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

Independently fact-checkedBy Recording Law Editorial Team12 min read

Independently fact-checked against primary sources (last audited October 12, 2026). · 21 primary sources cited on this page. How we verify our legal content

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

Psilocybin mushrooms are illegal in Missouri. Psilocybin and psilocyn are Schedule I hallucinogenic substances under Mo. Rev. Stat. 195.017.2(5)(ll) and (mm), and possessing them is a class D felony under Mo. Rev. Stat. 579.015, punishable by up to seven years in prison; Missouri has no psilocybin therapy program or decriminalization law, and the 2026 bill to allow psilocybin research for veterans and first responders did not become law. 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 Missouri state law on psilocybin and psilocyn: the controlled-substance schedules in Mo. Rev. Stat. 195.017 and the Department of Health and Senior Services schedule rule (19 CSR 30-1.002), the drug offenses in chapter 579 (possession, delivery, protected-location distribution, manufacture and the trafficking sections), the felony terms and fines in chapter 558, the Good Samaritan provision (195.205), the right-to-try law (191.480), the federal-adoption duty (195.015.4), the intoxicated-driving definitions in chapter 577 and the 2026 psilocybin and ibogaine bills, with one paragraph on federal law. It does not cover city or county ordinances or resolutions, employer or school policies, military rules or other states' laws.

No. Missouri lists psilocybin and psilocyn in Schedule I, its most restrictive schedule, among the hallucinogenic substances in section 195.017.2(5):

"(5) 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, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation: ... (ll) Psilocybin; (mm) Psilocyn;"

The Department of Health and Senior Services also lists psilocybin and psilocyn by name in its schedule rule, 19 CSR 30-1.002, including the emergency amendment in effect from September 25, 2026 to March 23, 2027. Section 195.017 was last amended in 2020 (H.B. 1896).

Because the schedule reaches "any material, compound, mixture or preparation" that contains "any quantity" of either compound, the listing is not limited to purified psilocybin. The schedule names the compounds, not the mushrooms; section 195.017 does not mention mushrooms or spores by name. That silence is not a rule that spores are lawful to possess or sell.

Possession penalties

Possession is a felony at any amount. Section 579.015 provides:

Missouri psilocybin (magic mushroom) laws: effective dates and rollouts

"1. A person commits the offense of possession of a controlled substance if he or she knowingly possesses a controlled substance, except as authorized by this chapter or chapter 195. 2. The offense of possession of any controlled substance except thirty-five grams or less of marijuana or any synthetic cannabinoid is a class D felony."

The only substances the section treats differently are marijuana and synthetic cannabinoids: 35 grams or less of either falls outside the class D felony, and the section's lower tiers (including the misdemeanor for not more than 10 grams in 579.015.4) apply only to them. There is no weight tier for psilocybin. The section's prior-offense language also appears only in that marijuana tier, so 579.015 contains no psilocybin-specific repeat-offense enhancement. General prior and persistent offender sentencing rules in chapter 558 are outside this page's scope.

A class D felony carries "a term of years not to exceed seven years" under section 558.011.1(4), and section 558.002.1 sets the maximum fine for a class C, D or E felony at $10,000.

Selling, delivering or manufacturing psilocybin

Missouri grades distribution and manufacturing offenses by the act and the setting, not by the weight of psilocybin. The ranges come from section 558.011.1, in the version in force until January 1, 2028.

ConductStatuteClassPrison range
Possession, any amount579.015.2Class D felonyUp to 7 years
Delivery, attempted delivery or possession with intent to distribute, any amount579.020.2Class C felony3 to 10 years
Delivery to a person under 17 who is at least two years younger than the defendant, or knowingly permitting a minor to purchase or transport illegally obtained controlled substances579.020.5Class B felony5 to 15 years
Knowingly distributing, selling or delivering, with knowledge of the location, in, on or within 2,000 feet of a school or on a school bus, within 1,000 feet of a public, state, county, municipal or private park designed for public recreation, or on public or government-assisted housing property579.030Class A felony10 to 30 years, or life imprisonment
Manufacturing, producing or growing, or possessing with intent to do so579.055.3Class C felony3 to 10 years
Manufacturing or attempting to manufacture within 2,000 feet of a school, college or university579.055.2Class B felony5 to 15 years

The manufacture offense in section 579.055.1 reaches a person who, except as authorized, "(1) Knowingly manufactures, produces, or grows a controlled substance." Because psilocybin and psilocyn are controlled substances, that definition is the route by which producing them is charged.

