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

Psilocybin mushrooms are illegal in Mississippi: psilocybin and psilocyn are Schedule I hallucinogenic substances under Miss. Code 41-29-113(d)(29)-(30), which reaches any material containing any quantity of them. Possession of less than 0.1 gram is a misdemeanor punishable by up to one year of imprisonment, and larger amounts carry imprisonment ranges up to 20 years, or trafficking penalties at 30 grams and above, under Miss. Code 41-29-139.

Mississippi has no psilocybin therapy or decriminalization program. Its 2026 laws touching psychedelics are HB 314, an ibogaine clinical-trial act, and SB 2056, which automatically places an FDA-approved crystalline polymorph psilocybin drug on the matching state schedule once the DEA schedules it; neither makes psilocybin mushrooms legal. 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 Mississippi state law on psilocybin and psilocyn: the Schedule I listing in Miss. Code 41-29-113, the possession, sale and trafficking penalties in Miss. Code 41-29-139 as amended by HB 1613 (2026), the location and repeat-offense enhancements (41-29-142, 41-29-147), the overdose Good Samaritan section (41-29-149.1), research registration (41-29-127), the federal-scheduling rule (41-29-111), SB 2056 (2026), HB 314 (2026), and one paragraph on federal law. It does not cover city or county ordinances, federal land rules, military rules or other states' laws.

Are magic mushrooms legal in Mississippi?

No. Mississippi's Schedule I, at Miss. Code 41-29-113, lists both compounds. The Legislature most recently amended and reprinted the whole section in 2026 (SB 2117, Laws 2026, ch. 325, effective July 1, 2026), and subsection (d) reads:

"(d) Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances, their salts, isomers (whether optical, positional, or geometric) and salts of isomers, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation: ... (29) Psilocybin; (30) Psilocyn;"

The entries name the compounds, not mushrooms or spores. Because the subsection covers "any material, compound, mixture or preparation which contains any quantity" of psilocybin or psilocyn, the listing is not limited to the pure chemical.

Psilocybin possession penalties in Mississippi

Miss. Code 41-29-139(c)(1) grades possession of a Schedule I or II substance, other than marijuana and synthetic cannabinoids, by weight or dosage units. The current text comes from HB 1613 (Laws 2026, ch. 451), approved by the Governor on April 8, 2026 and effective July 1, 2026; HB 1613 left these possession tiers in place:

"(A) If less than one-tenth (0.1) gram or two (2) dosage units, the violation is a misdemeanor and punishable by imprisonment for not more than one (1) year or a fine of not more than One Thousand Dollars ($1,000.00), or both. (B) If one-tenth (0.1) gram or more or two (2) or more dosage units, but less than two (2) grams or ten (10) dosage units, by imprisonment for not more than three (3) years or a fine of not more than Fifty Thousand Dollars ($50,000.00), or both. (C) If two (2) or more grams or ten (10) or more dosage units, but less than ten (10) grams or twenty (20) dosage units, by imprisonment for not more than eight (8) years or a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), or both. (D) If ten (10) or more grams or twenty (20) or more dosage units, but less than thirty (30) grams or forty (40) dosage units, by imprisonment for not less than three (3) years nor more than twenty (20) years or a fine of not more than Five Hundred Thousand Dollars ($500,000.00), or both."

The statute labels only the lowest tier a misdemeanor; the higher tiers are stated as prison and fine ranges.

How weight is measured

Subsection (c) sets the measuring rule:

""Dosage unit (d.u.)" means a tablet or capsule, or in the case of a liquid solution, one (1) milliliter. ... For any controlled substance that does not fall within the definition of the term "dosage unit," the penalties shall be based upon the weight of the controlled substance. The weight set forth refers to the entire weight of any mixture or substance containing a detectable amount of the controlled substance. If a mixture or substance contains more than one (1) controlled substance, the weight of the mixture or substance is assigned to the controlled substance that results in the greater punishment."

Material that is not a tablet, capsule or liquid is therefore graded by the entire weight of the mixture or substance that contains a detectable amount, not by the weight of psilocybin alone.

