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

Magic mushrooms are illegal in Michigan. Psilocybin and psilocyn are schedule 1 controlled substances under MCL 333.7212(1)(c), and possessing them is a misdemeanor punishable by up to 1 year in jail, a $2,000 fine, or both (MCL 333.7403(2)(c)), while growing or selling them is a felony. No Michigan statute decriminalizes psilocybin or creates a therapy program; House Bill 4686 would shield some adults with a post-traumatic stress disorder diagnosis from the possession, use and manufacture offenses but has not left committee. 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 Michigan state law on psilocybin and psilocyn under Article 7 of the Public Health Code: the schedule 1 listing (MCL 333.7212), the possession, use, and manufacture or delivery offenses (MCL 333.7403, 333.7404 and 333.7401), the repeat-offense and school-zone enhancements (MCL 333.7413 and 333.7410), the research-license route (MCL 333.7303) and the federal-adoption rule (MCL 333.7204), plus pending House Bill 4686 and one local resolution, with one paragraph on federal law. It does not cover other city or county measures, Board of Pharmacy administrative rules, employer or school policies, military rules or other states' laws.

Are psilocybin mushrooms legal in Michigan?

No. Michigan lists psilocybin and psilocyn by name in schedule 1, the category for the most tightly controlled drugs. MCL 333.7212(1)(c) places in schedule 1:

"(c) Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, when the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation: ... Psilocybin ... Psilocyn"

The statute names the two compounds, not the mushrooms. Because the listing reaches any material that "contains any quantity" of psilocybin or psilocyn, a mushroom containing them falls within schedule 1 even though the word "mushroom" does not appear in the section. Psilocybin shares the list with LSD, mescaline and peyote.

What is the penalty for possessing psilocybin in Michigan?

Possession is a misdemeanor, whatever the amount. MCL 333.7403(1) makes it a crime to "knowingly or intentionally possess a controlled substance" unless it was obtained under a valid prescription or order of a practitioner, and subsection (2)(c) sets the penalty for psilocybin:

"(c) Lysergic acid diethylamide, peyote, mescaline, dimethyltryptamine, psilocyn, psilocybin, or a controlled substance classified in schedule 5 is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both."

Michigan's possession statute uses weight tiers (1,000 grams, 450 grams, 50 grams and 25 grams of "any mixture containing that substance") only for schedule 1 and 2 narcotic drugs and drugs described in MCL 333.7214(a)(iv), under MCL 333.7403(2)(a). Psilocybin is outside those tiers, so a larger quantity does not move simple possession into a higher class.

Use is a separate offense

Michigan also punishes use of a controlled substance. Under MCL 333.7404(2)(c), use of psilocybin or psilocyn "is guilty of a misdemeanor punishable by imprisonment for not more than 6 months or a fine of not more than $500.00, or both." It is a separate offense from possession.

Medical-emergency exemption

MCL 333.7403(3) protects a person who seeks medical help for a drug overdose or other medical emergency, or who is presented for help by someone else, from a possession charge under that section when the person possessed the substance "in an amount sufficient only for personal use" and the evidence comes from seeking or being presented for medical assistance. Subsection (5) limits the protection: it "does not prevent the investigation, arrest, charging, or prosecution of an individual for any other violation of the laws of this state."

What is the penalty for selling or growing psilocybin in Michigan?

Manufacturing, creating or delivering psilocybin, or possessing it with intent to do any of those, is a felony. MCL 333.7401(1) provides that "[e]xcept as authorized by this article, a person shall not manufacture, create, deliver, or possess with intent to manufacture, create, or deliver a controlled substance," and subsection (2)(b)(ii) sets the penalty for psilocybin and most other schedule 1 substances:

"(ii) Any other controlled substance classified in schedule 1, 2, or 3, except marihuana or a substance listed in section 7212(1)(d), is guilty of a felony punishable by imprisonment for not more than 7 years or a fine of not more than $10,000.00, or both."

There is no weight tier in this subsection either: the 7-year, $10,000 maximum applies to any amount.

Growing psilocybin mushrooms falls under the same section. Michigan's statutes contain no separate cultivation offense for mushrooms; instead, MCL 333.7106(3) defines "manufacture" to mean "the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis." The definition excludes "the preparation or compounding of a controlled substance by an individual for his or her own use," but that exclusion does not mention propagation. Because propagation is part of manufacture, cultivating mushrooms that contain psilocybin falls within the definition and can be charged under MCL 333.7401.

Michigan's controlled-substance statutes do not mention mushroom spores by name, and this page takes no position on whether spores are a controlled substance in Michigan.

Enhanced penalties: repeat offenses, schools and minors

Three provisions can raise the maximums above.

For the repeat-offense rule, MCL 333.7413(4) counts any earlier conviction "under this article or under any statute of the United States or of any state relating to a narcotic drug, marihuana, depressant, stimulant, or hallucinogenic drug." For the school-zone rule, "school property" means "a building, playing field, or property used for school purposes to impart instruction to children in grades kindergarten through 12" (MCL 333.7410(8)(b)).

Does Michigan have a psilocybin therapy or decriminalization law?

No. Michigan has no statute that decriminalizes psilocybin, no state psilocybin-services or therapy program, and no psilocybin act enacted in the 2025-2026 session.

