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

Psilocybin and psilocyn, the compounds in magic mushrooms, are Schedule I controlled dangerous substances in New Jersey under N.J.S.A. 24:21-5, so possessing or selling them is an offense. Since February 4, 2021, possessing one ounce or less of psilocybin has been a disorderly persons offense rather than a crime under P.L. 2021, c. 9; larger amounts, sale and manufacturing remain crimes.

A law approved January 20, 2026, P.L. 2025, c. 296, sets up a hospital-based psilocybin research pilot program run by the Department of Health; it does not change these offenses. For other states, see our guide to psilocybin mushroom laws by state.

Information last verified on 2026-10-12. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers New Jersey state law on psilocybin and psilocyn: Schedule I (N.J.S.A. 24:21-5), the federal-adoption and research sections of the Controlled Dangerous Substances Act (24:21-3 and 24:21-11), the drug offenses and enhancements in N.J.S.A. 2C:35-2, 2C:35-5, 2C:35-6, 2C:35-7, 2C:35-7.1, 2C:35-8, 2C:35-9 and 2C:35-10, the firearm offense in 2C:39-4.1, the overdose-assistance section 2C:35-30, the sentencing ranges in chapter 2C:43, the pilot program act P.L. 2025, c. 296, and the impaired-driving offense in N.J.S.A. 39:4-50, with one section on federal law. It reflects official sources as of October 11, 2026. It does not cover city or town ordinances, rules in the New Jersey Administrative Code, employer or school policies, or other states' laws.

Are magic mushrooms legal in New Jersey?

No. New Jersey's Schedule I, N.J.S.A. 24:21-5, lists "Psilocybin" and "Psilocyn" as items (15) and (16) of its hallucinogenic substances paragraph. That paragraph reaches:

"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"

The schedule names the compounds, not mushrooms or spores; the word mushroom does not appear in it. Because the listing covers any material that contains any quantity of psilocybin or psilocyn, mushrooms that contain either compound fall within it.

New Jersey law does treat small-amount possession of psilocybin more lightly than possession of most other Schedule I drugs, as the next section explains. That change lowered the grade of small-amount possession; possession remains an offense.

Psilocybin possession penalties: the one-ounce line

P.L. 2021, c. 9 (S3256), approved February 4, 2021 and effective immediately, added this paragraph to N.J.S.A. 2C:35-10(a):

"(5) Possession of one ounce or less of psilocybin is a disorderly persons offense."

The bill's official statement explains the change: "Currently, pursuant to paragraph (1) of subsection a. of N.J.S.2C:35-10, possession of any amount of psilocybin, a Schedule I controlled dangerous substance, is a crime of the third degree. This bill would reclassify possession of psilocybin as a disorderly persons offense, punishable by up to up to six months imprisonment, a fine of up to $1,000, or both." Those limits match N.J.S.A. 2C:43-8 (jail "shall not exceed 6 months in the case of a disorderly persons offense") and N.J.S.A. 2C:43-3 ($1,000 for a disorderly persons offense). The clause measures "one ounce or less of psilocybin"; how that weight is measured for mushroom material is a question to raise with a New Jersey lawyer.

Above one ounce, the 2021 clause does not apply, and possession stays under the general rule in N.J.S.A. 2C:35-10(a)(1), which covers a Schedule I, II, III or IV substance "other than those specifically covered in this section":

"(1) A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV other than those specifically covered in this section, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $35,000 may be imposed;"

A third-degree crime carries "between three years and five years" under N.J.S.A. 2C:43-6(a)(3).

Using psilocybin is a separate offense. Under N.J.S.A. 2C:35-10(b)(1): "Any person who uses or who is under the influence of any controlled dangerous substance, or its analog, not including marijuana or hashish, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician is a disorderly person." A person who commits an offense under paragraphs (1) through (3) of subsection a., which includes possessing more than one ounce of psilocybin, on school property, within 1,000 feet of school property or a school bus, or on a school bus, and who is not sentenced to imprisonment, must also "perform not less than 100 hours of community service" (N.J.S.A. 2C:35-10(a)). That sentence does not name paragraph (5), the one-ounce-or-less clause.

The psilocybin clause is paragraph (5) of subsection a. of N.J.S.A. 2C:35-10.

Selling, distributing or growing psilocybin

Selling psilocybin is a crime regardless of amount. N.J.S.A. 2C:35-5 makes it unlawful to knowingly or purposely manufacture, distribute or dispense a controlled dangerous substance, or to possess one with intent to do so. Subsection b. sets weight-based grades only for drugs it names individually: heroin, cocaine, MDMA, narcotic drugs, LSD, PCP, methamphetamine, marijuana and hashish. Psilocybin is not among them, so paragraph (13) applies:

"(13) Any other controlled dangerous substance classified in Schedule I, II, III or IV, or its analog, is guilty of a crime of the third degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000 may be imposed;"

Paragraph (13) sets one grade without a weight tier. Where another grade does depend on quantity, subsection c. leaves the quantity to the trier of fact and allows quantities from separate acts to be aggregated when the charging document so provides.

