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

Magic mushrooms are illegal in Minnesota. Psilocybin and psilocyn, the compounds the law targets, are Schedule I hallucinogens under Minn. Stat. 152.02, subdivision 2(d), and possessing any mixture that contains them is fifth-degree controlled substance crime under Minn. Stat. 152.025: a gross misdemeanor for a first offense involving less than 0.25 grams or one dosage unit, and otherwise an offense punishable by up to 5 years in prison. Minnesota has no psilocybin therapy program or decriminalization law; a state task force recommended both in 2025, but the Legislature has not enacted either. 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 Minnesota state law on psilocybin and psilocyn: the Schedule I listing in Minn. Stat. 152.02, the controlled-substance crimes in sections 152.021 to 152.025 and their weight and dosage-unit tiers, the general sentencing statute (Minn. Stat. 609.03), the research provision in section 152.12, the overdose Good Samaritan law (section 604A.05), the driving-while-impaired statute, the Psychedelic Medicine Task Force and the 2025-2026 bills, with one paragraph on federal law. It does not cover city or county resolutions, tribal law, employer policies or other states' laws.

Are magic mushrooms legal in Minnesota?

No. Minnesota lists psilocybin and psilocyn among the Schedule I hallucinogens in Minn. Stat. 152.02, subdivision 2(d):

"(d) Hallucinogens. Any material, compound, mixture or preparation which contains any quantity of the following substances, their analogs, salts, isomers (whether optical, positional, or geometric), and salts of isomers, unless specifically excepted or unless listed in another schedule, whenever the existence of the analogs, salts, isomers, and salts of isomers is possible: ... (21) psilocybin; (22) psilocyn;"

The Board of Pharmacy's Schedule I rule, Minnesota Rules, part 6800.4210, lists the same two compounds. The schedule names the chemicals, not the mushrooms, and it reaches any material "which contains any quantity" of them. The schedule does not name mushroom spores, and no Minnesota statute separately addresses them.

How Minnesota measures psilocybin offenses

Minnesota grades drug crimes by degree, from fifth degree (the least serious) up to first degree, based largely on the amount involved. Two definitions in Minn. Stat. 152.01 control how psilocybin is measured:

• "Hallucinogen" means "any hallucinogen listed in section 152.02, subdivision 2, paragraph (d), or Minnesota Rules, part 6800.4210, item C, except marijuana and Tetrahydrocannabinols" (subdivision 5a). Psilocybin and psilocyn are on that list, so every statutory tier written for a "hallucinogen" applies to them.
• "Mixture" means "a preparation, compound, mixture, or substance containing a controlled substance, regardless of purity" (subdivision 9a, subject to listed exceptions).

The weight tiers therefore count the total weight of the mixture, not the amount of psilocybin in it. Some tiers are measured in dosage units instead. The statutes quoted here do not say how whole or dried mushrooms are converted into dosage units, and this page does not guess.

Possession penalties (fifth degree)

Simple possession is fifth-degree controlled substance crime. Minn. Stat. 152.025, subdivision 2(a)(1) covers a person who "unlawfully possesses one or more mixtures containing a controlled substance classified in Schedule I, II, III, or IV," with exceptions for cannabis-type products and for a residual amount of a controlled substance contained in drug paraphernalia. The penalty depends on the amount and on the person's record. Subdivision 4 provides:

"(a) A person convicted under the provisions of subdivision 2, clause (1), who has not been previously convicted of a violation of this chapter or a similar offense in another jurisdiction, is guilty of a gross misdemeanor if: (1) the amount of the controlled substance possessed, other than heroin, is less than 0.25 grams or one dosage unit or less if the controlled substance was possessed in dosage units; ... (b) A person convicted under the provisions of subdivision 1; subdivision 2, clause (1), unless the conduct is described in paragraph (a); or subdivision 2, clause (2), may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both."

The gross misdemeanor tier does not state its own sentence. Minnesota's general sentencing statute, Minn. Stat. 609.03, supplies it: a gross misdemeanor is punishable "to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both."

