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

No. Psilocybin and psilocyn are Class C controlled substances in Massachusetts under M.G.L. c. 94C, s. 31, so possessing them is punishable by up to 1 year of imprisonment, a fine of up to $1,000, or both (s. 34), and manufacturing, distributing or possessing them with intent to distribute carries up to 5 years in state prison (s. 32B). Voters rejected the 2024 natural psychedelics ballot measure, Question 4, and Massachusetts has no psilocybin therapy, medical-access or decriminalization law in force. 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 Massachusetts state law on psilocybin and psilocyn: the Controlled Substances Act, M.G.L. c. 94C (ss. 2, 7, 31, 32B, 32E, 32J, 34 and 34A), the operating-under-the-influence statute (c. 90, s. 24), the 2024 Question 4 result and psilocybin bills of the 194th General Court, with one paragraph on federal law. It does not cover city or town resolutions, employer or school policies, federal property or other states' laws.

Are magic mushrooms legal in Massachusetts?

No. Massachusetts lists psilocybin and psilocyn among the hallucinogenic substances in Class C of its drug classes. Chapter 94C, s. 31, Class C(e) covers:

Unless specifically excepted or 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, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: ... (13) Psilocybin (14) Psilocyn

The listing names the two compounds, not mushrooms or spores. Because it reaches "any material ... which contains any quantity" of them, the controlled substance is whatever material contains psilocybin or psilocyn, with no minimum amount.

Psilocybin's Class C placement sets its penalties. Section 32B covers Class C distribution offenses, while marijuana is in Class D and covered by s. 32C, so marijuana's lower penalties do not apply to psilocybin.

Penalties for possessing psilocybin in Massachusetts

Simple possession is governed by c. 94C, s. 34, which begins:

No person knowingly or intentionally shall possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the provisions of this chapter. Except as provided in Section 32L of this Chapter or as hereinafter provided, any person who violates this section shall be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars, or by both such fine and imprisonment.

That default applies to psilocybin. The section's lower tier covers only certain marijuana amounts and Class E substances, not Class C.

A repeat offense is punished more heavily. Section 34 provides:

Except for an offense involving a controlled substance in Class E of section thirty-one, whoever violates the provisions of this section after one or more convictions of a violation of this section or of a felony under any other provisions of this chapter ... shall be punished by imprisonment in a house of correction for not more than two years or by a fine of not more than two thousand dollars, or both.

Chapter 65 of the Acts of 2026, effective April 19, 2026, amended the first paragraph of s. 34. The change concerns marijuana quantities only and leaves the psilocybin penalty the same.

Penalties for selling or distributing psilocybin

Section 32B covers Class C. Subsection (a) provides:

Any person who knowingly or intentionally manufactures, distributes, dispenses or possesses with intent to manufacture, distribute, or dispense a controlled substance in Class C of section 31 shall be imprisoned in state prison for not more than 5 years or in a jail or house of correction for not more than 21/2 years, or by a fine of not less than $500 nor more than $5,000, or both such fine and imprisonment.

For a person with one or more prior convictions for manufacturing, distributing, dispensing or possessing with intent, s. 32B(b) raises the maximum to "a term of imprisonment in the state prison for not more than 10 years," with the alternatives of a jail or house of correction term of up to 2 1/2 years or "a fine of not more than $10,000."

Weight. Massachusetts has no weight-based tiers for psilocybin. The trafficking section, s. 32E, sets weight tiers for marijuana, cocaine, heroin, fentanyl, carfentanil, morphine, opium and other drugs it names, and psilocybin is not among them. The Class C listing itself applies to any quantity.

Growing. Section 32B makes it a crime to "manufacture" a Class C substance, and c. 94C, s. 1 defines "manufacture" to include "production" and "propagation," and "production" to include "the manufacture, planting, cultivation, growing, or harvesting of a controlled substance." Growing material that contains psilocybin therefore falls within the manufacturing offense in s. 32B.

School-zone and park-zone rules

Massachusetts's location enhancement is narrower than a simple distance rule. Section 32J applies to a person who violates s. 32B (among other sections) within 300 feet of an accredited preschool, Head Start facility, or elementary, vocational or secondary school between 5:00 a.m. and midnight, or within 100 feet of a public park or playground, and who during the offense:

(i) used violence or threats of violence or possessed a firearm ... or (ii) engaged in a course of conduct whereby the person directed the activities of another person who committed any felony in violation of this chapter; or (iii) committed or attempted to commit a violation of section 32F or section 32K

When the enhancement applies, the sentence is imprisonment in state prison for "not less than 21/2 nor more than 15 years" or in a jail or house of correction for "not less than 2 nor more than 21/2 years," and "No sentence imposed pursuant to this section shall be for less than a mandatory minimum term of imprisonment of 2 years." The enhancement requires one of the three factors above; proximity to a school or park alone does not trigger it.

Overdose Good Samaritan protection

Section 34A protects people who call for help. A person who "in good faith, seeks medical assistance for someone experiencing a drug-related overdose shall not be charged or prosecuted for possession of a controlled substance under section 34" when the evidence was gained as a result of seeking medical assistance. The protection is limited to possession: under s. 34A(d), "Nothing contained in this section shall prevent anyone from being charged with trafficking, distribution or possession of a controlled substance with intent to distribute."

Question 4 and psilocybin bills

Question 4 (2024). Massachusetts voters considered a statewide ballot measure in November 2024. The Elections Division summarizes it: "This proposed law would allow persons aged 21 and older to grow, possess, and use certain natural psychedelic substances in certain circumstances." It failed, with 1,444,797 Yes votes (43.2%) and 1,902,513 No votes (56.8%). Because it failed, it created no program and changed no penalty.

