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

Magic mushrooms are not legal in Nebraska: psilocybin and psilocin are Schedule I controlled substances under Neb. Rev. Stat. 28-405, and knowingly possessing any amount without a valid medical order is a Class IV felony under 28-416(3). Nebraska has no psilocybin therapy or decriminalization law; its only exception covers an FDA-approved crystalline polymorph psilocybin drug, and no such drug had FDA approval as of October 2026. 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 Nebraska state statutes on psilocybin: the controlled substance schedules (Neb. Rev. Stat. 28-404 and 28-405), the prohibited-acts and penalty section (28-416), the felony class ranges (28-105), Schedule I research registration (28-408), the overdose-help protection (28-472) and the impaired-driving statute (60-6,196), with one paragraph on federal law. It does not cover city or county policies, tribal law, federal property, employer or school policies, military rules or other states' laws.

Are magic mushrooms legal in Nebraska?

No. Section 28-404 declares that the drugs and substances listed in 28-405 are controlled substances, and 28-405 places psilocybin and psilocin in Schedule I among the hallucinogenic substances:

(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, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation ... (12) Psilocybin. Psilocybin does not include any pharmaceutical composition of crystalline polymorph psilocybin approved by the federal Food and Drug Administration; (13) Psilocin;

The entry names the compounds, not the mushroom. Because it reaches "any material, compound, mixture, or preparation which contains any quantity" of psilocybin or psilocin, it covers mushrooms that contain them. The schedule does not use the words mushroom or spore. The current text of 28-405 took effect July 18, 2026, after the 2026 schedule acts LB 795 and LB 877; LB 795 and LB 877 both changed the spelling "Psilocyn" to "Psilocin."

What is the penalty for psilocybin possession in Nebraska?

Possession is a felony for any amount. Section 28-416(3) provides:

(3) A person knowingly or intentionally possessing a controlled substance, except marijuana or any substance containing a quantifiable amount of the substances, chemicals, or compounds described, defined, or delineated in subdivision (c)(28) of Schedule I of section 28-405, unless such substance was obtained directly or pursuant to a medical order issued by a practitioner authorized to prescribe while acting in the course of his or her professional practice, or except as otherwise authorized by the act, shall be guilty of a Class IV felony.

The marijuana and THC exclusion does not reach psilocybin, so the Class IV felony applies. Section 28-105 sets the range for a Class IV felony: a maximum of two years' imprisonment and twelve months of post-release supervision, or a ten thousand dollar fine, or both, with no minimum for imprisonment or post-release supervision. Subsection (3) has no weight element; the same Class IV felony applies whatever the amount.

Section 28-416(3) also provides that a person is not in violation of the subsection if section 28-472 or 28-1701 applies. Section 28-472, the overdose-help protection, is described below. Section 28-1701 bars arrest or prosecution for possession under 28-416(3) of a person who witnessed or was the victim of a sexual assault and who reported it in good faith or requested emergency medical help for the victim, when the evidence was obtained because of that report or request. It also bars arrest or prosecution for that possession when the evidence was obtained or discovered as a result of the investigation or prosecution of a sexual assault and the person cooperates with law enforcement in it (28-1701(2)).

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

Section 28-416(1) prohibits knowingly or intentionally manufacturing, distributing, delivering or dispensing a controlled substance, or possessing one with intent to do so. Subsection (2) sets the class by schedule:

(2) Except as provided in subsections (4), (5), (7), (8), (9), (10), and (11) of this section, any person who violates subsection (1) of this section with respect to: (a) A controlled substance classified in Schedule I, II, or III of section 28-405 which is an exceptionally hazardous drug shall be guilty of a Class II felony; (b) any other controlled substance classified in Schedule I, II, or III of section 28-405 shall be guilty of a Class IIA felony;

Psilocybin is not an "exceptionally hazardous drug." Section 28-401 defines that term as a narcotic drug, thiophene analog of phencyclidine, phencyclidine, amobarbital, secobarbital, pentobarbital, amphetamine or methamphetamine. Psilocybin therefore falls under 28-416(2)(b), a Class IIA felony. Under 28-105, a Class IIA felony carries up to twenty years' imprisonment with no minimum; 28-105 lists no fine or post-release supervision term for that class.

The weight-based tiers in 28-416(7) through (11), which reach higher felony classes by the quantity of "any mixture or substance containing a detectable amount," apply only to the drugs those subsections name: cocaine, crack, heroin, amphetamine or methamphetamine, and fentanyl. None of them names psilocybin, so a psilocybin distribution charge has no quantity tiers.