Sale, manufacture and possession with intent

Section 41-29-139(a)(1) makes it unlawful for any person, except as the article authorizes, knowingly or intentionally "(1) To sell, barter, transfer, manufacture, distribute, dispense or possess with intent to sell, barter, transfer, manufacture, distribute or dispense, a controlled substance." Manufacturing is one of the listed acts. Under Miss. Code 41-29-105(q), "manufacture" means "the production, preparation, propagation, compounding, conversion or processing of a controlled substance," and under 41-29-105(z) "production" "includes the manufacture, planting, cultivation, growing or harvesting of a controlled substance." Growing or harvesting material that contains psilocybin or psilocyn therefore falls within the manufacture offense in 41-29-139(a)(1).

Section 41-29-139(b)(1) sets the ranges for a Schedule I substance other than marijuana or synthetic cannabinoids, "Except as otherwise provided in Section 41-29-142":

"(A) If less than two (2) grams or ten (10) dosage units, by imprisonment for not more than eight (8) years or a fine of not more than Fifty Thousand Dollars ($50,000.00), or both. (B) If two (2) or more grams or ten (10) or more dosage units, but less than ten (10) grams or twenty (20) dosage units, by imprisonment for not less than three (3) years nor more than twenty (20) years or a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), or both. (C) If ten (10) or more grams or twenty (20) or more dosage units, but less than thirty (30) grams or forty (40) dosage units, by imprisonment for not less than five (5) years nor more than thirty (30) years or a fine of not more than Five Hundred Thousand Dollars ($500,000.00), or both."

Trafficking and aggravated trafficking

Section 41-29-139(f)(2) defines "trafficking in controlled substances" to include a sale-type violation of subsection (a), and a possession violation of subsection (c), "involving thirty (30) or more grams or forty (40) or more dosage units of a Schedule I or II controlled substance except marijuana and synthetic cannabinoids." The penalty in subsection (f)(1):

"(1) Any person trafficking in controlled substances shall be guilty of a felony and, upon conviction, shall be imprisoned for a term of not less than ten (10) years nor more than forty (40) years and shall be fined not less than Five Thousand Dollars ($5,000.00) nor more than One Million Dollars ($1,000,000.00). The ten-year mandatory sentence shall not be reduced or suspended. The person shall not be eligible for probation or parole, the provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, to the contrary notwithstanding."

Subsection (g) sets a higher tier:

"(g) Aggravated trafficking. Any person trafficking in Schedule I or II controlled substances, except marijuana and synthetic cannabinoids, of two hundred (200) grams or more or of two hundred sixty-seven (267) dosage units or more, shall be guilty of aggravated trafficking and, upon conviction, shall be sentenced to a term of not less than twenty-five (25) years nor more than life in prison and shall be fined not less than Five Thousand Dollars ($5,000.00) nor more than One Million Dollars ($1,000,000.00). The twenty-five-year sentence shall be a mandatory sentence and shall not be reduced or suspended. The person shall not be eligible for probation or parole, the provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, to the contrary notwithstanding."

HB 1613 (2026) amended the aggravated-trafficking provisions; the 267 dosage-unit figure above is the text as amended, effective July 1, 2026.

Section 41-29-139(h) allows a departure from those mandatory terms. A person convicted under the section of an offense that requires a prison sentence which cannot be suspended or reduced and is ineligible for probation or parole may, at the discretion of the court, receive "a sentence of imprisonment that is no less than twenty-five percent (25%) of the sentence prescribed by the applicable statute." To depart, the court must conclude that the offender was not a leader of the criminal enterprise, did not use violence or a weapon during the crime, that the offense did not result in a death or serious bodily injury of a person not a party to the criminal enterprise, and that the interests of justice are not served by the prescribed mandatory sentence. The court must specify on the record the circumstances warranting the departure.

Enhancements: schools, churches and repeat offenses

Miss. Code 41-29-142(1) raises the ceiling for a sale-type offense near certain places. It applies to a person who violates or conspires to violate 41-29-139(a)(1) "in or on, or within one thousand five hundred (1,500) feet of, a building or outbuilding which is all or part of a public or private elementary, vocational or secondary school, or any church, public park, ballpark, public gymnasium, youth center or movie theater or within one thousand (1,000) feet of, the real property comprising such public or private elementary, vocational or secondary school, or any church, public park, ballpark, public gymnasium, youth center or movie theater," and provides that the person "shall, upon conviction thereof, be punished by the term of imprisonment or a fine, or both, of that authorized by Section 41-29-139(b) and, in the discretion of the court, may be punished by a term of imprisonment or a fine, or both, of up to twice that authorized by Section 41-29-139(b)."

