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

Magic mushrooms are illegal in Nevada: psilocybin and psilocin are Schedule I controlled substances under the State Board of Pharmacy's regulation, NAC 453.510(4), and possession is a felony under NRS 453.336. A first or second offense involving less than 14 grams is a category E felony, but on a guilty or no-contest plea the court must defer judgment if the person consents, unless the person has certain prior convictions, and Nevada has no psilocybin therapy or decriminalization program. 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 Nevada state law on psilocybin: the Schedule I listing (NAC 453.510) and the Board of Pharmacy's scheduling power (NRS 453.146, 453.166 and 453.2182), the possession, sale, manufacture, trafficking and use offenses in NRS chapter 453, the school-zone enhancement, the first-offense probation route, the overdose immunity statute (NRS 453C.150), research registration, the impaired-driving statute, and the 2023 and 2025 legislative measures, with one paragraph on federal law. It does not cover city or county measures, employer or school policies, tribal or military rules or other states' laws.

Are magic mushrooms legal in Nevada?

No. Nevada's drug schedules are set by the Board of Pharmacy by regulation, and NAC 453.510(4) lists psilocybin and psilocin among Schedule I hallucinogenic substances:

"Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, including, without limitation, their salts, isomers and salts of isomers, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation: ... Psilocybin; Psilocin; ..."

The Board's authority comes from NRS 453.146(1), under which it "may add substances to or delete or reschedule all substances enumerated in schedules I, II, III, IV and V by regulation." NRS 453.166 directs the Board to place a substance in Schedule I if it finds the substance "1. Has high potential for abuse; and 2. Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision."

What the listing covers

The Schedule I entry names the compounds, not the mushroom. Neither NRS chapter 453 nor NAC chapter 453 uses the word "mushroom" or "spore." Because the entry covers "any material, compound, mixture or preparation which contains any quantity" of psilocybin or psilocin, it reaches material containing those compounds, including mushrooms that contain them. This page does not state how Nevada law treats spores.

The Board's 2026 regulatory activity on Schedule I (a withdrawn kratom draft, LCB File No. R105-26, and an opioid rule, LCB File No. R038-26) did not change the psilocybin and psilocin entries.

Penalties for possessing psilocybin in Nevada

NRS 453.336 sets possession penalties by schedule and weight. Subsection 2 opens: "Except as otherwise provided in subsections 3, 4 and 5 and in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160, 453.3385, 453.3387 or 453.339, a person who violates this section" is punished as follows for a Schedule I substance:

Under NRS 193.130, a category C felony carries 1 to 5 years in state prison and a fine of up to $10,000; a category D felony 1 to 4 years and a fine of up to $5,000; and a category E felony 1 to 4 years and a fine of up to $5,000. NRS 453.336(7) provides: "The court may grant probation to or suspend the sentence of a person convicted of violating this section."

Deferred judgment (NRS 176.211). NRS 453.336(2)(a) applies the mandatory deferral "In accordance with NRS 176.211." Under NRS 176.211(3), the court, upon the consent of the defendant, "Shall defer judgment for any defendant who has entered a plea of guilty, guilty but mentally ill or nolo contendere" to a violation of NRS 453.336(2)(a). It "Shall not defer judgment" for a defendant who has been convicted of a violent or sexual offense as defined in NRS 202.876, a crime against a child as defined in NRS 179D.0357, abuse, neglect or endangerment of a child under NRS 200.508, or animal cruelty punishable under NRS 574.100(6). If the person completes the court's terms, the court discharges the person and dismisses the proceedings without an adjudication of guilt. The dismissal is not a conviction for purposes such as employment, but it counts as a conviction for later repeat-offense penalties and for setting bail (NRS 176.211(5)), and the court orders the records sealed (NRS 176.211(6)).

How weight is counted. The possession tiers refer to "the quantity possessed." The statute does not say whether a mushroom's whole weight or only its psilocybin content is measured, and no court decision on that point is cited here. The trafficking section, by contrast, counts "any mixture which contains any such controlled substance," and NRS 453.3383 provides that for trafficking the represented weight controls if it is greater than the actual weight.

