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

Magic mushrooms are not legal in Louisiana. Psilocybin and psilocyn are Schedule I hallucinogenic substances under La. R.S. 40:964, and R.S. 40:966 makes possessing them a crime punishable by up to 2 years for less than 2 grams and by 1 to 10 years for 2 grams to under 28 grams, with or without hard labor. Louisiana's 2026 Psychedelic-Assisted Therapy Initiative (Act 956) concerns clinical studies and does not change those penalties. 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 Louisiana state law on psilocybin and psilocyn: the Schedule I listing in La. R.S. 40:964, the offenses and penalties in R.S. 40:966, related provisions of the Uniform Controlled Dangerous Substances Law, the felony and misdemeanor definitions in R.S. 14:2, and Act 956 of 2026, with one paragraph on federal law. It does not cover parish or city rules, employer drug-testing policies, military rules or other states' laws.

Are magic mushrooms legal in Louisiana?

No. Louisiana's Schedule I lists the two compounds found in psilocybin mushrooms. R.S. 40:964, Schedule I, part C, reads:

"C. 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 substances, or which contains any of their salts, isomers, or salts of isomers, whenever the existence of such salts, isomers, or salts of isomers is possible within the specific chemical designation ... (66) Psilocybin (67) Psilocyn"

The listing names the compounds, not the mushroom. Because it reaches "any material, compound, mixture, or preparation, which contains any quantity" of psilocybin or psilocyn, it is not limited to an extracted chemical.

Section 40:966 contains no personal-use exception. Its possession offense in R.S. 40:966(C) applies "unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner or as provided in R.S. 40:978, while acting in the course of his professional practice, or except as otherwise authorized by this Part."

Psilocybin possession penalties

R.S. 40:966(C) provides: "It is unlawful for any person knowingly or intentionally to possess a controlled dangerous substance classified in Schedule I." For Schedule I substances such as psilocybin, the penalty depends on aggregate weight:

• Less than 2 grams: the offender "shall be imprisoned, with or without hard labor, for not more than two years and may, in addition, be required to pay a fine of not more than five thousand dollars" (966(C)(1)(a)).
• 2 grams or more but less than 28 grams: imprisonment "with or without hard labor, for not less than one year nor more than ten years" and a possible fine of not more than $5,000 (966(C)(1)(b)).
• 28 grams or more: R.S. 40:966(D)(2) provides that possessing "any other Schedule I controlled substance" at or above "twenty-eight grams" "shall be considered a violation of Subsection A of this Section," the distribution offense. That carries imprisonment "at hard labor for not less than one year nor more than twenty years" and a possible fine of not more than $50,000 (966(B)(1)(b)).

The tiers are measured by "aggregate weight," and R.S. 40:961(4) defines "aggregate" as "the gross weight of an exhibit of evidence." Read with the schedule's "any material, compound, mixture, or preparation, which contains any quantity" wording, the weight counted is the gross weight of the exhibit, not the amount of psilocybin in it.

Sale, distribution and cultivation

R.S. 40:966(A)(1) makes it unlawful "To produce, manufacture, distribute or dispense or possess with intent to produce, manufacture, distribute, or dispense, a controlled dangerous substance or controlled substance analogue classified in Schedule I." The penalties in 966(B)(1) are:

Growing counts as production. R.S. 40:961(38) provides: ""Production" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled dangerous substance." Cultivation is therefore charged under the same 966(A)(1) offense and 966(B)(1) penalties as distribution.

Felony or misdemeanor?

Section 966 prints no class label. R.S. 14:2 supplies the definitions: "(4) "Felony" is any crime for which an offender may be sentenced to death or imprisonment at hard labor. ... (6) "Misdemeanor" is any crime other than a felony." Every psilocybin tier in the table allows imprisonment with or without hard labor, or at hard labor, so each meets the felony definition on its face, including possession of less than 2 grams.