Deferred prosecution for first-time possession (Minn. Stat. 152.18)

For fifth-degree possession under section 152.025, subdivision 2, the statute says the court "must defer prosecution" for a person found guilty who has not previously participated in or completed a diversion program under section 401.065, has not previously been discharged from probation under section 152.18, and has no prior felony conviction under any state or federal law and no prior gross misdemeanor conviction under section 152.025 (subdivision 1(b)).

For possession under section 152.023, subdivision 2 or 152.024, subdivision 2, and for fifth-degree possession by a person who meets only the subdivision 1(a) conditions, the statute says the court "may defer prosecution" (subdivision 1(a)). Those conditions are no prior diversion program, no prior discharge under section 152.18, and no felony conviction under chapter 152 (including a felony-level attempt or conspiracy), or federal or other-state conviction for a similar offense that would be a felony under chapter 152, unless ten years have passed since discharge from sentence.

Deferral requires the person's consent. The court places the person on probation without entering a judgment of guilty and may enter an adjudication of guilt if a condition is violated. If probation ends without a violation, the court discharges the person and dismisses the proceedings. The Bureau of Criminal Apprehension keeps a not-public record, and the statute says the discharge or dismissal "shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime or for any other purpose."

Sale, intent to sell and larger amounts

Selling psilocybin is a more serious offense than possessing it, and the degree rises with the amount. The table summarizes the tiers that apply to psilocybin and psilocyn.

Minnesota's definition of "sell" is broad. It includes giving away, delivering or exchanging a drug, offering to do so, and "to manufacture," and "manufacture" includes cultivation (Minn. Stat. 152.01, subdivisions 7 and 15a). Growing psilocybin mushrooms or sharing them for free can therefore be charged as a fourth-degree sale crime even when nothing is sold for money.

The fourth-degree sale and possession crimes in Minn. Stat. 152.024 read:

"Subdivision 1. Sale crimes. A person is guilty of controlled substance crime in the fourth degree if: (1) the person unlawfully sells one or more mixtures containing a controlled substance classified in Schedule I, II, or III, except marijuana or Tetrahydrocannabinols; ... Subd. 2. Possession crimes. ... (1) the person unlawfully possesses one or more mixtures containing phencyclidine or hallucinogen, it is packaged in dosage units, and equals ten or more dosage units; or (2) the person unlawfully possesses one or more mixtures containing a controlled substance classified in Schedule I, II, or III, except marijuana or Tetrahydrocannabinols, with the intent to sell it. Subd. 3. Penalty. A person convicted under subdivision 1 or 2 may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $100,000, or both."

The second-degree hallucinogen tiers in Minn. Stat. 152.022 apply when a person, "on one or more occasions within a 90-day period," sells "one or more mixtures of a total weight of ten grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 50 or more dosage units," or possesses "one or more mixtures of a total weight of 50 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 100 or more dosage units." A second-degree conviction carries up to 25 years, a $500,000 fine, or both; after a prior first- or second-degree drug conviction within ten years of discharge from sentence, the sentence is 3 to 40 years in prison (Minn. Stat. 152.022, subdivision 3; 152.01, subdivision 16a).

The first-degree hallucinogen tiers in Minn. Stat. 152.021 apply to selling "one or more mixtures of a total weight of 50 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 200 or more dosage units" within a 90-day period, and to possessing 500 grams or more, or 500 or more dosage units. A first-degree conviction carries up to 30 years, a $1,000,000 fine, or both, and 4 to 40 years after such a prior conviction (subdivision 3).

Sales to minors, school zones and other locations

Selling any mixture containing psilocybin to a person under 18, or conspiring with or employing a person under 18 to sell it, is third-degree controlled substance crime regardless of amount (Minn. Stat. 152.023, subdivision 1, clauses (3) and (4)).

Minnesota's location enhancement in Minn. Stat. 152.022, subdivision 1(6), which raises certain sales in "a school zone, a park zone, a public housing zone, or a drug treatment facility" to second degree, names "any amount of a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine" and mixtures containing methamphetamine or amphetamine. Psilocybin and psilocyn are not on that list. The school-zone possession tier in section 152.023, subdivision 2(a)(4) names narcotic drugs, LSD, MDA and MDMA, not psilocybin.