Sections 28-401, 28-405 and 28-416 contain no provision specific to mushrooms or to spores. Section 28-401 defines "manufacture" to include the "production" and "propagation" of a controlled substance, and "production" to include its "planting, cultivation, or harvesting." The own-use exception in the definition of manufacture covers only "the preparation or compounding of a controlled substance by an individual for his or her own use." The Nebraska Supreme Court held that the exception "only applies to 'preparation' and 'compounding,' but does not apply to the 'production' of a controlled substance, even if that production is for personal use" (State v. Bossow, 274 Neb. 836 (2008), a marijuana case). Under these definitions, growing mushrooms that contain psilocybin can be charged as manufacture under 28-416(1), a Class IIA felony under 28-416(2)(b), and not only as simple possession.

Enhancements for minors and school zones

Section 28-416(4)(a) raises the penalty for distribution-type offenses committed by an adult near young people:

(4)(a) Except as authorized by the Uniform Controlled Substances Act, any person eighteen years of age or older who knowingly or intentionally manufactures, distributes, delivers, dispenses, or possesses with intent to manufacture, distribute, deliver, or dispense a controlled substance or a counterfeit controlled substance (i) to a person under the age of eighteen years, (ii) in, on, or within one thousand feet of the real property comprising a public or private elementary, vocational, or secondary school, a community college, a public or private college, junior college, or university, or a playground, or (iii) within one hundred feet of a public or private youth center, public swimming pool, or video arcade facility shall be punished by the next higher penalty classification than the penalty prescribed in subsection (2), (7), (8), (9), (10), or (11) of this section, depending upon the controlled substance involved, for the first violation and for a second or subsequent violation shall be punished by the next higher penalty classification than that prescribed for a first violation of this subsection, but in no event shall such person be punished by a penalty greater than a Class IB felony.

The enhancement applies to manufacture, distribution, delivery, dispensing and possession with intent. It does not apply to simple possession under 28-416(3). For psilocybin, the penalty prescribed in subsection (2) is a Class IIA felony. The 28-105 table lists Class II immediately above Class IIA (1 to 50 years) and Class ID immediately above Class II (3-year mandatory minimum, up to 50 years), so under these terms a first violation is punished as a Class II felony and a second or subsequent violation as a Class ID felony. Not knowing the other person's age is not a defense (28-416(6)).

Two more enhancements raise a distribution-type offense to the next higher penalty classification: an adult who employs, hires, uses or induces a person under 18 to carry out or help with the offense (28-416(5)), and an offense committed while knowingly or intentionally possessing a firearm, or one that results in use of the drug that directly and proximately causes another person's death or serious bodily injury (28-416(17)); neither can exceed a Class IB felony. Possessing money used or intended to be used to facilitate a distribution offense is a separate Class IV felony (28-416(18)).

Anyone convicted under 28-416 who is placed on probation must complete drug treatment and counseling as a condition of probation, and anyone sentenced to the Department of Correctional Services must attend treatment and counseling (28-416(15)-(16)). For a person 18 or younger convicted or adjudicated under 28-416 who holds a driver's license or permit, the court may impound it for 30 days on a first offense, 90 days on a second and 12 months on a third or later offense (28-416(20)).

The FDA-approved psilocybin exception

LB 72 of 2025, approved by the Governor on February 25, 2025 and in effect since September 3, 2025, added the carve-out quoted above to Schedule I and listed the excluded product in Schedule IV. The current text of 28-405 carries it as Schedule IV(g):

(g) Any pharmaceutical composition of crystalline polymorph psilocybin approved by the federal Food and Drug Administration.

The carve-out is narrow. It does not reschedule psilocybin, and it does not cover psilocybin mushrooms, extracts or any product the FDA has not approved; those remain in Schedule I. It is a trigger tied to an FDA approval, and no psilocybin drug product had FDA approval as of October 2026. Federal law would continue to list psilocybin in Schedule I unless the federal schedule were changed separately. If the FDA approves such a product, Nebraska's schedule would place it in Schedule IV without further legislation. An approved product would still be a controlled substance: possessing it without a medical order would remain a Class IV felony under 28-416(3), and unlawfully distributing it would be a Class IIIA felony under 28-416(2)(c).

Does Nebraska have a psilocybin therapy or research program?

No. Nebraska's Uniform Controlled Substances Act contains no psilocybin therapy program, decriminalization rule or reduced penalty for psilocybin; the only psilocybin-specific text is the Schedule I entry and the FDA-approved product carve-out. The 2025-2026 bills that amended 28-405 (LB 72, LB 230, LB 795 and LB 877) changed the schedule text; none created a psilocybin program.

