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

Magic mushrooms are illegal in Maryland: psilocybin and psilocyn are Schedule I controlled dangerous substances through Criminal Law 5-402(a)(3), which adopts federal Schedule I designations, and possessing them is a misdemeanor under Criminal Law 5-601 carrying up to 1 year in prison or a $5,000 fine for a first conviction. Maryland has no psilocybin therapy or decriminalization law; a legislative task force extended through December 31, 2027 studies the subject but changes no penalty. 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 Maryland state law on psilocybin: the Schedule I rules (Criminal Law 5-202 and 5-402), the possession, distribution, manufacture, school-zone and repeat-offender provisions (5-601, 5-602, 5-603, 5-607, 5-608, 5-612, 5-627, 5-905), medical-assistance immunity (Criminal Procedure 1-210), research registration (5-301, 5-304), the veterans alternative-therapies fund (Health-General 24-2101 and 24-2102) and Chapters 207 and 208 of 2026, with one paragraph on federal law. It does not cover county or city measures, employer or school policies, federal property or other states' laws.

Are magic mushrooms legal in Maryland?

No. Psilocybin and psilocyn are Schedule I controlled dangerous substances in Maryland, and the possession, distribution and manufacturing offenses in Criminal Law Title 5 apply to them.

Maryland gets there through federal law. Since Chapter 286 of 2022 took effect on June 1, 2022, Criminal Law 5-402 has not listed substances by name. Under 5-402(a), Schedule I consists of each:

(1) controlled dangerous substance analogue, as defined in subsection (b) of this section; (2) controlled dangerous substance added to Schedule I by the Department under § 5-202(b) of this title; and (3) controlled dangerous substance designated as a Schedule I controlled dangerous substance by the federal government unless the Department objects under § 5-202(f) of this title.

Federal Schedule I lists "Psilocybin" (DEA code 7437) and "Psilocyn" (7438) among its hallucinogenic substances (21 CFR 1308.11(d)(29)-(30)). Before 2022, Maryland's own Schedule I named both compounds; Chapter 286 repealed that list.

Criminal Law 5-202(f)(1) states the adoption rule: "A new substance that is designated as a controlled substance under federal law is a similarly controlled dangerous substance under this title unless the Department objects to the inclusion." If the Department objects, it "shall publish the reasons for the objection and give each interested party an opportunity to be heard," and under 5-202(g) "The Department annually shall update and republish a schedule."

The lower schedules are built the same way. Schedule II consists of each controlled dangerous substance "designated as a Schedule II controlled dangerous substance by the federal government unless the Department objects under § 5-202(f) of this title" (5-403(a)(2)), and Schedules III to V use the same wording (5-404(a)(2), 5-405(a)(2), 5-406(a)(2)). Read on those terms, if the DEA placed an FDA-approved psilocybin drug in a schedule other than Schedule I, that designation could carry into Maryland's schedules unless the Department objects; no Maryland court has applied these provisions to a psilocybin drug. As of October 2026 no psilocybin drug has FDA approval and psilocybin remains in federal Schedule I.

Does Maryland law cover the mushrooms themselves?

Maryland's code does not mention mushrooms or spores by name. Criminal Law 5-401 to 5-406 contain no entry for either; the schedule works through the chemical compounds. The federal listing that Maryland adopts reaches "any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances," including psilocybin and psilocyn. Maryland's code has no separate provision on spores.

Penalties for psilocybin possession

Simple possession. Criminal Law 5-601 bars possessing a controlled dangerous substance without a valid prescription. Under 5-601(c)(1), a person who violates the section is guilty of a misdemeanor and on conviction is subject to:

(i) for a first conviction, imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both; (ii) for a second or third conviction, imprisonment not exceeding 18 months or a fine not exceeding $5,000 or both; or (iii) for a fourth or subsequent conviction, imprisonment not exceeding 2 years or a fine not exceeding $5,000 or both.

The other paragraphs of 5-601(c) concern cannabis and do not apply to psilocybin. Section 5-601 itself sets no weight tiers; quantity matters for the separate intent-to-distribute offense below.

