Maine
Are Magic Mushrooms Legal in Maine? Psilocybin Laws (2026)
Independently fact-checked against primary sources (last audited October 12, 2026). · 16 primary sources cited on this page. How we verify our legal content
Maine lists psilocybin and psilocyn as Schedule X drugs under 17-A M.R.S. 1102, and possessing a Schedule X drug is a Class D crime under 17-A M.R.S. 1107-A(1)(D), punishable by imprisonment of less than one year and a fine of up to $2,000. Maine has not decriminalized psilocybin, and no psilocybin program was enacted in the 2025-2026 session: the one bill on it, LD 1034, failed enactment in June 2025. 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 Maine state law on psilocybin and psilocyn: the drug schedules in 17-A M.R.S. 1102, the possession, furnishing and trafficking offenses and their aggravated forms in 17-A M.R.S. chapter 45, the sentencing ranges in 17-A M.R.S. 1604 and 1704, the overdose-immunity rule in 17-A M.R.S. 1111-B, LD 1034 of the 132nd Legislature, and the operating-under-the-influence definition in 29-A M.R.S. 2401, with one paragraph on federal law. It does not cover municipal resolutions or ordinances, sentencing practice in individual cases, employer or school policies, military rules or other states' laws.
How Maine classifies psilocybin
Maine's criminal code has four drug schedules, W, X, Y and Z, set out in section 1102. Psilocybin and psilocyn appear in Schedule X, in the list of hallucinogenic drugs in paragraph C:
"C. Unless listed in another schedule, any of the following hallucinogenic drugs, or their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation (1) Bufotenine (2) Ibogaine (3) Mescaline, including but not limited to peyote (4) N-methyl-3-piperidyl benzilate (5) N-ethyl-3-piperidyl benzilate (6) Psilocybin (7) Psilocyn (8) Hashish;"
The schedule names the compounds. Section 1102 does not use the words mushroom, fungus or spore. Psilocybin's Schedule X listing is written into the text of section 1102 itself (the section's subsection 5 is marked repealed by Public Law 2013, chapter 194).
Possession of psilocybin: Class D
The possession offense in 17-A M.R.S. 1107-A applies when a person "intentionally or knowingly possesses what that person knows or believes to be a scheduled drug, which is in fact a scheduled drug." Its Schedule X paragraph reads:
"D. A schedule X drug. Violation of this paragraph is a Class D crime;"
Paragraph D sets no weight threshold, so the class does not change with the amount under that paragraph. The maximum term for a Class D crime is "less than one year" (17-A M.R.S. 1604), and the maximum fine is $2,000 (17-A M.R.S. 1704). Section 1107-A was last amended by Public Law 2025, chapter 326, which changed its cocaine and methamphetamine paragraphs, not paragraph D.
Subsection 2 of section 1107-A excludes possession that is "expressly: A. Authorized by Title 22, Title 28-B or Title 32." LD 1034, described below, would have added a psilocybin exception to paragraph D; it failed.
Selling, sharing or growing psilocybin
Maine charges sales and production under its trafficking statute. Section 1101 defines "traffick" as:
"A. To make, create, manufacture; B. To grow or cultivate, except for marijuana; C. To sell, barter, trade, exchange or otherwise furnish for consideration; or D. To possess with the intent to do any act mentioned in paragraph C."
Under 17-A M.R.S. 1103(1-A), trafficking in "a schedule X drug" is "a Class C crime." So making or growing a Schedule X substance, or possessing it with intent to sell, can be charged as unlawful trafficking. Maine's cultivation section, 17-A M.R.S. 1117, is titled "Cultivating marijuana" and is specific to marijuana.
Giving, delivering or transferring a Schedule X drug without consideration, or possessing it with intent to do so, is furnishing. Under 17-A M.R.S. 1106(1-A)(B), furnishing a Schedule X drug is a Class D crime.
Sections 1103(3) and 1106(3) list drug quantities that give rise to a permissible inference of trafficking or furnishing. Those lists name marijuana, cocaine, heroin, fentanyl powder, LSD, methamphetamine, narcotics, oxycodone, hydromorphone and MDMA-type drugs; psilocybin is not among them.
| Conduct (Schedule X drug) | Statute | Class | Maximum term and fine |
|---|---|---|---|
| Possession | 17-A M.R.S. 1107-A(1)(D) | Class D | Less than one year; $2,000 |
| Furnishing (without consideration) | 17-A M.R.S. 1106(1-A)(B) | Class D | Less than one year; $2,000 |
| Trafficking (make, grow, sell, possess with intent to sell) | 17-A M.R.S. 1103(1-A)(B) | Class C | 5 years; $5,000 |
| Aggravated furnishing | 17-A M.R.S. 1105-C | Class C | 5 years; $5,000 (1-year mandatory minimum under 17-A M.R.S. 1125) |
| Aggravated trafficking | 17-A M.R.S. 1105-A | Class B | 10 years; $20,000 (2-year mandatory minimum under 17-A M.R.S. 1125) |
Sentence maximums come from 17-A M.R.S. 1604 (terms) and 1704 (fines). If a motor vehicle is used to facilitate trafficking, aggravated trafficking or furnishing, the court may also suspend the person's driver's license for up to 5 years (17-A M.R.S. 1103(6), 1105-A(2) and 1106(5)).