The class C, D and E felony fine cap of $10,000 in section 558.002.1 applies to the class C and D offenses in the table.

Missouri's trafficking sections, 579.065 (first degree) and 579.068 (second degree), list specific drugs by name and weight: heroin, cocaine, LSD, PCP, marijuana, amphetamines, MDMA, flunitrazepam, GHB, fentanyl and carfentanil. Psilocybin, psilocyn and hallucinogens generally do not appear in either list, so there is no psilocybin trafficking weight tier; both sections were amended by a 2026 act effective August 28, 2026.

A new version of section 558.011, enacted in 2026 (S.B. 888 and H.B. 2637 and 3155), takes effect on January 1, 2028. It keeps the same prison ranges and adds minimum shares of the sentence that must be served before parole eligibility.

Good Samaritan protection for overdoses

Section 195.205.2 protects people who seek emergency help. A person who, in good faith, seeks or obtains medical assistance for someone experiencing a drug or alcohol overdose or other medical emergency, or the person experiencing it, "shall not be arrested, charged, prosecuted, convicted, or have his or her property subject to civil forfeiture or otherwise be penalized" for a prohibited act under section 579.015 (possession) and certain other sections, if the evidence "was gained as a result of seeking or obtaining medical assistance." The section sets no quantity limit.

Is there a psilocybin therapy or research program in Missouri?

No. Missouri has no law that authorizes psilocybin therapy, decriminalizes personal possession or creates a state psilocybin research program. Sections 195.010, 195.015, 195.017, 195.060 and 195.080 of chapter 195 contain no state research program for Schedule I substances.

Missouri's right-to-try law also does not reach psilocybin. Its definition of an investigational drug in section 191.480.1(2) states: "The term shall not include Schedule I controlled substances."

2026 bills (not enacted)

  • House Bills 1717 and 1643 (Senate Committee Substitute for House Committee Substitute, "alternative therapies") would have repealed section 191.480 and enacted new sections 191.479, 191.480 and 630.1170 so that psilocybin and ibogaine could be used in a defined research and treatment pathway for certain veterans and first responders. The bill passed the House. In the Senate, it was voted do pass on May 6, 2026, reported do pass on May 7, 2026 and placed on the informal calendar the same day, and no final passage or governor action appears. It is not law.
  • House Bills 2817 and 2961 (House Committee Substitute, ibogaine treatment) were placed back on the House formal perfection calendar on May 7, 2026, their last action.
  • House Bill 2922 (alternative therapies) was reported do pass on March 16, 2026, its last action.

None of these bills changed Missouri's schedules or penalties.

How federal changes reach Missouri

If federal law reschedules psilocybin, Missouri's schedules would follow through the health department. Section 195.015.4 provides that if a substance "is designated, rescheduled, or deleted as a controlled substance under federal law and notice thereof is given to the department," the department "shall similarly control the substance under this chapter and shall submit emergency rules to the secretary of state under section 536.025 within thirty days of publication in the federal register of a final order," unless the department objects within that 30-day period. No such federal order exists for psilocybin.

Missouri psilocybin (magic mushroom) laws: clinical research

Federal psilocybin law

As of October 2026, psilocybin and psilocyn remain in federal Schedule I (21 CFR 1308.11(d)(29) and (30)), and the listing reaches any material or preparation that contains them. Simple possession of a controlled substance is a federal misdemeanor under 21 U.S.C. 844(a), with up to 1 year in prison 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 is FDA-approved. Executive Order 14401 (April 18, 2026) directs federal agencies to support psychedelic drug development and to review rescheduling of Schedule I products that complete Phase 3 trials, but it does not reschedule psilocybin. Federal law applies in Missouri alongside state law. Our psilocybin mushroom laws by state hub covers the federal layer in more detail.

Driving and criminal records

Missouri's impaired-driving law defines "intoxicated condition" in Mo. Rev. Stat. 577.001(13) as being "under the influence of alcohol, a controlled substance, or drug, or any combination thereof"; the driving-while-intoxicated offense is in section 577.010, which was amended by H.B. 1740 effective August 28, 2026. See our guide to Missouri DUI laws. A psilocybin possession, delivery or manufacturing conviction in Missouri is a felony conviction; for whether and when Missouri allows a record to be closed, see Missouri expungement laws.