Under 41-29-142(2), a second such offense, committed after a prior conviction under subsection (1) has become final, is punishable "by a term of imprisonment of not less than three (3) years and not more than life," and the court may impose up to three times the term or fine authorized by 41-29-139(b).

Miss. Code 41-29-147 covers repeat offenses: "any person convicted of a second or subsequent offense under this article may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both." A prior conviction counts if the offender "has at any time been convicted under this article or under any statute of the United States or of any state relating to narcotic drugs, marihuana, depressant, stimulant or hallucinogenic drugs."

Overdose Good Samaritan section

Under Miss. Code 41-29-149.1(3), as amended by HB 861 (Laws 2025, ch. 482, effective July 1, 2025), a person who in good faith seeks medical assistance for someone experiencing a drug overdose, or who is experiencing an overdose and seeks or is the subject of a request for medical assistance, "shall not be arrested, charged, or prosecuted for a drug violation" on evidence that the person is under the influence of or possesses a controlled substance. The 2025 amendment extends the same protection to a person who in good faith seeks medical assistance for or reports a sexual offense. The protection covers only a "drug violation" as defined, and for possession that term is limited by quantity:

"(b) "Drug violation" means: (i) A violation of Section 41-29-139 for possession of a controlled substance if the aggregate weight, including any mixture, is less than four (4) grams of a solid substance, less than twenty (20) dosage units, less than one (1) milliliter of liquid substance, or, if the substance is placed onto a secondary medium, has a combined weight of less than four (4) grams; ..."

Possession of larger quantities falls outside that definition.

Psilocybin therapy, research, HB 314 and SB 2056

Mississippi law sets up no psilocybin therapy, medical-use or decriminalization program. The exception for the Mississippi Medical Cannabis Act in 41-29-139(c) covers cannabis only, not psilocybin.

In 2026 the Legislature passed HB 314 (Laws 2026, ch. 424), which the Governor approved on March 26, 2026. It provides: "This act shall be known as the Ibogaine Drug Development Clinical Trial Act," and "This act shall take effect and be in force from and after July 1, 2026." It concerns ibogaine, and its text does not mention psilocybin. Two 2026 Senate ibogaine bills, SB 2561 and SB 2562, died in committee.

Research with controlled substances runs through registration under Miss. Code 41-29-127, which provides that registration "does not entitle a registrant to manufacture and distribute controlled substances in Schedule I or II, as set out in Sections 41-29-113 and 41-29-115, other than those specified in the registration." For Schedule I substances such as psilocybin, 41-29-127(c), as amended by SB 2095 (2022), provides: "Practitioners registered under federal law to conduct research with Schedule I substances, as set out in Section 41-29-113, may conduct research with Schedule I substances within this state upon furnishing the State Board of Health evidence of that federal registration."

For most federal scheduling changes, Mississippi's code sends the change to the Legislature. Miss. Code 41-29-111(1)(d), as reprinted by SB 2056 (2026), provides: "If any substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice thereof is given to the State Board of Health, it shall recommend the control of the substance under this article at the next session of the Legislature."

SB 2056 (Laws 2026, ch. 322), approved by the Governor on March 13, 2026 and effective July 1, 2026, makes one exception for a psilocybin drug. Section 1 provides that "any pharmaceutical composition of crystalline polymorph psilocybin that is approved by the United States Food and Drug Administration and is then scheduled by the United States Drug Enforcement Administration shall be automatically scheduled on the corresponding state schedule in Sections 41-29-113 through 41-29-121 and shall be subject to the fines and penalties of that state schedule." The automatic scheduling runs from the date the drug is designated on the federal schedule "until the effective date of legislation amending the corresponding state schedule or until the conclusion of the next regular session of the Legislature, including the time period in which the bill is subject to veto by the governor, whichever is earlier."

The exception reaches only an FDA-approved pharmaceutical composition that the DEA has scheduled. It does not remove psilocybin or psilocyn from Schedule I, and it does not make psilocybin mushrooms or any other psilocybin legal. No psilocybin drug had FDA approval as of October 11, 2026, so the exception has not yet applied to any product.