Aggravated trafficking and furnishing
Trafficking in a Schedule X drug becomes aggravated trafficking, a Class B crime under 17-A M.R.S. 1105-A, when the person trafficks with a minor under 18, has a prior Class A, B or C drug conviction, uses or is armed with a firearm, or is on a school bus or near a school. The school-zone ground reads:
"At the time of the offense, the person is on a school bus or within 1,000 feet of the real property comprising a private or public elementary or secondary school or a safe zone as defined in section 1101, subsection 23 and the drug is: ... A schedule X drug. Violation of this subparagraph is a Class B crime;"
Aggravated furnishing of a Schedule X drug, on the same grounds, is a Class C crime under 17-A M.R.S. 1105-C. The maximum term for a Class B crime is 10 years (section 1604).
Aggravated offenses carry mandatory minimums. Under 17-A M.R.S. 1125, "for a person convicted of violating section 1105-A, 1105-B, 1105-C, 1105-D or 1118-A the minimum term of imprisonment, which may not be suspended," is 2 years when the sentencing class is Class B and one year when it is Class C. If the court makes the findings that subsection 2 of that section requires (including that the minimum would cause substantial injustice to the individual and that a lower sentence will not have an adverse effect on public safety), and states its reasons in writing or on the record, it may impose a lower sentence, but subsection 3 still sets an unsuspended minimum of 6 months for a Class B offense and 3 months for a Class C offense.
LD 1034: the 2025 decriminalization bill that failed
LD 1034 (HP 663), "An Act to Decriminalize Personal Possession of Therapeutic Amounts of Psilocybin for Adults," was the only 2025-2026 bill with psilocybin in its title. As introduced, it would have rewritten paragraph D of section 1107-A to read that possession of a Schedule X drug is a Class D crime "except that it is not a violation of this paragraph if the drug possessed is psilocybin, the amount possessed is one ounce or less and the person is 21 years of age or older."
The Criminal Justice and Public Safety Committee split three ways on May 28, 2025 (5 ought to pass as amended, 4 ought to pass, 4 ought not to pass). The majority amendment (C-A, H-330) replaced the bill with a "Resolve, to Establish the Commission to Study Pathways for Creating a Psilocybin Services Program in Maine." That version also failed. According to the Legislature's bill history, the House voted 72-74 against enactment on June 9, 2025, the Senate failed to enact it 16-16 on June 10, 2025, and the bill was placed in legislative files as dead.
So the possession rule in paragraph D is unchanged, and Maine has no psilocybin services program, study commission, research act or task force from the 2025-2026 session.
Federal approval and rescheduling
No psilocybin drug product is FDA-approved as of October 2026. Maine's Schedule X listing of psilocybin is set by statute in section 1102, so a federal approval or rescheduling would not by itself rewrite that text. Section 1107-A(4) already makes it an affirmative defense to a Schedule X possession charge that the person had a valid prescription for the drug and intended it to be used only for legitimate medical use as the prescriber and dispenser instructed.
Overdose immunity
Maine's overdose-immunity law protects a person who in good faith calls for help for a suspected drug-related overdose, a person rendering aid at the scene, and the person overdosing, if they are at the location when the medical professional or law enforcement officer arrives, for the duration of the emergency response. Under 17-A M.R.S. 1111-B, "Except with regard to an excluded crime, a protected person is immune from arrest or prosecution for a violation of law if: A. The grounds for the arrest or prosecution are obtained as a result of a medical professional's or law enforcement officer's responding to a request for medical assistance" or if the person's identity is learned as a result of that response. Operating under the influence is one of the excluded crimes.
Driving after taking psilocybin
Maine's OUI law turns on being "under the influence of intoxicants," which 29-A M.R.S. 2401 defines as "being under the influence of alcohol, a drug other than alcohol, a combination of drugs or a combination of alcohol and drugs." For blood-alcohol limits, testing and penalties, see our guide to Maine OUI laws.
Criminal records
For whether a Maine drug conviction can later be sealed, see our guide to Maine expungement and record sealing laws.
