Are Magic Mushrooms Legal in New Hampshire? Psilocybin Laws (2026)

Psilocybin and psilocyn, the compounds in so-called magic mushrooms, are schedule I controlled drugs in New Hampshire. The state's schedules follow the federal schedules under RSA 318-B:1-a, V, a mechanism the health department restates in its rule He-C 501.03, and federal Schedule I lists both (21 CFR 1308.11(d)(29)-(30)); possessing even a small amount is a class B felony under RSA 318-B:26, II(a), punishable by up to 7 years in prison (RSA 651:2) and a fine up to $25,000.

New Hampshire's Controlled Drug Act contains no psilocybin therapy program, decriminalization provision or FDA-approval trigger. Bills in 2025 and 2026 that would have softened the possession penalty or studied medical use did not pass. 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 New Hampshire state law on psilocybin and psilocyn: the Controlled Drug Act (RSA chapter 318-B), the DHHS rule He-C 501.03, which restates the chapter's federal-adoption mechanism, felony sentence ranges in RSA 651:2, the drug-free school zone law (RSA 193-B:2), the 2025 and 2026 psilocybin bills, and the impaired-driving offense in RSA 265-A:2, with one paragraph on federal law. It reflects the official sources as of October 11, 2026. It does not cover city or town resolutions, court decisions, other sentencing provisions that can add to a drug sentence, employer or school policies, military rules or other states' laws.

How New Hampshire schedules psilocybin

New Hampshire's drug schedules are not printed in the statute. RSA 318-B:1, VI defines controlled drugs as any drug or substance "which is scheduled pursuant to RSA 318-B:1-a," the section that gives scheduling power to the commissioner of the Department of Health and Human Services (DHHS). Paragraph V of that section ties the state schedules to the federal schedules: "If any substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice thereof is given to the commissioner, the commissioner shall similarly control the substance under this chapter" once 30 days pass after a federal final order is published, unless the commissioner objects. The commissioner's rule, He-C 501.03(a), restates the link:

"Substances that are designated, rescheduled, or deleted as controlled drugs or controlled drug analogs pursuant to 21 CFR 1308.11-15 shall be recognized as a controlled substance by the commissioner in accordance with RSA 318-B:1-a, V."

Federal Schedule I lists "(29) Psilocybin" and "(30) Psilocyn," and the listing reaches "any material, compound, mixture, or preparation, which contains any quantity" of them. The Controlled Drug Act names psilocybin once, in its definition of hallucinogenic drugs at RSA 318-B:1, XIII: "Exemplary of such drugs are mescaline, peyote, psilocybin and d-lysergic acid diethylamide."

The act does not use the words mushroom, spore or fungus anywhere in chapter 318-B. It reaches mushrooms through its wording on preparations: the possession offense in RSA 318-B:26, II covers "any controlled drug or controlled drug analog, or any preparation containing a controlled drug or controlled drug analog, except as authorized in this chapter." A mushroom that contains psilocybin or psilocyn can be charged under that language.

Possession penalties

Possession has no weight threshold for psilocybin. RSA 318-B:26, II(a) covers any person who "knowingly or purposely obtains, purchases, transports, or possesses actually or constructively, or has under his or her control" a controlled drug, and for a drug "classified in schedules I, II, III, or IV, other than those specifically covered in this section, the person shall be guilty of a class B felony, except that notwithstanding the provisions of RSA 651:2, IV(a), a fine of not more than $25,000 may be imposed." The one exception is a "residual amount," an unusable amount of a controlled substance in or on a hypodermic syringe or needle, which is a misdemeanor for a person who is not part of a service syringe program (RSA 318-B:26, II(e)). Section 26 never names psilocybin, so the general schedule I rule applies.

RSA 651:2, II sets the prison ranges: up to "Seven years for a class B felony" and up to "Fifteen years for a class A felony." The ordinary felony fine cap in RSA 651:2, IV(a) is $4,000, which is why section 26 states its own higher figures. After a prior drug offense, possession is a class A felony with a fine of up to $50,000.