Growing mushrooms that contain psilocybin can be charged as manufacturing. N.J.S.A. 2C:35-2 defines "Manufacture" as "the production, preparation, propagation, compounding, conversion, or processing of a controlled dangerous substance or controlled substance analog, either directly or by extraction from substances of natural origin"; the definition continues with exclusions not reproduced here.

School zones. Under N.J.S.A. 2C:35-7(a), a person convicted of the school-zone offense "shall, except as provided in N.J.S.2C:35-12, be sentenced by the court to a term of imprisonment." Outside the marijuana exception, "the term of imprisonment shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, or three years, whichever is greater, during which the defendant shall be ineligible for parole." Subsection e. sets an affirmative defense, which the defendant must prove by a preponderance of the evidence, where "the prohibited conduct took place entirely within a private residence, that no person 17 years of age or younger was present in such private residence at any time during the commission of the offense, and that the prohibited conduct did not involve distributing, dispensing or possessing with the intent to distribute or dispense any controlled dangerous substance or controlled substance analog for profit."

Subsection b. of N.J.S.A. 2C:35-7 provides that "the court may waive or reduce the minimum term of parole ineligibility required under subsection a. of this section or place the defendant on probation," but the court "shall not" do so if the offense took place on school property used for school purposes or on a school bus, or if the defendant "used or threatened violence or was in possession of a firearm." Separately, Attorney General Law Enforcement Directive No. 2021-4, dated April 19, 2021 and effective May 19, 2021, instructs prosecutors that a plea offer for a listed drug offense, including 2C:35-5, 2C:35-7 and 2C:35-8, must include a waiver under N.J.S.A. 2C:35-12 so that the parole bar equals one-third of the sentence, as if no mandatory minimum applied. The directive is an instruction to prosecutors, not a statute; it states that it remains in force until repealed, amended or superseded by order of the Attorney General.

Public housing, parks and public buildings. Under N.J.S.A. 2C:35-7.1(d), it is an affirmative defense, which the defendant must prove by a preponderance of the evidence, that the conduct "did not involve distributing, dispensing or possessing with the intent to distribute or dispense any controlled dangerous substance or controlled substance analog for profit, and that the prohibited conduct did not involve distribution to a person 17 years of age or younger." In that section, a public building means "any publicly owned or leased library or museum."

Drug-induced death. N.J.S.A. 2C:35-9(a) states that a person who "manufactures, distributes or dispenses methamphetamine, lysergic acid diethylamide, phencyclidine or any other controlled dangerous substance classified in Schedules I or II, or any controlled substance analog thereof, in violation of subsection a. of N.J.S. 2C:35-5, is strictly liable for a death which results from the injection, inhalation or ingestion of that substance, and is guilty of a crime of the first degree." Psilocybin is a Schedule I substance, so the section reaches it.

Minors, firearms and repeat offenses. On the prosecutor's application, an adult convicted of distributing a controlled dangerous substance to a person 17 or younger or to a pregnant female is subject to "twice the term of imprisonment, fine and penalty, including twice the term of parole ineligibility" (N.J.S.A. 2C:35-8). Using or employing a person 17 or younger to distribute is a second-degree crime with a parole bar of at least five years and a fine up to $500,000 or five times the street value, whichever is greater (N.J.S.A. 2C:35-6). Possessing a firearm while committing a distribution, school-zone or public-zone offense is a separate second-degree crime, and its sentence is served consecutively (N.J.S.A. 2C:39-4.1). A person convicted of distribution or the school-zone offense who has a prior distribution conviction must, on the prosecutor's application, receive an extended term (N.J.S.A. 2C:43-6(f)).

New Jersey's psilocybin pilot program law

P.L. 2025, c. 296, approved January 20, 2026, is "AN ACT concerning a pilot program for psilocybin research and making an appropriation." It establishes a "Psilocybin Behavioral Health Access and Therapy Pilot Program" in the New Jersey Department of Health, which administers the program with input from an advisory board the act creates. The department is to select one qualified hospital from each of the northern, central and southern regions of the State.

The act appropriates $6,000,000 from the General Fund to the Psychedelic Therapy and Research Fund and states the Legislature's intent that research under it comply with U.S. Food and Drug Administration and Drug Enforcement Administration regulations. Section 9 provides: "This act shall take effect immediately and shall expire upon the submission of the reports submitted pursuant to section 6 of this act." Section 6 calls for two reports to the Governor and the Legislature following the completion of year two of the pilot program, one from the Department of Health and one from the advisory board.

The act does not amend Title 2C or change criminal liability for possessing, using or distributing psilocybin. The offenses above still apply.

Psilocybin research in New Jersey

New Jersey recognizes federal research registrations. N.J.S.A. 24:21-11(c) states: "Practitioners registered under federal law to conduct research in Schedule I substances are permitted to conduct research in Schedule I substances within this State upon furnishing the director evidence of that federal registration." The subsection applies to federally registered practitioners conducting research; it creates no personal-use exception.