First-offense probation (NRS 453.3363)

A person with no prior drug conviction may be able to avoid a judgment of conviction. Under NRS 453.3363(1), when such a person pleads guilty to, or is found guilty of, possession under NRS 453.336(2) or (3) or unlawful use under NRS 453.411, "the court, without entering a judgment of conviction and with the consent of the accused, may suspend further proceedings and place the person on probation upon terms and conditions that must include attendance and successful completion of: (a) An educational program; or (b) In the case of a person dependent upon drugs, a program of treatment and rehabilitation pursuant to NRS 176A.230 if the court determines that the person is eligible for participation in such a program." On completion, the court dismisses the proceedings without an adjudication of guilt; this can happen only once for any person (NRS 453.3363(3)-(4)), and the court then orders the records sealed (NRS 453.3365(2)). This route is discretionary ("may"); the deferral for a first or second offense under 14 grams in NRS 453.336(2)(a) is mandatory on a plea of guilty, guilty but mentally ill or no contest with the person's consent, subject to the exceptions in NRS 176.211(3)(b).

Use or being under the influence (NRS 453.411)

Separately, NRS 453.411(1) makes it unlawful "for a person knowingly to use or be under the influence of a controlled substance except in accordance with a lawfully issued prescription." Unless a greater penalty applies under NRS 212.160, a violation is a misdemeanor, punishable by up to 6 months in county jail, a fine of up to $1,000, or both (NRS 193.150). This offense applies to anyone, not only sellers.

Penalties for selling, manufacturing or trafficking psilocybin

Sale, transport or giving away (NRS 453.321). Subsection 1(a) makes it unlawful to "Import, transport, sell, exchange, barter, supply, prescribe, dispense, give away or administer a controlled or counterfeit substance." For a Schedule I substance, unless a greater penalty applies under NRS 453.333, 453.334 or 453.3355:

• First offense: category C felony.
• Second offense: category B felony, 2 to 10 years, and a fine of up to $20,000.
• Third or subsequent offense: category B felony, 3 to 15 years, and a fine of up to $20,000 for each offense.

Under subsection 3, "Unless mitigating circumstances exist that warrant the granting of probation, the court shall not grant probation to or suspend the sentence of" a person convicted of a second or later offense.

Possession for sale (NRS 453.337). A first offense involving a Schedule I or II substance is a category D felony; a second offense (or a first with a prior drug felony) is a category C felony; a third or later offense is a category B felony of 3 to 15 years and a fine of up to $20,000 for each offense. For a second or later offense, the court may not grant probation unless mitigating circumstances warrant it (NRS 453.337(3)).

Manufacture (NRS 453.322). It is unlawful "to knowingly or intentionally: (a) Manufacture or compound a controlled substance other than marijuana." Unless a greater penalty applies, a violation is a category B felony punished by "a minimum term of not less than 3 years and a maximum term of not more than 15 years," and a fine of up to $100,000. Subsection 4 provides: "The court shall not grant probation to a person convicted pursuant to this section."

The statute's definitions are broad. "Manufacture" (NRS 453.091) means "the production, preparation, propagation, compounding, conversion or processing of a substance, either directly or indirectly by extraction from substances of natural origin," among other methods, and chapter 453 defines "production" to include "the manufacturing of a controlled substance and the planting, cultivation, growing or harvesting of a plant from which a controlled substance is derived." Conduct within those definitions can be charged as manufacture. The statute does not say whether a mushroom is a "plant" for the production definition, and no court decision on that point is cited here.

Trafficking (NRS 453.3385). A person who knowingly or intentionally "sells, manufactures, delivers or brings into this State" or is "in actual or constructive possession of" a Schedule I substance "or any mixture which contains any such controlled substance" commits:

• Low-level trafficking at 100 grams or more but less than 400 grams: a category B felony, 2 to 20 years and a fine of up to $100,000.
• High-level trafficking at 400 grams or more: a category A felony punished by life with parole eligibility after 10 years, or a definite 25-year term with parole eligibility after 10 years, and a fine of up to $500,000.

School-zone and other location enhancement (NRS 453.3345)

A person who violates NRS 453.321 (sale, transport, giving away) or NRS 453.322 (manufacture) in any of these places faces an extra prison term:

• on the grounds of a public or private school, a playground, public park, public swimming pool, recreational center for youths or a video arcade;
• on a campus of the Nevada System of Higher Education;
• within 1,000 feet of the perimeter of any of those places; or
• within 1,000 feet of a school bus stop "from 1 hour before school begins until 1 hour after school ends during scheduled school days."

The person "must be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime," and that sentence "runs consecutively." Under subsection 2, the section "does not create a separate offense but provides an additional penalty for the primary offense." It does not list simple possession under NRS 453.336.

