Are Magic Mushrooms Legal in North Carolina? Psilocybin Laws (2026)

Magic mushrooms are not legal in North Carolina. Psilocybin and psilocin are Schedule I controlled substances under G.S. 90-89(3), possession of any amount is a Class I felony under G.S. 90-95(d)(1), and selling is a Class G felony; the state has no psilocybin therapy, decriminalization or research-access 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 North Carolina state law: the Controlled Substances Act schedule and penalties (G.S. 90-87, 90-88, 90-89, 90-95, 90-96, 90-96.2 and 90-101), the structured sentencing chart (G.S. 15A-1340.17), the impaired driving statute (G.S. 20-138.1) and the pending bills S.B. 568 and S.B. 1018, with one paragraph on federal law. It does not cover city or county ordinances, tribal law, workplace or school policies, military rules or other states' laws.

Is psilocybin legal in North Carolina?

No. North Carolina lists psilocybin and psilocin in Schedule I, the most restrictive schedule, under the heading for hallucinogenic substances:

"(3) Hallucinogenic substances. - Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, including their salts, isomers, and salts of isomers, unless specifically excepted, or listed in another schedule, ... r. Psilocybin. s. Psilocin." (G.S. 90-89(3))

The words "any quantity" matter. The schedule does not set a minimum amount, and the listing reaches any material that contains either compound. That is how mushrooms containing psilocybin fall under the law even though the statute names the compounds rather than the mushrooms.

The state Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services (the Commission for MH/DD/SAS) can add, delete or reschedule substances by rule under G.S. 90-88. Its Schedule I rule, 10A NCAC 26F .0102, as amended effective September 1, 2026, adds stimulants, hallucinogenic substances (including synthetic tryptamines and synthetic cannabinoids) and opiates (fentanyl-related substances and nitazenes) to Schedule I by rule. It does not change the psilocybin and psilocin listing in G.S. 90-89.

What the law covers: mushrooms, spores and growing

North Carolina's statutes do not use the words "mushroom" or "spore." The law works through the compounds: Schedule I reaches "any material, compound, mixture, or preparation which contains any quantity" of psilocybin or psilocin (G.S. 90-89(3)). The statute does not address spores separately. Other provisions can still apply. An attempt to commit an offense under the Controlled Substances Act is punished in the same class as the offense attempted (G.S. 90-98), and possessing equipment or materials with intent to use them to manufacture a controlled substance is a Class 1 misdemeanor under the drug paraphernalia law (G.S. 90-113.21, 90-113.22).

Growing is covered by the definition of manufacture. G.S. 90-87(15) defines "manufacture" as "the production, preparation, propagation, compounding, conversion, or processing of a controlled substance by any means, whether directly or indirectly, artificially or naturally, or by extraction from substances of a natural origin, ..." The definition excludes "the preparation or compounding of a controlled substance by an individual for his own use"; that exclusion names preparation and compounding, not production or propagation. Manufacturing a controlled substance is an offense under G.S. 90-95(a)(1). There is no separate psilocybin cultivation clause; the general manufacture offense applies.

Psilocybin penalties in North Carolina

G.S. 90-95(a) makes it unlawful, "except as authorized by this Article," to manufacture, sell or deliver a controlled substance, to possess one with intent to manufacture, sell or deliver it, or to possess one. The penalty class depends on the act:

The possession and distribution provisions read:

"(b) Except as provided in subsections (h) and (i) of this section, any person who violates G.S.90-95(a)(1) with respect to: (1) A controlled substance classified in Schedule I or II shall be punished as a Class H felon, except as follows: (i) the sale of a controlled substance classified in Schedule I or II shall be punished as a Class G felony ... (d) Except as provided in subsections (h) and (i) of this section, any person who violates G.S.90-95(a)(3) with respect to: (1) A controlled substance classified in Schedule I shall be punished as a Class I felon." (G.S. 90-95(b)(1), (d)(1))

Subsection (d)(1) carves out one Schedule I drug, MDPV, for a misdemeanor when the amount is 1 gram or less. Psilocybin has no such carve-out, so possession of any amount is a felony.

G.S. 90-95 was last amended in 2025 (S.L. 2025-25 and S.L. 2025-70); those amendments do not change the psilocybin penalties in that section. S.L. 2025-70 also created a separate offense, effective December 1, 2025: under G.S. 14-318.7, knowingly, intentionally or with reckless disregard for human life causing or permitting a child under 16 to be exposed to a controlled substance is a Class H felony, a Class E felony if the child ingests it, and a Class D, C or B1 felony if serious physical injury, serious bodily injury or death results.

Sentence ranges

North Carolina felony sentences come from the structured sentencing chart in G.S. 15A-1340.17, which sets ranges by offense class and the defendant's prior record level. For a person at prior record level I, the chart sets these authorized dispositions and presumptive ranges:

A community punishment is a sentence that does not include an active punishment (G.S. 15A-1340.11(2)). Higher prior record levels raise these ranges. On fines, G.S. 15A-1340.17(b) provides: "Unless otherwise provided, the amount of the fine is in the discretion of the court."