Medical emergencies. Criminal Procedure 1-210(b) provides that a person who, in good faith, seeks, provides, or assists with medical assistance for someone reasonably believed to be experiencing a medical emergency after using alcohol or drugs "shall be immune from criminal arrest, charge, or prosecution" for a violation of 5-601 and certain other sections "if the evidence for the criminal arrest, charge, or prosecution was obtained solely as a result of the person's seeking, providing, or assisting with the provision of medical assistance." Subsection (c) gives the same protection to the person experiencing the emergency. The section does not list distribution under 5-602.

Penalties for selling, sharing or growing psilocybin

Criminal Law 5-602(a) provides that a person may not:

(1) distribute or dispense a controlled dangerous substance; or (2) possess a controlled dangerous substance other than cannabis in sufficient quantity reasonably to indicate under all circumstances an intent to distribute or dispense a controlled dangerous substance.

Manufacturing falls under 5-603(a), which bars manufacturing "a controlled dangerous substance other than cannabis," and bars making, distributing or possessing equipment adapted to produce one "under circumstances that reasonably indicate an intent to use it to produce, sell, or dispense" a controlled dangerous substance. The cultivation language in 5-603(b) is limited to cannabis.

The base felony rule in 5-607(a)(1) reads: "Except as provided in paragraph (2) of this subsection and §§ 5-608 and 5-609 of this subtitle, a person who violates a provision of §§ 5-602 through 5-606 of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $15,000 or both."

The higher tiers. Section 5-608(a) sets a felony of up to 20 years for violations "with respect to a Schedule I or Schedule II narcotic drug." Maryland defines a narcotic drug by reference to opiates, opium and coca leaf, which psilocybin is not, so the 20-year tier does not reach it. Section 5-609 sets a felony of up to 20 years for a list of specific substances, including PCP and LSD in any amount and 750 grams or more of MDMA; psilocybin is not among them.

Volume dealers. Section 5-612 sets a mandatory minimum of 5 years for manufacturing, distributing, dispensing or possessing large quantities of the substances it lists other than cannabis, including "448 grams or more of cocaine" and "1,000 dosage units or more of lysergic acid diethylamide." Psilocybin and psilocyn are not among the 14 listed substances, so the volume-dealer minimum does not apply to them.

Schools. Section 5-627(a) covers manufacturing, distributing, dispensing or possessing with intent to distribute in violation of 5-602, or conspiring to do so, "in a school vehicle" or "in, on, or within 1,000 feet of real property owned by or leased to an elementary school, secondary school, or county board and used for elementary or secondary education." It does not reach simple possession. A 5-627 sentence must run consecutive to any other sentence, and the 5-year minimum for a later violation cannot be suspended; the person is not eligible for parole during that minimum, except as provided in Correctional Services 4-305 (5-627(c)(2)-(3)).

Repeat offenders. Under 5-905(a), a person convicted of a subsequent crime under the drug title faces "a term of imprisonment twice that otherwise authorized," twice the fine, or both. Subsection (e) narrows that: when the prior and subsequent convictions were both under 5-601 to 5-606, the doubling applies "only if the person was also previously convicted of a crime of violence."

A drug conviction creates a criminal record. See our guide to Maryland expungement laws for how records are handled.

Psilocybin research and the veterans fund

Research. Maryland's controlled dangerous substance registration allows research. Under Criminal Law 5-301(d), a person registered by the Department may possess, manufacture, distribute or dispense controlled dangerous substances and perform those activities to conduct research. For Schedule I, 5-304(d) adds a federal condition:

An authorized provider may conduct research in the State with a controlled dangerous substance listed in Schedule I if the authorized provider is registered under federal law to conduct research with a controlled dangerous substance listed in Schedule I and gives evidence of the registration to the Department.

Veterans fund. Health-General 24-2101 to 24-2103 set up a fund for alternative therapies for veterans. Section 24-2101(b) defines "Alternative therapies" to include "hyperbaric oxygen therapy and psychedelics including 3,4-Methylenedioxymethamphetamine (MDMA), psilocybin, and ketamine." Under 24-2102(b), "The purpose of the Fund is to support the Department in studying the effectiveness of and improving access to alternative therapies for post-traumatic stress disorder and traumatic brain injuries in veterans." It is a funding statute; it does not change the possession or distribution offenses.