A "prior offense" under RSA 318-B:27 is a previous misdemeanor- or felony-level conviction under the drug laws of the United States or any state, territory or the District of Columbia; a prior violation-level conviction does not count, except as RSA 318-B:2-c, V(a) provides. Section 26, XIII also sets a minimum fine for violations of the chapter of $350 for a first offense and $500 for a second or subsequent offense, with a separate rule for certain marijuana offenses.

Sale, manufacture and possession with intent

RSA 318-B:2, I makes it unlawful to "manufacture, possess, have under his control, sell, purchase, prescribe, administer, or transport or possess with intent to sell, dispense, or compound any controlled drug, or controlled drug analog, or any preparation containing a controlled drug, except as authorized in this chapter." Section 26, I grades those offenses by weight and drug. Psilocybin is not among the substances section 26 names, so it falls under the general schedule I tiers:

The school provision, RSA 318-B:26, V, covers the real property of "a public or private elementary, secondary, or secondary vocational-technical school" and the 1,000 feet around it. Its minimum is mandatory: "Neither the whole nor any part of the mandatory minimum sentence imposed under this paragraph shall be suspended or reduced," except where the chapter provides a greater minimum. Separately, RSA 193-B:2 makes it unlawful to "manufacture, sell, prescribe, administer, dispense, or possess with intent to sell, dispense, or compound any controlled drug or its analog, within a drug-free school zone at any time of the year." Neither provision names simple possession.

Paragraph IX makes a person who "manufactures, sells, or dispenses methamphetamine, lysergic acid, diethylamide phencyclidine (PCP) or any other controlled drug classified in schedules I or II, or any controlled drug analog thereof," in violation of RSA 318-B:2, "strictly liable for a death which results from the injection, inhalation or ingestion of that substance," with a sentence of "imprisonment for life or for such term as the court may order." Psilocybin, as a schedule I drug, is within that paragraph.

The chapter has no separate cultivation offense. Growing mushrooms that contain psilocybin can be charged as manufacturing under RSA 318-B:2, I, as the chapter defines that term, and the weight tiers above then apply. Any violation of the chapter with no penalty in paragraphs I through IX is a class B felony for a natural person (paragraph XI).

From January 1, 2027, RSA 318-B:2-f (Laws 2026, 275:6) also makes it a class B felony to knowingly "combine, mix, or adulterate a controlled substance with any substance not approved for human consumption, with the intent to distribute the resulting mixture," and a class A felony to distribute, or possess with intent to distribute, a controlled substance the person knows or has reasonable cause to believe contains an unapproved additive. Those penalties are in addition to the ones above.

Overdose defense

RSA 318-B:28-b, II gives a defense to a possession charge to a person who "in good faith and in a timely manner requests medical assistance for another person who is experiencing a drug overdose," and that person "shall not be arrested, prosecuted, or convicted" for possession "if the evidence for the charge was gained as a proximate result of the request for medical assistance or the report to law enforcement." Paragraph III gives the same defense to the person experiencing the overdose: a person who "in good faith requests, or is the subject of a good faith request for medical assistance" also "shall not be arrested, prosecuted, or convicted" for possession "if the evidence for the charge was gained as a proximate result of the request for medical assistance or the report to law enforcement." Both paragraphs also extend the defense to a good-faith, timely report of a violent crime.

Bills to change New Hampshire's psilocybin law (2025-2026)

None of these bills became law. On the official record:

• SB 14-FN (2025). The committee of conference report would have added a new section, RSA 318-B:2-f, under which "a person 18 years of age or older who obtains, purchases, transports, possesses, or uses 3/4 of an ounce or less of psilocybin" would face a misdemeanor for a first offense, with a second or subsequent offense back under RSA 318-B:26, effective January 1, 2026. On June 26, 2025 the Senate voted to lay the report on the table (Senate Journal 17). The number RSA 318-B:2-f now belongs to an unrelated offense, criminal adulteration of controlled substances, enacted in 2026 (Laws 2026, 275:6) and effective January 1, 2027.
• HB 528-FN (2025), a House bill on the same subject, and SB 14 both appear on the Senate's outstanding-bills list of October 23, 2025 (Senate Journal 1, 2026). Under Senate Rule 3-23, as that journal quotes it, "all bills or resolutions remaining on the table as of October 31 of the first year and at the end of session shall be made Inexpedient to Legislate at that time."
• HB 1809-FN (2026) would have established "a medical psilocybin advisory board to assess the advantages and disadvantages of the use of psilocybin for therapeutic purposes." A Senate committee reported it "Inexpedient to Legislate, Vote 4-0" (Senate Calendar No. 17, April 30, 2026), and it was listed on the consent calendar the Senate adopted on May 7, 2026 (Senate Journal 11).