Overdose Good Samaritan protection

Minnesota's Good Samaritan law, Minn. Stat. 604A.05, protects a person who calls for help during a drug overdose from some possession charges. It provides that a person "acting in good faith who seeks medical assistance for or acts in concert with a person seeking medical assistance for another person who is experiencing a drug-related overdose may not be charged or prosecuted for the possession, sharing, or use of a controlled substance under section 152.023, subdivision 2, 152.024, or 152.025."

The protection has conditions. It applies only if the evidence was obtained as a result of seeking medical assistance and the person "provides a name and contact information, remains on the scene until assistance arrives or is provided, and cooperates with the authorities." It is limited to charges for possession, sharing or use under the sections it lists; the first- and second-degree crimes in sections 152.021 and 152.022 are not on that list.

A separate subdivision protects the person who experiences the overdose from possession charges under sections 152.024 and 152.025 and certain third-degree clauses, and from drug paraphernalia charges, when the evidence was obtained because of the overdose and the need for medical help (Minn. Stat. 604A.05, subdivision 2).

No therapy program or decriminalization in Minnesota

Minnesota has no state psilocybin program, no medical-access law and no decriminalization statute; the Schedule I listing and the crimes above apply statewide. Proposals to change that have so far stopped at the recommendation and bill stage.

The Psychedelic Medicine Task Force

According to the Minnesota Department of Health, "In the 2023 legislative session, the Minnesota Legislature established a Psychedelic Medicine Task Force." The task force's legislative report dated January 1, 2025 made three recommendations by a two-thirds vote of its members:

"By a two-thirds supermajority vote of its members, the task force recommends the Minnesota legislature: 1. Create a state-regulated clinical program for the therapeutic administration of psilocybin-containing mushrooms. 2. Remove criminal penalties for the personal use and possession of psilocybin-containing mushrooms."

Its third recommendation was to fund more research on MDMA, psilocybin and LSD.

The report is the task force's recommendation to the Legislature. It is not law and does not change any penalty.

2025 and 2026 bills (not law)

Several psilocybin bills were introduced in the 94th Legislature (2025-2026). None passed before the Legislature adjourned sine die on May 18, 2026, ending the biennium:

• House File 2906 (introduced March 27, 2025), described on its bill page as "Psilocybin therapeutic use program established," received a committee report on March 16, 2026 and was re-referred to the Commerce Finance and Policy committee, where it stopped.
• House File 4577 and Senate File 4485 (2026), companion bills, were re-referred to the House Veterans and Military Affairs Division on April 9, 2026 and referred to the Senate Health and Human Services committee on March 17, 2026, respectively, with no passage shown.
• House File 2699 (2025), on cultivation, possession and personal use by adults 21 and older, was introduced on March 24, 2025 and referred to the Health Finance and Policy committee, with no action shown after that.

The 2026 health omnibus law, Laws 2026, chapter 127 (Senate File 4612, approved May 26, 2026), contains no psilocybin or psychedelic provision. Any new proposal would have to be introduced as a new bill, beginning with the 2027 session.

The research provision

Minnesota law already allows controlled substances in research, within limits. Minn. Stat. 152.12, subdivision 3 provides: "Any qualified person may use controlled substances in the course of a bona fide research project but cannot administer or dispense such drugs to human beings unless such drugs are prescribed, dispensed and administered by a person lawfully authorized to do so." Researchers must register annually with the Board of Pharmacy unless they are covered by and comply with federal laws covering such research. The provision creates no state psilocybin research program, and it does not change the rules for anyone outside a bona fide research project.

Local measures

This page does not address city or county resolutions. Whatever a local body adopts, the state offenses in chapter 152 still apply.

Could a federal change carry into Minnesota?

Minnesota does not adopt federal scheduling decisions automatically. Under Minn. Stat. 152.02, subdivision 12(a), if a substance "is designated, rescheduled, or deleted as a controlled substance under federal law, the Board of Pharmacy may similarly and temporarily control the substance under this chapter by issuing an order and causing it to be published in the State Register." The section adds: "The order expires no later than 12 months after the date of issue and may not be renewed."