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

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in Missouri?

No. Psilocybin and psilocyn, the compounds in psilocybin mushrooms, are Schedule I substances under Mo. Rev. Stat. 195.017, and possessing any controlled substance other than small amounts of marijuana is a class D felony under 579.015.

What is the penalty for possessing psilocybin in Missouri?

Possession is a class D felony under Mo. Rev. Stat. 579.015.2, punishable by up to seven years in prison under 558.011 and a fine of up to $10,000 under 558.002. The statute sets no lower tier for small amounts of psilocybin.

Is selling psilocybin a felony in Missouri?

Yes. Delivery, or possession with intent to distribute, is a class C felony (3 to 10 years) under Mo. Rev. Stat. 579.020. It rises to a class B felony for delivery to a person under 17 who is at least two years younger, and distribution near a school, in a park area or on public housing property is a class A felony under 579.030 (10 to 30 years or life).

Did Missouri legalize psilocybin therapy for veterans?

No. House Bills 1717 and 1643 (2026) would have created a psilocybin and ibogaine research and treatment pathway for certain veterans and first responders, but the bill was placed on the Senate informal calendar on May 7, 2026 and no final passage or governor action appears. It is not law.

Are psilocybin mushroom spores illegal in Missouri?

Section 195.017 lists the compounds psilocybin and psilocyn and does not mention mushrooms or spores by name. That silence is not a rule that spores are lawful, and growing a controlled substance is a felony under Mo. Rev. Stat. 579.055.

Does Missouri's Good Samaritan law cover psilocybin possession?

Mo. Rev. Stat. 195.205.2 bars arrest, charge, prosecution or conviction for possession under 579.015 when the evidence was gained because someone in good faith sought medical help for an overdose or other medical emergency. The section sets no quantity limit.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. Mo. Rev. Stat. 195.017, Substances placed in schedules(revisor.mo.gov).gov
  2. Mo. Rev. Stat. 579.015, Possession or control of a controlled substance(revisor.mo.gov).gov
  3. Mo. Rev. Stat. 558.011, Sentences of imprisonment(revisor.mo.gov).gov
  4. Mo. Rev. Stat. 558.002, Fines(revisor.mo.gov).gov
  5. Mo. Rev. Stat. 579.020, Delivery of a controlled substance(revisor.mo.gov).gov
  6. Mo. Rev. Stat. 579.030, Distribution of a controlled substance in a protected location(revisor.mo.gov).gov
  7. Mo. Rev. Stat. 579.055, Manufacture of a controlled substance(revisor.mo.gov).gov
  8. 19 CSR 30-1, Department of Health and Senior Services controlled substances rules (incl. 19 CSR 30-1.002 schedules)(www.sos.mo.gov).gov
  9. Mo. Rev. Stat. 579.065, Trafficking drugs, first degree(revisor.mo.gov).gov
  10. Mo. Rev. Stat. 579.068, Trafficking drugs, second degree(revisor.mo.gov).gov
  11. Mo. Rev. Stat. 195.205, Good Samaritan provision for overdoses(revisor.mo.gov).gov
  12. Mo. Rev. Stat. 195.010, Chapter definitions(revisor.mo.gov).gov
  13. Mo. Rev. Stat. 191.480, Investigational drugs (right to try)(revisor.mo.gov).gov
  14. House Bill 1717 (2026), bill actions(house.mo.gov).gov
  15. House Bill 2817 (2026), bill actions(house.mo.gov).gov
  16. Mo. Rev. Stat. 195.015, Authority to control(revisor.mo.gov).gov
  17. 21 CFR 1308.11, Schedule I(www.ecfr.gov).gov
  18. 21 U.S.C. 844, Penalties for simple possession(www.law.cornell.edu)
  19. Executive Order 14401, Accelerating Medical Treatments for Serious Mental Illness(www.federalregister.gov).gov
  20. Mo. Rev. Stat. 577.001, Chapter definitions (intoxicated condition)(revisor.mo.gov).gov
  21. Department of Health and Senior Services, emergency amendment to 19 CSR 30-1.002 (filed Sept. 11, 2026, effective Sept. 25, 2026, expires March 23, 2027)(www.sos.mo.gov).gov
  22. Mo. Rev. Stat. 558.011, version effective Jan. 1, 2028(revisor.mo.gov).gov
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