If federal law reschedules psilocybin

New Jersey's schedules follow federal changes unless a state official objects. N.J.S.A. 24:21-3(c) provides that if a substance "is designated, rescheduled or deleted as a controlled dangerous substance under federal law and notice thereof is given to the director, the director shall similarly control the substance under P.L.1970, c.226, as amended and supplemented, after the expiration of 30 days from publication in the Federal Register of a final order designating a substance as a controlled dangerous substance or rescheduling or deleting a substance, unless within that 30-day period, the director objects to inclusion, rescheduling, or deletion." The Director is the Director of the Division of Consumer Affairs. Federal law still lists psilocybin in Schedule I as of October 2026.

Calling for help during an overdose

N.J.S.A. 2C:35-30(a) provides that "A person who, in good faith, seeks medical assistance for someone experiencing a drug overdose shall not be" arrested, charged, prosecuted or convicted for obtaining, possessing, using or being under the influence of a controlled dangerous substance under subsections a., b. or c. of 2C:35-10, along with several other listed possession and paraphernalia offenses. The list does not include the distribution offenses in 2C:35-5. Read the full section for its conditions.

Driving after taking mushrooms

N.J.S.A. 39:4-50(a) reaches "A person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08 percent or more by weight of alcohol in the defendant's blood." The drug clause, which names hallucinogenic drugs, turns on being under the influence; the 0.08 percent per se clause concerns alcohol. Penalties are covered on our New Jersey DUI laws page.

Criminal records

A conviction for a disorderly persons offense or a crime creates a record. Whether and when it can be cleared is covered in our guide to New Jersey expungement.

Federal psilocybin law

Psilocybin and psilocyn are federal Schedule I hallucinogens under 21 CFR 1308.11(d)(29)-(30), which reaches any material containing any quantity of them, and federal law applies in New Jersey alongside state law. Federal simple possession of a controlled substance is a misdemeanor under 21 U.S.C. 844(a), with up to 1 year and a minimum $1,000 fine for a first offense. Executive Order 14401 of April 2026 directs federal agencies to build pathways for psychedelic drug development and to review rescheduling of Schedule I drugs that complete Phase 3 trials; it does not reschedule psilocybin and creates no enforceable right.

Recent psilocybin law changes in New Jersey

Other statute quotations come from the New Jersey Statutes as published by the Legislature.

Related

• Psilocybin mushroom laws by state
• Is kratom legal in New Jersey?
• New Jersey DUI laws
• New Jersey expungement laws
• New York psilocybin mushroom laws
• Pennsylvania psilocybin mushroom laws

This article provides general legal information about New Jersey law, not legal advice. Laws and drug schedules change. For advice on a specific situation, contact a lawyer licensed in New Jersey or the New Jersey Division of Consumer Affairs.

Last updated: 2026-10-12.

Frequently Asked Questions

Are magic mushrooms legal in New Jersey?

No. Psilocybin and psilocyn are Schedule I controlled dangerous substances in New Jersey (N.J.S.A. 24:21-5). Possessing one ounce or less of psilocybin is a disorderly persons offense under P.L. 2021, c. 9, and larger amounts and any sale are crimes.

What is the penalty for possessing psilocybin in New Jersey?

One ounce or less is a disorderly persons offense, punishable by up to 6 months in jail, a fine up to $1,000, or both. Above one ounce, the general Schedule I to IV rule makes possession a third-degree crime with 3 to 5 years and a fine up to $35,000 (N.J.S.A. 2C:35-10(a)(1), 2C:43-6).

Is selling psilocybin mushrooms a felony in New Jersey?

New Jersey grades crimes by degree rather than calling them felonies. Distributing or possessing psilocybin with intent to distribute is a third-degree crime with 3 to 5 years and a fine up to $25,000 (N.J.S.A. 2C:35-5(b)(13)), and harsher penalties apply near schools, while distribution near parks, public housing or public buildings is a second-degree crime.

Are psilocybin mushroom spores legal in New Jersey?

New Jersey Schedule I names the compounds psilocybin and psilocyn and does not mention spores or mushrooms. It covers any material that contains any quantity of either compound, and growing mushrooms that contain psilocybin can be charged as manufacturing under N.J.S.A. 2C:35-2 and 2C:35-5.

Did New Jersey legalize psilocybin therapy?

No general legalization. P.L. 2025, c. 296, approved January 20, 2026, establishes a Psilocybin Behavioral Health Access and Therapy Pilot Program run by the Department of Health at selected hospitals and appropriates $6 million. It does not change the possession, use or sale offenses, and it expires once the Department of Health and the advisory board submit their reports after year two of the program.

Can I drive after taking mushrooms in New Jersey?

N.J.S.A. 39:4-50(a) makes it an offense to operate a motor vehicle while under the influence of a narcotic, hallucinogenic or habit-producing drug. See our New Jersey DUI page for penalties.