Federal psilocybin law
Federal law lists psilocybin and psilocyn in Schedule I, covering "any material, compound, mixture, or preparation, which contains any quantity" of them (21 CFR 1308.11(d)). 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 2026 no DEA or HHS rescheduling of psilocybin has been published. Executive Order 14401 (April 2026) directs federal agencies to build pathways and review rescheduling for some psychedelic drugs, but it does not reschedule psilocybin or create any enforceable right.
Related
This article provides general legal information about Maine law as of 2026-10-11. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Maine or the relevant state agency.
Last updated: 2026-10-11.
Frequently Asked Questions
Are magic mushrooms legal in Maine?
Maine lists psilocybin and psilocyn in Schedule X (17-A M.R.S. 1102), and possessing a Schedule X drug is a Class D crime under 17-A M.R.S. 1107-A(1)(D). Federal law also lists both in Schedule I.
What is the penalty for possessing psilocybin in Maine?
Possession of a Schedule X drug is a Class D crime, with a maximum sentence of less than one year (17-A M.R.S. 1604) and a maximum fine of $2,000 (17-A M.R.S. 1704). The possession paragraph sets no weight tiers.
What is the penalty for selling psilocybin in Maine?
Trafficking in a Schedule X drug is a Class C crime (17-A M.R.S. 1103(1-A)(B)), punishable by up to 5 years and a $5,000 fine. It becomes Class B aggravated trafficking in situations such as dealing with a minor under 18 or near a school (17-A M.R.S. 1105-A).
Is growing psilocybin mushrooms illegal in Maine?
Maine defines trafficking to include to grow or cultivate, except for marijuana (17-A M.R.S. 1101), so growing a Schedule X substance can be charged as unlawful trafficking, a Class C crime under section 1103.
Did Maine decriminalize psilocybin in 2025?
No. LD 1034 failed enactment in the House on June 9, 2025 (72-74) and in the Senate on June 10, 2025 (16-16), and it is marked dead.
Does Maine have a psilocybin therapy program?
No psilocybin therapy program was enacted in the 2025-2026 session. The committee version of LD 1034 would have created a commission to study a psilocybin services program, but that bill failed.
Can I drive after taking psilocybin in Maine?
Maine defines being under the influence of intoxicants to include being under the influence of a drug other than alcohol (29-A M.R.S. 2401), and operating under the influence is an offense under 29-A M.R.S. 2411.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Maine Revised Statutes, Title 17-A: MAINE CRIMINAL CODE, Part 2: SUBSTANTIVE OFFENSES, Chapter 45: DRUGS
§ 1107-AUnlawful possession of scheduled drugsIn forcecited in 2 of our articles
1. Except as provided in subsection 2, a person is guilty of unlawful possession of a scheduled drug if the person intentionally or knowingly possesses what that person knows or believes to be a scheduled drug, which is in fact a scheduled drug, and the drug is: A. A schedule W drug and at the time of the offense the person had one or more convictions for violating this chapter or for engaging in substantially similar conduct to that of the Maine offenses under this chapter in another jurisdiction and the drug is: (1) Cocaine and the quantity possessed is more than 14 grams; or (3) Methamphetamine and the quantity possessed is more than 14 grams. Section 9‑A governs the use of prior convictions when determining a sentence, except that, for the purposes of this paragraph, the date of a prior conviction may precede the commission of the offense by more than 10 years. Violation of this paragraph is a Class B crime; [PL 2025, c. 326, §§1, 2 (AMD).] B.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
Also relied on in: Is Kratom Legal in Maine? (2026 Law and 7-OH Status)
§ 1102Schedules W, X, Y and ZIn forcecited in 2 of our articles
For the purposes of defining crimes under this chapter and of determining the penalties therefor, there are hereby established the following schedules, designated W, X, Y and Z. [PL 2001, c. 419, §2 (AMD).] 1. Schedule W: A. Unless listed or described in another schedule, any amphetamine, or its salts, isomers, or salts of isomers, including but not limited to methamphetamine, or its salts, isomers, or salts of isomers; [PL 1975, c. 499, §1 (NEW).] B. Unless listed or described in another schedule, or unless made a nonprescription drug by federal law, barbituric acid or any derivative of barbituric acid, or any salt of barbituric acid or of a derivative of barbituric acid, including but not limited to amobarbital, butabarbital, pentobarbital, secobarbital, thiopental, and methohexital; [PL 1975, c. 499, §1 (NEW).] C. [PL 1975, c. 740, §98 (RP).] D. [PL 1975, c. 740, §98 (RP).] E. [PL 1975, c. 740, §98 (RP).] F. Cocaine; [PL 2017, c. 432, Pt. E, §2 (RPR).] G. Phenmetrazine and its salts; [PL 1975, c. 499, §1 (NEW).] H. Methylphenidate or its salts; [PL 1975, c. 740, §99 (RPR).] I.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