No trafficking tier for psilocybin

Many drugs in North Carolina carry weight-based trafficking charges under G.S. 90-95(h), but psilocybin is not one of them. The trafficking offenses in that subsection are named for marijuana, methaqualone, cocaine, methamphetamine, amphetamine, opium, opiates, opioids or heroin, fentanyl or carfentanil, MDA/MDMA, lysergic acid diethylamide (LSD), substituted cathinones and synthetic cannabinoids. Psilocybin cases fall under the general Schedule I penalties in the table above, and the statute uses no weight threshold for them: Schedule I reaches any quantity.

Enhanced penalties

G.S. 90-95(e) raises the class for certain distribution offenses:

• Sale or delivery to a minor or a pregnant woman. "Any person 18 years of age or over who violates G.S.90-95(a)(1) by selling or delivering a controlled substance to a person under 16 years of age but more than 13 years of age or a pregnant female shall be punished as a Class D felon." (G.S. 90-95(e)(5)) The same subdivision makes selling or delivering to a child 13 or younger a Class C felony and provides that "Mistake of age is not a defense to a prosecution under this section."
• Schools and child care centers. "Any person 21 years of age or older who commits an offense under G.S.90-95(a)(1) on property used for a child care center, or for an elementary or secondary school or within 1,000 feet of the boundary of real property used for a child care center, or for an elementary or secondary school shall be punished as a Class E felon." (G.S. 90-95(e)(8))
• Public parks. A person 21 or older who commits a manufacture, sale or delivery offense in a public park or within 1,000 feet of one is also punished as a Class E felon (G.S. 90-95(e)(10)).
• Jails and prisons. Possessing a controlled substance on the premises of a penal institution or local confinement facility is a Class H felony (G.S. 90-95(e)(9)).

The school, child care center and park enhancements apply to manufacture, sale and delivery offenses under G.S. 90-95(a)(1), not to simple possession; the jail and prison enhancement applies to possession.

First offenses and overdose immunity

Conditional discharge. G.S. 90-96(a) gives some first offenders a route to probation without a conviction being entered. For a person with no prior felony conviction and no prior conviction for a drug or drug-paraphernalia offense under North Carolina, federal or another state's law, who pleads guilty to or is found guilty of felony simple possession under G.S. 90-95(a)(3), the statute provides that "the court shall, without entering a judgment of guilt and with the consent of the person, defer further proceedings and place the person on probation upon such reasonable terms and conditions as it may require, unless the court determines with a written finding, and with the agreement of the District Attorney, that the offender is inappropriate for a conditional discharge for factors related to the offense." The court and prosecutor keep that exception, so the route is not automatic in every case. A conditional discharge is available only once.

Overdose limited immunity. G.S. 90-96.2 gives limited immunity from prosecution to a person who seeks help for a drug-related overdose when the conditions in subsections (b) and (c) are met. Subsection (c3) lists the covered offenses, including "(1) A misdemeanor violation of G.S.90-95(a)(3)" and "(2) A felony violation of G.S.90-95(a)(3) for possession of less than one gram of any controlled substance." It does not cover sale, delivery or manufacture.

For whether a dismissed or completed charge can later be removed from a record, see North Carolina expungement laws.

Psilocybin therapy, research and pending bills

North Carolina has no psilocybin therapy, medical or decriminalization law, and no program that lets adults lawfully possess psilocybin. The only lawful route in the Controlled Substances Act is registration: G.S. 90-101 requires persons who conduct research with controlled substances to register with the North Carolina Department of Health and Human Services, and subsection (b) provides that registered persons, "including research facilities," may "possess, manufacture, distribute, dispense or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of this Article."

Two 2025-2026 bills touch on psychedelics. Neither has passed a chamber:

• S.B. 1018. The official digest says the bill "Establishes the Breakthrough Therapies Research (BTR) Grant Fund as a non-reverting special fund in the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Use Services (Division) to award two BTR Grants," and requires recipients to attest that the funds "will be used to research psychedelic drugs in adherence with FDA protocols and federal law." It would fund research; it would not change the Schedule I listing or the penalties. Its last action was a re-referral to the Senate Appropriations/Base Budget committee on May 5, 2026.
• S.B. 568. Its last action, on March 26, 2025, was a referral to the Senate Committee on Rules and Operations of the Senate, with no later action on its bill page.

According to the UNC School of Government's Legislative Reporting Service summary of the 2026 adjournment resolution (S.J.R. 1091), the resolution adjourns the General Assembly from August 6, 2026 to a series of short reconvened sessions ending December 18, 2026, when the 2025 Regular Session stands adjourned sine die, and limits those sessions to listed categories of business, such as veto overrides, conference reports on bills for which both chambers appointed conferees on or before August 6, 2026, and concurrence votes on bills returned on or before that date. Neither bill is law.