So New Hampshire has no psilocybin therapy program, no research act and no decriminalization measure in chapter 318-B. A similar bill could be filed in a later session.

Federal law and how it reaches New Hampshire

Federal law still lists psilocybin and psilocyn in Schedule I, and simple possession of a controlled substance is a federal 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. Executive Order 14401 (April 2026) directs the Attorney General to review any product containing a Schedule I substance that completes Phase 3 trials for a serious mental health disorder, so that rescheduling, if appropriate, can proceed for products that are approved. It does not reschedule psilocybin, and it states that it "is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States." Chapter 318-B has no provision tied to FDA approval. RSA 318-B:1-a, V provides that, if a substance is rescheduled under federal law "and notice thereof is given to the commissioner," the commissioner "shall similarly control the substance under this chapter after the expiration of 30 days from publication in the Federal Register of a final order" rescheduling it, "unless, within that 30 day period, the commissioner objects to inclusion, rescheduling, or deletion." He-C 501.03 restates that mechanism.

Driving and criminal records

RSA 265-A:2, I(a) bars driving while "under the influence of intoxicating liquor or any controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person's ability to drive." The section's numeric limits in paragraph I(b) apply only to alcohol (0.08, or 0.02 under age 21); it has no any-amount or numeric limit for drugs, so impairment is the test. See our guide to New Hampshire DUI laws.

A drug conviction creates a criminal record; for whether and when one can be annulled, see New Hampshire expungement and annulment laws.

Related

• Psilocybin mushroom laws by state
• New Hampshire DUI laws
• New Hampshire expungement and annulment laws
• New Hampshire kratom laws

This article provides general legal information about New Hampshire law as of 2026-10-11. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in New Hampshire.

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in New Hampshire?

No. Psilocybin and psilocyn are schedule I controlled drugs in New Hampshire through RSA 318-B:1-a, V and the federal schedules, and possessing even a small amount, including a mushroom or other preparation containing them, is a class B felony under RSA 318-B:26, II(a).

What is the penalty for possessing psilocybin in New Hampshire?

A first offense is a class B felony with up to 7 years in prison (RSA 651:2) and a fine up to $25,000 (RSA 318-B:26, II(a)). After a prior drug offense it is a class A felony with up to 15 years and a fine up to $50,000.

Is there a weight limit for psilocybin charges in New Hampshire?

Possession has no weight threshold: even a small amount is a class B felony, apart from an unusable residual amount in or on a syringe or needle, which RSA 318-B:26, II(e) treats separately. For sale, manufacture or possession with intent, one ounce or more of a schedule I substance, including any adulterants or dilutants, raises the maximum from 7 years to 20 years (RSA 318-B:26, I).

Did New Hampshire decriminalize psilocybin?

No. The 2025 conference report on SB 14 would have made a first offense of 3/4 ounce or less by an adult 18 or older a misdemeanor, but the Senate laid it on the table on June 26, 2025, and RSA 318-B:2-f, effective January 1, 2027, is an unrelated adulteration offense.

Does New Hampshire have a psilocybin therapy program?

No. Chapter 318-B creates no psilocybin therapy or research program, and HB 1809 (2026), which would have created a medical psilocybin advisory board, was reported Inexpedient to Legislate by a Senate committee.

Are psilocybin mushroom spores illegal in New Hampshire?

The Controlled Drug Act does not mention spores, mushrooms or fungi; its offenses reach controlled drugs and any preparation containing a controlled drug. The offenses turn on whether an item is or contains a controlled drug such as psilocybin or psilocyn.