Deaths, minors and children present

NRS 453.321 refers to greater penalties in NRS 453.333, 453.334 and 453.3355 (NRS 453.3345 to the first two), and two other sections of chapter 453 reach conduct involving children or a death:

• Death (NRS 453.333). If a person's death is proximately caused by a controlled substance that another person sold, gave, traded or otherwise made available in violation of chapter 453, the person who made it available "is guilty of murder," a category A felony.
• Sale to a minor (NRS 453.334). A second or later conviction for selling a controlled substance to a minor is a category A felony punished by life with parole eligibility after 5 years, or a definite 15-year term with parole eligibility after 5 years, and a fine of up to $20,000.
• Fentanyl mixtures (NRS 453.3355). This section applies only to selling a mixture that contains fentanyl without telling the buyer.
• A child present (NRS 453.3325). A person who intentionally allows a child under 18 to be present in a vehicle or on premises where a controlled substance other than marijuana is being used unlawfully, and who knowingly engages in or aids that activity, commits a category C felony if the violation does not cause the child substantial bodily harm or death. If the substance is being sold or given away there, it is a category B felony of 3 to 15 years and a fine of up to $10,000. The penalties are higher if the violation causes the child substantial bodily harm or death, and the court may not grant probation except as NRS 453.3363 allows.
• Failing to seek help (NRS 453.3335). A person convicted under NRS 453.321 or 453.333 who was present when the person who used the substance had an adverse reaction, and who failed to render or seek necessary medical help in a timely manner, faces an equal, consecutive prison term when the use resulted in death or substantial bodily harm.

Speak with a Nevada criminal defense lawyer about how these sections could apply.

Overdose immunity (NRS 453C.150)

Nevada's Good Samaritan law covers both the caller and the person who overdosed. Under NRS 453C.150(1), "a person who, in good faith, seeks medical assistance for a person who is experiencing a drug or alcohol overdose or other medical emergency or who seeks such assistance for himself or herself, or who is the subject of a good faith request for such assistance may not be arrested, charged, prosecuted or convicted, or have his or her property subjected to forfeiture, or be otherwise penalized" for possession or use of a controlled substance under chapter 453, including NRS 453.336, "if the evidence to support the arrest, charge, prosecution, conviction, seizure or penalty was obtained as a result of the person seeking medical assistance."

The immunity does not cover possession "for the purpose of sale" or possession that violates NRS 453.3385 (trafficking), subsection 2 of NRS 453.3393 or NRS 453.3405. For a chapter 453 conviction not covered by the immunity, subsection 2 requires the court to "consider in mitigation any evidence or information that the defendant, in good faith, sought medical assistance."

Does Nevada have a psilocybin program?

No. Nevada statute and regulation contain no psilocybin services, therapy or decriminalization program. Three legislative measures from 2023 and 2025 touched the subject without changing the drug laws.

SB 242 (2023): a study group. Section 3.5 of SB 242 directed that "The Department of Health and Human Services shall establish the Psychedelic Medicines Working Group to study certain issues relating to the therapeutic use of entheogens during the 2023-2024 interim," with a written report due "on or before December 31, 2024" for the 83rd Session. The section provides that "entheogen" "includes, without limitation, psilocybin and psilocin." It created a working group, not a program, and the Schedule I listing for psilocybin did not change.

SJR 10 (2025): a resolution to Congress. SJR 10 is titled "Urging Congress to take certain actions relating to the therapeutic use of certain psychedelic compounds." A joint resolution states the Legislature's position; it does not change Nevada's criminal law.

AB 378 (2025): a pilot-program bill that did not become law. According to the Legislature's digest of AB 378, "Section 9 of this bill creates the Alternative Therapy Pilot Program for the purpose of providing certain patients who have been diagnosed with a mental health condition access to treatment involving the administration, under medical supervision and control, of psychedelic substances through the development and implementation of experimental and investigational pilot clinic programs," and section 7 defines "psychedelic substance" as "psilocybin, psilocin, dimethyltryptamine, ibogaine or mescaline." After the Assembly amended it on April 16, 2025, AB 378 was re-referred to the Assembly Committee on Ways and Means. The Legislature's bill history records "(No further action taken.)" on June 3, 2025, when the session ended, and no final passage vote. The Legislature next meets in regular session in 2027.

Research. Under NRS 453.231(3), "A practitioner registered in accordance with federal law to conduct research with a substance included in schedule I may conduct research with the substance in this State upon furnishing the Board evidence of the federal registration." That route depends on federal registration; it does not create a state program.