Repeat offenses and drug-free zones

• Second or subsequent offenses. R.S. 40:982(A) provides that a person convicted of "any offense under this Part," if it is a second or subsequent offense, "shall be sentenced to a term of imprisonment that is twice that otherwise authorized or to payment of a fine that is twice that otherwise authorized, or both." Under 982(B), a prior conviction counts if it was under the drug laws of Louisiana, the United States, another state or a foreign country, including laws on "hallucinogenic drugs."
• Drug-free zones. R.S. 40:981.3 raises the penalty for violations of R.S. 40:966 through 970 committed on school property, within 2,000 feet of it or on a school bus. The same enhancement applies, where the area is posted as a drug-free zone, on or within 2,000 feet of religious building, public housing authority or child day care center property, and to production or distribution under 40:966(A) on or within 2,000 feet of a drug treatment facility in a marked drug-free zone. Under 981.3(D)(1), the offender is punished "by the imposition of the maximum fine and be imprisoned for not more than one and one-half times the longest term of imprisonment authorized by the applicable provisions of R.S. 40:966 through 970." Under 981.3(D)(2), the sentence is not subject to parole, probation or suspension of sentence to the extent the underlying minimum sentence is not.

Overdose Good Samaritan law

R.S. 14:403.10(A)(1) provides that a person "acting in good faith who seeks medical assistance for an individual experiencing a drug-related overdose may not be charged, prosecuted, or penalized for possession or use of a controlled dangerous substance under the Uniform Controlled Dangerous Substances Law or of possession of drug paraphernalia as defined in R.S. 40:1021 if the evidence for such offenses was obtained as a result of the person's seeking medical assistance." Subsection B gives the same protection to the person who experiences the overdose, when the evidence was obtained as a result of the overdose and the need for medical assistance.

Mushrooms and spores

Neither R.S. 40:964 nor R.S. 40:966 uses the words "mushroom" or "spore." The schedule lists the compounds psilocybin and psilocyn, and reaches material containing any quantity of them. That silence is not a statement that spores are lawful to possess or sell, and growing a controlled dangerous substance is production under R.S. 40:961(38).

Act 956 of 2026: Psychedelic-Assisted Therapy Initiative

Act 956 of 2026 is a health-department initiative for clinical studies, not a change to the criminal law. Senate Bill 43 became Act 956; the Legislature's bill page records that it became law without the Governor's signature on June 23, 2026, with an effective date of August 1, 2026. The legislative digest states: "New law establishes the Psychedelic-Assisted Therapy Initiative within the La. Dept. of Health, office of behavioral health." The act adds R.S. 28:211 and 212.

The enrolled act defines the substances it concerns: ""Psychedelic medication" means ibogaine, ibogaine-based therapeutics, ibogaine analogs, MDMA, psilocybin, psilocybin-based therapeutics, and mechanistically-similar analogs." Among the conditions R.S. 28:211(D) sets for studies under the initiative is "(3) Maintaining a United States Drug Enforcement Agency Schedule I research registration and any required state controlled substance registration."

What the act does not do matters as much. It does not amend R.S. 40:964 or 40:966, so psilocybin stays in Schedule I and the penalties above continue to apply. It creates no medical-use or personal-use program. The administering agency is the Louisiana Department of Health.

Research with controlled substances

Apart from Act 956, R.S. 40:973(A)(1) requires every person who "conducts research with, manufactures, distributes, procures, possesses, prescribes, or dispenses any controlled dangerous substance within this state" to obtain a controlled dangerous substance license from the Louisiana Board of Pharmacy before engaging in that activity.

Federal law and Louisiana's adoption rule

Psilocybin and psilocyn are federal Schedule I hallucinogenic substances under 21 CFR 1308.11(d)(29) and (30), a listing that 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 DEA or HHS proposal to reschedule psilocybin has appeared in the Federal Register, and no psilocybin drug product has FDA approval. Executive Order 14401 (April 2026) directs federal agencies to build a Right to Try pathway and to review rescheduling of Schedule I drugs that complete Phase 3 trials; it does not reschedule psilocybin. Our psilocybin mushroom laws by state hub covers the federal layer in more detail.