House Bill 4686 (pending)

House Bill 4686, sponsored by Representative McFall, was introduced on June 25, 2025 and referred to the House Committee on Families and Veterans. Its official title describes it as "creating, manufacturing, possessing, or using psilocybin or psilocin; allow under certain circumstances," by adding a new section 7404a to the Public Health Code. The bill page shows no action after the committee referral as of October 11, 2026. As introduced, it would exempt an individual from the manufacture, possession and use offenses in MCL 333.7401, 333.7403 and 333.7404 only if the individual is 18 or older, possesses not more than 2 ounces of a substance containing psilocybin or psilocyn, only for personal use, and has a medical record showing a diagnosis of post-traumatic stress disorder. It is a bill, not law.

Research licenses

Michigan's controlled substances article lets licensed persons handle scheduled drugs. MCL 333.7303(2) provides that a person "licensed by the administrator under this article to manufacture, distribute, prescribe, dispense, or conduct research with controlled substances may possess, manufacture, distribute, prescribe, dispense, or conduct research with those substances to the extent authorized by its license and in conformity with the other provisions of this article." The administrator is the Board of Pharmacy. None of the article's licensing sections creates a psilocybin-specific research program; the general controlled-substance license is the mechanism.

If federal law changes

Michigan has no psilocybin-specific statute tied to FDA approval of a psilocybin drug. The relevant mechanism is a general federal-adoption rule. MCL 333.7204, as amended by 2026 PA 48 effective July 23, 2026, provides that when a substance is "designated, rescheduled, or deleted as a controlled substance under federal law and notice of that designation, rescheduling, or deletion is given to the administrator, the substance must be similarly scheduled under section 7201 unless the administrator holds a board meeting not more than 60 days after notice is received." Psilocybin is federally schedule I today, so this rule would matter only if federal law rescheduled it.

Local measures: Ann Arbor

On September 21, 2020, the Ann Arbor City Council passed resolution 20-1389 (enactment number R-20-370), titled:

"Resolution Declaring that the Investigation and Arrest of Individuals Involved with the Personal Use, Growth and Possession of Entheogenic Plants, Including Those Scheduled at State and Federal Levels, be the Lowest Priority for the City of Ann Arbor"

The resolution sets a city enforcement priority. It does not change state law: psilocybin remains a schedule 1 controlled substance under MCL 333.7212 in Ann Arbor, and the possession, use and delivery offenses above still apply there.

Federal psilocybin law

Psilocybin and psilocyn are also federal Schedule I substances, and the federal listing reaches "any material, compound, mixture, or preparation, which contains any quantity" of them (21 CFR 1308.11(d)). Federal simple possession of a controlled substance is a misdemeanor under 21 U.S.C. 844(a), punishable by up to one year and a minimum $1,000 fine for a first offense. No DEA or HHS rescheduling notice or rule for psilocybin appears in the Federal Register through October 11, 2026, and no psilocybin drug product had FDA approval as of October 2026. Executive Order 14401 (April 18, 2026) directs the Attorney General to review rescheduling of Schedule I products that complete Phase 3 trials, but it does not reschedule psilocybin.

Driving and criminal records

Michigan's operating-while-intoxicated statute prohibits driving while "under the influence of alcoholic liquor, a controlled substance, or other intoxicating substance" (MCL 257.625(1)(a)), and separately prohibits driving with "any amount of a controlled substance listed in schedule 1" in the body (MCL 257.625(8)). Because psilocybin and psilocyn are schedule 1, the second rule applies whether or not the driver appears impaired; see our guide to Michigan DUI laws. A psilocybin conviction, misdemeanor or felony, creates a criminal record; for whether it can later be set aside, see Michigan expungement laws.

Related

• Psilocybin mushroom laws by state
• Michigan DUI laws
• Michigan expungement laws
• Michigan kratom laws
• Ohio psilocybin mushroom laws

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

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in Michigan?

No. Psilocybin and psilocyn, the controlled compounds in psilocybin mushrooms, are schedule 1 controlled substances under MCL 333.7212(1)(c), and possessing, using, growing or selling them is a crime under Article 7 of the Public Health Code.

Is possession of psilocybin a felony in Michigan?

No. Possession of psilocybin or psilocyn is a misdemeanor under MCL 333.7403(2)(c), punishable by up to 1 year in jail, a fine of up to $2,000, or both, regardless of amount. Possession with intent to deliver is a felony under MCL 333.7401(2)(b)(ii).

What is the penalty for selling psilocybin mushrooms in Michigan?

Delivering psilocybin, or possessing it with intent to deliver, is a felony punishable by up to 7 years in prison, a fine of up to $10,000, or both under MCL 333.7401(2)(b)(ii). Delivery by an adult to a minor at least 3 years younger can carry up to twice the prison term (MCL 333.7410(1)).

Is growing magic mushrooms illegal in Michigan?

Yes. MCL 333.7106(3) defines manufacture to include the propagation of a controlled substance (its own-use exclusion covers only preparation or compounding), so growing can be charged as manufacture, and manufacturing psilocybin is a felony punishable by up to 7 years, a $10,000 fine, or both under MCL 333.7401(2)(b)(ii).

Are psilocybin mushrooms decriminalized in Ann Arbor?

Ann Arbor's City Council passed resolution R-20-370 on September 21, 2020, making investigation and arrest involving personal use, growth and possession of entheogenic plants the city's lowest priority. It is a city resolution, not a change to state law: psilocybin remains schedule 1 under MCL 333.7212 in Ann Arbor too.

Does Michigan have a psilocybin therapy program?

No. Michigan has no state psilocybin-services program. House Bill 4686 would shield some adults with a post-traumatic stress disorder diagnosis from the possession, use and manufacture offenses, but it has not moved past committee referral since June 2025.