Federal psilocybin law

Psilocybin (DEA code 7437) and psilocyn (7438) are Schedule I hallucinogenic substances under federal law (21 CFR 1308.11(d)(29)-(30)), which reaches any material, compound, mixture or preparation containing any quantity of them. Federal simple possession of a controlled substance is a 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. No DEA or HHS notice or rule rescheduling psilocybin appears in the Federal Register through October 11, 2026. Executive Order 14401 (April 2026) directs the FDA to give national priority vouchers to psychedelic drugs with Breakthrough Therapy designation and the Attorney General to review rescheduling of Schedule I products that complete Phase 3 trials; it does not reschedule psilocybin. Our psilocybin mushroom laws by state hub covers the federal layer in more detail.

Driving and criminal records

Miss. Code 63-11-30(1) makes it unlawful to drive or operate a vehicle if the person "(b) Is under the influence of any other substance that has impaired the person's ability to operate a motor vehicle; (c) Is under the influence of any drug or controlled substance, the possession of which is unlawful under the Mississippi Controlled Substances Law." Clause (b) reaches any impairing substance, and clause (c) covers drugs whose possession is unlawful in Mississippi, which includes psilocybin. Our guide to Mississippi DUI laws covers the rest of the section and its penalties.

Any conviction under 41-29-139, from the misdemeanor tier up, creates a criminal record. Whether a Mississippi drug conviction can later be cleared is covered in our guide to Mississippi expungement laws.

Related

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

This article provides general legal information about Mississippi state law as of October 11, 2026. It is not legal advice. Miss. Code 41-29-113 and 41-29-139 are quoted from the enrolled bills that reprint them in full (SB 2117 of 2026 and HB 1613 of 2026) on the Mississippi Legislature's bill-status site. Miss. Code 41-29-111 is quoted from SB 2056 (2026), 41-29-127 from SB 2095 (2022), 41-29-149.1 from HB 861 (2025) and 63-11-30 from HB 292 (2024), each of which reprints the section as amended. Miss. Code 41-29-105, 41-29-142 and 41-29-147 are quoted from their existing text as reprinted in later bills that did not pass (HB 448 of 2026, SB 2257 of 2023 and HB 87 of 2026); the official Mississippi Code controls. For advice about a specific situation, contact a lawyer licensed in Mississippi.

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in Mississippi?

No. Psilocybin and psilocyn are Schedule I hallucinogens under Miss. Code 41-29-113(d), and the listing covers any material containing any quantity of them. Possession is a crime under Miss. Code 41-29-139.

What is the penalty for possessing psilocybin in Mississippi?

Under Miss. Code 41-29-139(c)(1), less than 0.1 gram or two dosage units is a misdemeanor punishable by up to one year, a fine of up to $1,000, or both. Larger amounts carry up to 3 years, up to 8 years, or 3 to 20 years depending on weight, and 30 grams or more is trafficking.

How is the weight of mushrooms counted in Mississippi?

Miss. Code 41-29-139(c) says the weight is the entire weight of any mixture or substance containing a detectable amount of the controlled substance. Penalties use dosage units (a tablet or capsule, or one milliliter of liquid) only where an item fits that definition; otherwise they use weight.

What is the penalty for selling psilocybin in Mississippi?

Under Miss. Code 41-29-139(b)(1), sale, transfer, manufacture or possession with intent carries up to 8 years for under 2 grams, 3 to 20 years for 2 to under 10 grams, and 5 to 30 years for 10 to under 30 grams. Thirty grams or more is trafficking, with a 10-year mandatory term and no probation or parole, which the court may reduce to no less than 25% of the prescribed sentence only on the findings in 41-29-139(h).

Are psilocybin spores legal in Mississippi?

Mississippi's Schedule I names the compounds psilocybin and psilocyn rather than mushrooms or spores. That is not a statement that spores are lawful. The Act defines manufacture to include production, and production to include planting, cultivating, growing or harvesting a controlled substance (41-29-105(q), (z)). A Mississippi lawyer can address a specific situation.

Does Mississippi have a psilocybin therapy program?

No. Mississippi law sets up no psilocybin therapy or decriminalization program. HB 314 (2026), effective July 1, 2026, is the Ibogaine Drug Development Clinical Trial Act; its text does not mention psilocybin. SB 2056 (2026) automatically schedules an FDA-approved crystalline polymorph psilocybin drug once the DEA schedules it; it creates no therapy program and does not make psilocybin mushrooms legal.