How a federal change would reach Nevada

NRS 453.2182 provides that if a substance is "designated, rescheduled or deleted as a controlled substance pursuant to federal law, the Board shall similarly treat the substance" after 60 days from Federal Register publication of a final order, "unless within the 60-day period, the Board or an interested party objects to the treatment of the substance." So if federal law ever moves psilocybin out of Schedule I, Nevada's Board would follow by regulation unless an objection stays its action. No federal rescheduling of psilocybin had occurred as of October 11, 2026.

Change history

The section history lines show the school-zone enhancement (NRS 453.3345) was last amended in 2003 and the research-registration section (NRS 453.231) in 1995.

Federal psilocybin law

Federal law lists psilocybin and psilocyn in Schedule I (21 CFR 1308.11(d)(29)-(30), version of October 6, 2026), reaching any material or preparation containing any quantity of them, and that listing applies in Nevada whatever state law says. Under 21 U.S.C. 844(a), simple possession of a controlled substance is a federal misdemeanor, with up to 1 year in prison and a minimum $1,000 fine for a first offense. No psilocybin drug product is FDA-approved on the federal record as of October 2026. Executive Order 14401 (April 18, 2026) directs federal agencies to build a Right to Try pathway and to review rescheduling of Schedule I products that complete Phase 3 trials, but it does not reschedule psilocybin. Our psilocybin mushroom laws by state hub covers the federal layer in more detail.

Driving and criminal records

NRS 484C.110(2) makes it unlawful to drive or be in actual physical control of a vehicle on a highway or premises open to the public while "under the influence of a controlled substance" or under the combined influence of alcohol and a controlled substance, and "The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this State is not a defense." Psilocybin and psilocin are not on the statute's per se list of drugs with fixed blood or urine limits (NRS 484C.110(3)), which names amphetamine, cocaine, heroin and their metabolites, LSD, methamphetamine and phencyclidine, so a charge rests on being under the influence. For the full statute, see our guide to Nevada DUI laws. Possession of psilocybin is a felony under NRS 453.336; for how Nevada handles criminal records, see Nevada expungement laws.

Related

• Psilocybin mushroom laws by state
• Nevada DUI laws
• Nevada expungement laws
• Nevada kratom laws
• Oregon psilocybin mushroom laws
• California psilocybin mushroom laws

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

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in Nevada?

No. Psilocybin and psilocin are Schedule I controlled substances under NAC 453.510(4), and the listing reaches any material containing any quantity of them. Possession is a felony under NRS 453.336, although for a first or second offense under 14 grams the court must defer judgment on a guilty or no-contest plea if the person consents, unless the person has certain prior convictions.

What is the penalty for possessing psilocybin in Nevada?

Under NRS 453.336(2), less than 14 grams is a category E felony (1 to 4 years and a fine of up to $5,000) for a first or second offense, with mandatory deferral of judgment on a guilty or no-contest plea if the person consents, except for certain prior convictions; a third offense is a category D felony. 14 to under 28 grams is a category C felony, and 28 to under 100 grams is a category B felony.

Has Nevada decriminalized psilocybin?

No. Nevada statute and regulation contain no decriminalization or therapy program. SB 242 (2023) created a Psychedelic Medicines Working Group to study entheogens, and SJR 10 (2025) is a resolution urging Congress to act; neither changed Nevada’s drug schedules or penalties.

Did Nevada pass a psilocybin therapy law in 2025?

No. AB 378 (2025) would have created an Alternative Therapy Pilot Program in the Division of Public and Behavioral Health, but it stalled in the Assembly Committee on Ways and Means, and the bill history records no further action when the session ended on June 3, 2025.

What is the penalty for selling psilocybin in Nevada?

A first offense of selling, transporting or giving away a Schedule I substance is a category C felony (1 to 5 years, fine up to $10,000) under NRS 453.321; a second offense is a category B felony of 2 to 10 years. Sales near schools and other listed places add an equal, consecutive term under NRS 453.3345.

Is driving under the influence of psilocybin a DUI in Nevada?

NRS 484C.110(2) makes it unlawful to drive or be in actual physical control of a vehicle while under the influence of a controlled substance, and psilocybin is one. Psilocybin is not on the statute's per se list of drugs with fixed blood or urine limits, so a charge rests on proof of being under the influence. See our Nevada DUI guide for the full statute.