Louisiana's definition of "controlled dangerous substance" in R.S. 40:961(8) reaches any substance in "21 CFR 1308.11 through 1308.15 or R.S. 40:964, or any substance which may hereafter be designated as a controlled dangerous substance by amendment of supplementation of such regulations or statute," and R.S. 40:962(B) directs the health secretary to add substances the DEA classifies. Psilocybin and psilocyn do not depend on that rule; R.S. 40:964 names them directly. Neither R.S. 40:961 nor R.S. 40:962 automatically moves a substance named in R.S. 40:964 when the DEA reschedules it: under R.S. 40:962(D) the secretary "may transfer a controlled substance from one schedule to another schedule" in an adjudication, including "in order to conform with the schedule in which the drug is placed by the Drug Enforcement Administration," and under 962(I) the secretary "may by rule delete" a substance the DEA no longer classifies as a controlled dangerous substance. Until the secretary or the Legislature acts, a federal change would leave psilocybin in Louisiana Schedule I.

Driving and criminal records

Louisiana's operating-while-intoxicated statute, R.S. 14:98, reaches a driver who "is impaired by any other drug, combination of drugs, or combination of alcohol and drugs," and 14:98(A)(3) defines "drug" as "any substance or combination of substances that, when taken into the human body, can impair the ability of the person to operate a vehicle safely." Our guide to Louisiana DUI laws covers penalties. A psilocybin conviction creates a criminal record; whether and when it can be cleared is covered in our guide to Louisiana expungement laws.

Related

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

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

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in Louisiana?

No. Psilocybin and psilocyn are Schedule I hallucinogenic substances under La. R.S. 40:964, and R.S. 40:966 makes possessing, producing or distributing them a crime.

What is the penalty for possessing psilocybin mushrooms in Louisiana?

Under R.S. 40:966(C)(1), less than 2 grams aggregate weight carries up to 2 years, and 2 grams to under 28 grams carries 1 to 10 years, each with or without hard labor and a possible fine of up to $5,000. At 28 grams or more, possession is treated as a distribution-level offense under 966(D)(2), punishable by 1 to 20 years at hard labor.

Is psilocybin possession a felony in Louisiana?

R.S. 40:966 prints no class label, but R.S. 14:2 defines a felony as any crime punishable by death or imprisonment at hard labor. Every psilocybin possession tier allows imprisonment with or without hard labor, so each meets that definition.

What is the penalty for selling psilocybin in Louisiana?

Producing, distributing or dispensing psilocybin, or possessing it with intent to do so, carries 1 to 10 years with or without hard labor under 28 grams, or 1 to 20 years at hard labor at 28 grams or more, and a possible fine of up to $50,000 (R.S. 40:966(B)(1)).

Are psilocybin mushroom spores legal in Louisiana?

Louisiana's schedule and penalty statutes (R.S. 40:964 and 40:966) do not mention mushrooms or spores; they list the compounds psilocybin and psilocyn. That silence is not a statement that spores are lawful, and growing a controlled substance is production under R.S. 40:961(38).

Did Louisiana legalize psilocybin therapy?

No. Act 956 of 2026 (SB 43), effective August 1, 2026, created a Psychedelic-Assisted Therapy Initiative within the Louisiana Department of Health tied to clinical studies. It adds R.S. 28:211 and 212 and does not change psilocybin's Schedule I status.

Does Louisiana's Good Samaritan law cover psilocybin possession?

R.S. 14:403.10 bars charging or prosecuting a person who in good faith seeks medical help for a drug-related overdose for possession or use of a controlled dangerous substance, when the evidence was obtained because the person sought help. Subsection B gives the same protection to the person who experiences the overdose, when the evidence was obtained as a result of the overdose and the need for medical assistance.