Research with Schedule I substances requires a practitioner registration. Section 28-408(3) provides:

A registration application by a practitioner who wishes to conduct research with Schedule I substances shall be referred to the department for approval or disapproval.

The same subsection allows registration for "bona fide research with Schedule I substances by a practitioner" to be denied only on a ground in 28-409(1) or if there are reasonable grounds to believe the applicant will abuse or unlawfully transfer the substances or fail to safeguard them against diversion. A research registration authorizes the registered research; it does not permit anyone else to possess psilocybin. Ibogaine, another hallucinogen, is also in Schedule I.

Overdose-help protection

Section 28-472 protects a person who seeks emergency help for an overdose from the possession charge in 28-416(3) and the paraphernalia offense in 28-441:

(1) A person shall not be in violation of section 28-441 or subsection (3) of section 28-416 if: (a) Such person made a good faith request for emergency medical assistance in response to a drug overdose of himself, herself, or another; ... (i) Such requesting person remained on the scene until medical assistance or law enforcement personnel arrived; and (ii) Such requesting person cooperated with medical assistance and law enforcement personnel.

The section also covers a person experiencing the overdose when the evidence came from another person's request for help. It does not protect against distribution charges, and it does not prevent investigation or prosecution for drug-induced homicide or any other offense.

Federal psilocybin law

Federal law lists psilocybin and psilocyn in Schedule I (21 CFR 1308.11(d)(29)-(30), October 6, 2026 version), reaching any material or preparation that contains them, and federal simple possession 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 appeared in the Federal Register through October 11, 2026, and no psilocybin drug product had FDA approval. Executive Order 14401 (April 18, 2026) directs a federal rescheduling review and other steps, but it does not reschedule psilocybin. Our psilocybin mushroom laws by state hub covers the federal layer in more detail.

Driving

Nebraska's impaired-driving statute, 60-6,196(1)(a), makes it unlawful to operate or be in the actual physical control of a motor vehicle "While under the influence of alcoholic liquor or of any drug." The clause reaches impairment by any drug; whether a driver was under the influence in a particular case turns on the facts. See our guide to Nebraska DUI laws.

Criminal records

Each psilocybin offense in 28-416 described above is a felony. Whether and how a record can later be set aside or sealed is covered in our guide to Nebraska expungement laws.

Related

• Psilocybin mushroom laws by state
• Nebraska DUI laws
• Nebraska expungement laws
• Nebraska kratom laws
• Colorado psilocybin mushroom laws
• Iowa psilocybin mushroom laws

This article provides general legal information about Nebraska state law as of October 11, 2026. It is not legal advice. The statutes are quoted from the Nebraska Legislature's current online text, which reflects the 2026 amendments in LB 795 and LB 877; the FDA-approved product subdivision, added by LB 72 of 2025, is quoted from the current text of 28-405, Schedule IV(g). The Legislature can amend the schedules or penalties in any session. For advice about a specific situation, contact a lawyer licensed in Nebraska.

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in Nebraska?

No. Psilocybin and psilocin are Schedule I controlled substances under Neb. Rev. Stat. 28-405, and knowingly possessing any material containing them without a valid medical order is a Class IV felony under 28-416(3).

Is possessing psilocybin a felony in Nebraska?

Yes. Possession of a controlled substance other than marijuana or THC is a Class IV felony under 28-416(3), punishable by up to two years' imprisonment and twelve months of post-release supervision, a $10,000 fine, or both (28-105). The possession offense has no weight threshold.

What is the penalty for selling psilocybin in Nebraska?

Manufacturing, distributing, delivering, dispensing or possessing psilocybin with intent to do so is a Class IIA felony under 28-416(2)(b), with a maximum of 20 years' imprisonment and no minimum. Offenses involving a minor or near a school, playground or youth facility move to the next higher penalty classification (28-416(4)(a)).

Does Nebraska have a psilocybin therapy program?

No. Nebraska has no psilocybin therapy or decriminalization law. Its schedule excludes an FDA-approved crystalline polymorph psilocybin composition from Schedule I, but no such product had FDA approval as of October 2026.

What happens in Nebraska if the FDA approves a psilocybin drug?

Under 28-405, an FDA-approved pharmaceutical composition of crystalline polymorph psilocybin is excluded from Schedule I and listed in Schedule IV (28-405, Schedule IV (g)). The carve-out covers only that approved product; psilocybin mushrooms and other psilocybin stay in Schedule I.

Are psilocybin mushroom spores illegal in Nebraska?

Nebraska's Schedule I entry names the compounds psilocybin and psilocin and does not mention mushrooms or spores. The listing reaches any material containing any quantity of those compounds; whether a particular item contains them is a question of fact.