Federal psilocybin law

Psilocybin and psilocyn are federal Schedule I hallucinogens under 21 CFR 1308.11(d)(29)-(30), a listing that, like Minnesota's, reaches any material, compound, mixture or preparation containing any quantity of them. Federal simple possession is a misdemeanor under 21 U.S.C. 844(a), with a maximum of 1 year for a first offense. No psilocybin drug is FDA-approved. Executive Order 14401 (April 2026) directs the FDA to give priority vouchers to certain psychedelic drugs and directs the Attorney General to review rescheduling of Schedule I products that complete Phase 3 trials, but it does not reschedule psilocybin. Federal law applies in Minnesota alongside state law. Our psilocybin mushroom laws by state hub covers the federal layer in more detail.

Driving and criminal records

Minnesota's driving-while-impaired statute, Minn. Stat. 169A.20, subdivision 1, covers driving while "under the influence of a controlled substance" (clause (2)) and also has a per se clause, clause (7), for when "the person's body contains any amount of a controlled substance listed in Schedule I or II, or its metabolite," with exceptions for cannabis-type products. Psilocybin is a Schedule I substance, so that clause reaches any amount of it or its metabolite in the body. See our guide to Minnesota DUI laws.

A psilocybin conviction at any degree is a criminal record; a possession case dismissed after deferral under Minn. Stat. 152.18 is not a conviction, though a not-public record of it remains. For how expungement works in Minnesota, see Minnesota expungement laws.

Related

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

This article provides general legal information about Minnesota state law as of October 11, 2026. It is not legal advice. Bills, Board of Pharmacy orders and federal actions can change the rules. For advice about a specific situation, contact a lawyer licensed in Minnesota.

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in Minnesota?

No. Psilocybin and psilocyn, the compounds in psilocybin mushrooms, are Schedule I controlled substances under Minn. Stat. 152.02, and possessing or selling a mixture that contains them is a controlled substance crime under sections 152.021 to 152.025.

What is the penalty for possessing psilocybin in Minnesota?

Possession is fifth-degree controlled substance crime under Minn. Stat. 152.025. For a person with no prior drug conviction and less than 0.25 grams or one dosage unit or less, it is a gross misdemeanor (up to 364 days, $3,000, or both, under Minn. Stat. 609.03); otherwise it carries up to 5 years, a $10,000 fine, or both, and larger amounts are charged at higher degrees. For fifth-degree possession, Minn. Stat. 152.18 requires the court to defer prosecution, with the person's consent, for someone without a prior diversion, prior 152.18 discharge, prior felony or prior 152.025 gross misdemeanor; a case dismissed after probation is not a conviction.

Has Minnesota decriminalized psilocybin?

No. The Psychedelic Medicine Task Force recommended removing criminal penalties for personal use and possession of psilocybin-containing mushrooms in its January 1, 2025 report, but the Legislature has not enacted that change, and the Schedule I listing in Minn. Stat. 152.02 still applies.

Does Minnesota have a psilocybin therapy program?

No. House File 2906 would have established a psilocybin therapeutic use program, but it did not pass before the Legislature adjourned on May 18, 2026, and no Minnesota statute creates a state psilocybin program.

Is it illegal to sell psilocybin mushrooms in Minnesota?

Yes. Selling any mixture containing psilocybin or psilocyn, including giving it away, is fourth-degree controlled substance crime under Minn. Stat. 152.024, punishable by up to 15 years, a $100,000 fine, or both, and larger or repeated sales within 90 days are charged at the third, second or first degree.

Are psilocybin mushroom spores illegal in Minnesota?

Minnesota's schedule names the chemicals psilocybin and psilocyn and covers any material that contains any quantity of them; it does not name mushrooms or spores. Minnesota statutes do not separately address spores. Growing psilocybin mushrooms is different: cultivation is manufacture, which the statute treats as a sale, so it can be charged as fourth-degree controlled substance crime under Minn. Stat. 152.024.