into Kentucky law in the same schedule unless the Cabinet for Health and Family Services amends its regulation to keep the substance in a more restrictive schedule under KRS 218A.020(3)(b). No federal rescheduling of psilocybin has occurred.