2025-2026 bills. Several psilocybin bills were filed in the 194th General Court. None has become law. As shown on their bill histories:

• H.1858 ("An Act relative to removing criminal penalties for limited psilocybin possession") and H.1726, which would let a court dismiss certain simple-possession complaints, were accompanied by a study order (H.5281) on March 26, 2026. S.1113, a similar Senate bill, went to a study order (S.2930) on January 29, 2026.
• H.2203 ("An Act establishing a pilot program for access to regulated psilocybin") was recommended "ought to pass" and referred to House Ways and Means on July 22, 2026.
• H.4200, a psychedelics pilot in licensed treatment facilities, was recommended "ought to pass" and referred to House Ways and Means on July 23, 2026. S.1400, a Senate psychedelics pilot bill, was referred to Senate Ways and Means on October 2, 2025.
• H.4986, a bill on therapeutic psilocybin treatment centers (a new draft of H.2532 and H.2506), had its reporting date extended to December 31, 2026.
• H.1624, a task force to study equitable access, was accompanied by the study order H.5281.

Bill status can change; the bill pages on malegislature.gov show each bill's current history.

Research and federal changes

Massachusetts has no psilocybin therapy, medical-access, decriminalization or research-program law in force. Section 150 of Chapter 178 of the Acts of 2024 (An Act Honoring, Empowering, and Recognizing Our Servicemembers and Veterans, known as the HERO Act) required the secretary of veterans' services to convene a working group to study whether "psychedelic therapy," which the section defines as "the use of psilocybin, ketamine, or 3,4-methylenedioxymethamphetamine under the direction of a health care provider to treat mental health disorders," is associated with improved outcomes among veterans with diagnosed mental health disorders, to issue recommendations, and to file a report of its findings and any recommendations by January 1, 2025. The working group creates no program and changes no penalty. The general registration section, c. 94C, s. 7, addresses research. Its list includes "(9) any person who belongs to a class of persons which is authorized by regulation of the commissioner to provide services for the purpose of diagnosis, care, treatment, or research," and s. 7(e) provides that "An ultimate user or research subject may lawfully possess or administer a controlled substance at the direction of a practitioner in the course of his professional practice."

Chapter 94C, s. 2 contains a federal-adoption clause for new substances: when a substance not scheduled under that section is designated a controlled substance under federal law, the Commissioner "shall, not more than thirty days after publication of final notice in the federal register ... issue a regulation controlling the substance in a schedule corresponding to the federal schedules." Psilocybin and psilocyn are named in the statute itself, in s. 31.

Local policies are outside this page's scope. Whatever a city or town decides about its own enforcement priorities, the state statutes described here still apply.

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 and criminal records

Massachusetts's operating-under-the-influence statute, M.G.L. c. 90, s. 24(1)(a)(1), applies to driving "while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C." Those terms are defined in c. 94C, s. 1, and the definition of "depressant or stimulant substance" includes any drug containing a substance the U.S. Attorney General has by regulation designated as having a potential for abuse because of "its hallucinogenic effect." Federal regulations list psilocybin and psilocyn among the "hallucinogenic substances" in Schedule I (21 CFR 1308.11(d)). See our guide to Massachusetts DUI laws.

A conviction under s. 34 or s. 32B creates a criminal record. See our guide to Massachusetts expungement laws for how records are handled.

Related

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

This article provides general legal information about Massachusetts state law as of October 11, 2026. It is not legal advice. The s. 34 text quoted here is the same in the version in effect since April 19, 2026; Chapter 65 of the Acts of 2026 changed only the marijuana amount in that paragraph. For advice about a specific situation, contact a lawyer licensed in Massachusetts.

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in Massachusetts?

No. Psilocybin and psilocyn are Class C controlled substances under M.G.L. c. 94C, s. 31, and the listing reaches any material containing any quantity of them. Possession and sale are crimes under ss. 34 and 32B.

What is the penalty for psilocybin possession in Massachusetts?

Under c. 94C, s. 34, possession is punishable by up to 1 year of imprisonment, a fine of up to $1,000, or both. After a prior conviction under that section or a felony under the chapter, the maximum is 2 years in a house of correction, a $2,000 fine, or both.

What is the penalty for selling psilocybin in Massachusetts?

Manufacturing, distributing, dispensing or possessing a Class C substance with intent to distribute is punishable by up to 5 years in state prison or 2 1/2 years in a jail or house of correction, a fine of $500 to $5,000, or both (s. 32B(a)). After a prior conviction for manufacturing, distributing, dispensing or possessing with intent, the maximum is 10 years in state prison (s. 32B(b)).

Did Massachusetts decriminalize psilocybin?

No. Question 4 in November 2024, which would have allowed people 21 and older to grow and possess certain natural psychedelic substances, failed 56.8% to 43.2%. Bills to remove penalties for limited possession were sent to study orders in 2026.

Is psilocybin therapy legal in Massachusetts?

Massachusetts has no psilocybin therapy or medical-access law in force. A 2024 veterans law (Chapter 178 of the Acts of 2024, section 150) required a state working group to study psychedelic therapy, including psilocybin, for veterans; it creates no program and changes no penalty. Pilot-program and treatment-center bills such as H.2203, H.4200, S.1400 and H.4986 are in committee and are not law.

Are psilocybin spores illegal in Massachusetts?

Chapter 94C, s. 31 lists the compounds psilocybin and psilocyn, not mushrooms or spores, and reaches any material that contains any quantity of either compound. The statute does not mention spores by name.

Does Massachusetts law protect someone who calls 911 for an overdose?

Yes, for possession. Under c. 94C, s. 34A, a person who seeks medical help in good faith for a drug-related overdose may not be charged with possession under s. 34 based on evidence gained from seeking help. The protection does not cover trafficking, distribution or possession with intent to distribute.