Maryland's psychedelics task force

Maryland has no state decriminalization, therapy-access or medical psilocybin law. What the legislature has done is study the subject. Chapter 207 (House Bill 427) and Chapter 208 (Senate Bill 336) of 2026, approved by the Governor on April 28, 2026 and effective July 1, 2026, amend Chapter 793 of 2024 to extend the Task Force on Responsible Use of Natural Psychedelic Substances.

Chapter 207 provides that "ON OR BEFORE OCTOBER 31, 2026, THE TASK FORCE SHALL SUBMIT AN UPDATED REPORT OF ITS FINDINGS AND RECOMMENDATIONS TO THE GOVERNOR" and the General Assembly. The 2024 act now remains effective until the end of December 31, 2027, when it "shall be abrogated and of no further force and effect."

The task force makes recommendations. Its reports are not law, and Chapters 207 and 208 do not change any criminal provision. Any program it proposes would need a new act of the General Assembly.

Federal law

Psilocybin and psilocyn are federal Schedule I substances under 21 CFR 1308.11(d)(29)-(30), and the listing reaches any material, compound, mixture or preparation containing any quantity of them. Under 21 U.S.C. 844(a), simple possession of a controlled substance is a federal misdemeanor punishable by up to 1 year in prison and a minimum fine of $1,000 for a first offense. No DEA or HHS notice or rule moving psilocybin out of Schedule I appears in the Federal Register through October 11, 2026, and no psilocybin drug has FDA approval. Executive Order 14401 (April 18, 2026) directs the FDA to give priority vouchers to psychedelic drugs with Breakthrough Therapy designation, directs the FDA and DEA to set up a Right to Try pathway, and directs the Attorney General to review rescheduling of Schedule I products that complete Phase 3; it is a policy directive and does not reschedule psilocybin. Our psilocybin mushroom laws by state hub covers the federal layer in more detail.

Driving

Transportation 21-902(d)(1)(i) provides that "A person may not drive or attempt to drive any vehicle while the person is impaired by any controlled dangerous substance, as that term is defined in § 5-101 of the Criminal Law Article, if the person is not entitled to use the controlled dangerous substance under the laws of this State." Psilocybin is a controlled dangerous substance, so the clause applies to it; 21-902(c) separately covers impairment by any drug. See our guide to Maryland DUI laws.

Related

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

This article provides general legal information about Maryland state law as of October 11, 2026. It is not legal advice. Maryland's Schedule I follows federal designations and the Department of Health's schedule, so it can change without a new statute. For advice about a specific situation, contact a lawyer licensed in Maryland.

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in Maryland?

No. Psilocybin and psilocyn are Schedule I controlled dangerous substances in Maryland through Criminal Law 5-402(a)(3), which adopts the federal Schedule I listing, and possessing them without a valid prescription is a misdemeanor under Criminal Law 5-601.

What is the penalty for possessing psilocybin in Maryland?

Possession is a misdemeanor under Criminal Law 5-601(c). A first conviction carries up to 1 year in prison or a fine of up to $5,000, or both; a second or third up to 18 months; and a fourth or later up to 2 years, each with a fine of up to $5,000.

Is selling psilocybin a felony in Maryland?

Yes. Distributing psilocybin or possessing it in a quantity that reasonably indicates an intent to distribute violates Criminal Law 5-602 and is a felony under 5-607(a)(1), punishable by up to 5 years in prison or a fine of up to $15,000, or both.

Has Maryland decriminalized psilocybin?

No. Maryland has no state decriminalization, therapy-access or medical psilocybin law. Chapters 207 and 208 of 2026 extended a legislative task force that studies natural psychedelic substances; its reports are recommendations and do not change the criminal law.

When is the Maryland psychedelics task force report due?

Chapter 207 of 2026 requires the Task Force on Responsible Use of Natural Psychedelic Substances to submit an updated report to the Governor and the General Assembly on or before October 31, 2026. The task force ends at the end of December 31, 2027.

Can researchers work with psilocybin in Maryland?

Under Criminal Law 5-304(d), an authorized provider may conduct research in Maryland with a Schedule I substance if the provider is registered under federal law for Schedule I research and gives evidence of that registration to the Department of Health.