§ 1103Unlawful trafficking in scheduled drugsIn force
1. 1-A. Except as provided in subsection 1‑B, a person is guilty of unlawful trafficking in a scheduled drug if the person intentionally or knowingly trafficks in what the person knows or believes to be a scheduled drug, which is in fact a scheduled drug, and the drug is: A. A schedule W drug. Violation of this paragraph is a Class B crime; [PL 2001, c. 383, §115 (NEW); PL 2001, c. 383, §156 (AFF).] B. A schedule X drug. Violation of this paragraph is a Class C crime; [PL 2001, c. 383, §115 (NEW); PL 2001, c. 383, §156 (AFF).] C. Marijuana in a quantity of 20 pounds or more. Violation of this paragraph is a Class B crime; [PL 2001, c. 383, §115 (NEW); PL 2001, c. 383, §156 (AFF).] D. Marijuana and the person grows or cultivates 500 or more plants. Violation of this paragraph is a Class B crime; [PL 2001, c. 383, §115 (NEW); PL 2001, c. 383, §156 (AFF).] E. Marijuana in a quantity of more than one pound. Violation of this paragraph is a Class C crime; [PL 2001, c. 383, §115 (NEW); PL 2001, c. 383, §156 (AFF).] F. Marijuana and the person grows or cultivates 100 or more plants. Violation of this paragraph is a Class C crime; [PL 2001, c. 383, §115 (NEW); PL 2001, c.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
§ 1106Unlawfully furnishing scheduled drugsIn force
1. 1-A. Except as provided in subsection 1‑B, a person is guilty of unlawful furnishing of a scheduled drug if the person intentionally or knowingly furnishes what the person knows or believes to be a scheduled drug, which is in fact a scheduled drug, and the drug is: A. A schedule W drug. Violation of this paragraph is a Class C crime; [PL 2001, c. 383, §121 (NEW); PL 2001, c. 383, §156 (AFF).] B. A schedule X drug. Violation of this paragraph is a Class D crime; [PL 2001, c. 383, §121 (NEW); PL 2001, c. 383, §156 (AFF).] C. A schedule Y drug. Violation of this paragraph is a Class D crime; or [PL 2001, c. 383, §121 (NEW); PL 2001, c. 383, §156 (AFF).] D. A schedule Z drug. Violation of this paragraph is a Class D crime. [PL 2001, c. 383, §121 (NEW); PL 2001, c. 383, §156 (AFF).] 1-B. A person is not guilty of unlawful furnishing of a scheduled drug if the conduct that constitutes the furnishing is expressly: A. Authorized by Title 22, Title 28‑B or Title 32; or [PL 2017, c. 409, Pt. B, §4 (AMD).] B. Made a civil violation by Title 22 or Title 28‑B. [PL 2017, c. 409, Pt. B, §4 (AMD).] 2. 3.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
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Sources and References
- 17-A M.R.S. 1102, Schedules W, X, Y and Z(legislature.maine.gov).gov
- 17-A M.R.S. 1107-A, Unlawful possession of scheduled drugs(legislature.maine.gov).gov
- 17-A M.R.S. 1604, Imprisonment for crimes other than murder(legislature.maine.gov).gov
- 17-A M.R.S. 1704, Fines(legislature.maine.gov).gov
- 17-A M.R.S. 1101, Definitions(legislature.maine.gov).gov
- 17-A M.R.S. 1103, Unlawful trafficking in scheduled drugs(legislature.maine.gov).gov
- 17-A M.R.S. 1106, Unlawfully furnishing scheduled drugs(legislature.maine.gov).gov
- 17-A M.R.S. 1105-A, Aggravated trafficking of scheduled drugs(legislature.maine.gov).gov
- 17-A M.R.S. 1105-C, Aggravated furnishing of scheduled drugs(legislature.maine.gov).gov
- 17-A M.R.S. 1125, Mandatory minimum terms of imprisonment(legislature.maine.gov).gov
- LD 1034 (HP 663), 132nd Maine Legislature(legislature.maine.gov).gov
- LD 1034 bill history (LawMakerWeb)(legislature.maine.gov).gov
- 17-A M.R.S. 1111-B, Immunity from arrest and prosecution (medical assistance)(legislature.maine.gov).gov
- 29-A M.R.S. 2401, Definitions (under the influence of intoxicants)(legislature.maine.gov).gov
- 21 CFR 1308.11, Schedule I(ecfr.gov).gov
- 21 U.S.C. 844, Penalties for simple possession(law.cornell.edu)
- Executive Order 14401, Accelerating Medical Treatments for Serious Mental Illness(federalregister.gov).gov