How federal approval would reach North Carolina

North Carolina has no psilocybin trigger law tied to FDA approval. Instead, a general rule in G.S. 90-88(d) governs what happens when federal scheduling changes:

"(d) If any substance is designated, rescheduled or deleted as a controlled substance under federal law, the Commission shall similarly control or cease control of, the substance under this Article unless the Commission objects to such inclusion. The Commission, at its next regularly scheduled meeting that takes place 30 days after publication in the Federal Register of a final order scheduling a substance, shall determine either to adopt a rule to similarly control the substance under this Article or to object to such action." (G.S. 90-88(d))

So a federal rescheduling of psilocybin, if one ever occurs, would reach the state schedules through a Commission decision, not on its own.

Federal psilocybin law

Federally, psilocybin and psilocyn are Schedule I hallucinogenic substances in 21 CFR 1308.11(d), which, like the state schedule, reaches any material containing any quantity of them. Simple possession of a controlled substance is a federal misdemeanor under 21 U.S.C. 844(a), punishable by up to 1 year in prison, a fine of at least $1,000, or both, for a first offense. No psilocybin drug product is FDA-approved. Executive Order 14401 (April 18, 2026) directs, among other things, a review of rescheduling for Schedule I products that complete Phase 3 trials for a serious mental health disorder; it does not itself reschedule psilocybin. The psilocybin mushroom laws by state hub covers the federal layer in full.

Driving

North Carolina's impaired driving statute has two routes that matter here. G.S. 20-138.1(a)(1) covers driving "while under the influence of an impairing substance," which G.S. 20-4.01(14a) defines to include any controlled substance under Chapter 90, and G.S. 20-138.1(a)(3) covers driving "with any amount of a Schedule I controlled substance, as listed in G.S. 90-89, or its metabolites in his blood or urine." Because psilocybin and psilocin are Schedule I, the second route turns on the presence of the substance or its metabolites rather than on proof of impairment. See North Carolina DUI laws for penalties.

Related

• Psilocybin mushroom laws by state
• Is kratom legal in North Carolina?
• North Carolina DUI laws
• North Carolina expungement laws

Disclaimer: This article presents general legal information about North Carolina state law as of 2026-10-11. It is not legal advice. For a specific situation, contact a lawyer licensed in North Carolina or the relevant North Carolina agency.

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in North Carolina?

No. Psilocybin and psilocin are Schedule I controlled substances under G.S. 90-89(3), and possession of any amount of a Schedule I substance is a Class I felony under G.S. 90-95(d)(1). Sale is a Class G felony.

Is possession of psilocybin a felony in North Carolina?

Yes. G.S. 90-95(d)(1) punishes possession of a Schedule I controlled substance as a Class I felony, and the statute sets no smaller misdemeanor tier for psilocybin. A first offender may be eligible for a conditional discharge under G.S. 90-96(a).

What is the penalty for selling mushrooms in North Carolina?

Sale of a Schedule I substance is a Class G felony under G.S. 90-95(b)(1). Manufacture, delivery or possession with intent to manufacture, sell or deliver is a Class H felony, and sales to minors or near schools carry higher classes under G.S. 90-95(e).

Are psilocybin spores legal in North Carolina?

North Carolina's statutes do not mention spores or mushrooms. Schedule I in G.S. 90-89(3) lists the compounds psilocybin and psilocin in any material, compound, mixture or preparation that contains any quantity of them. Other provisions can still apply. Growing is manufacture (G.S. 90-87(15)), an attempt to commit an offense under the Controlled Substances Act is punished in the same class as the offense attempted (G.S. 90-98), and possessing equipment or materials with intent to use them to manufacture a controlled substance is a Class 1 misdemeanor under the drug paraphernalia law (G.S. 90-113.21, 90-113.22).

Has North Carolina decriminalized psilocybin?

No. North Carolina has no psilocybin decriminalization, therapy or medical law. Bills such as S.B. 1018 (2025 Session), which would fund psychedelic research grants, have not passed a chamber.

Is there a trafficking charge for psilocybin in North Carolina?

G.S. 90-95(h) has no trafficking offense for psilocybin. Its trafficking tiers name other drugs, such as marijuana, cocaine, opium, opiates, opioids or heroin, fentanyl, MDA/MDMA and LSD, so psilocybin cases are charged under the general Schedule I penalties.

Would FDA approval of a psilocybin drug change North Carolina law?

Any change would come through a state step. Under G.S. 90-88(d), when a substance is rescheduled under federal law, the Commission for MH/DD/SAS must similarly control the substance unless it objects, deciding at a regular meeting after the final federal order whether to adopt a matching state rule or to object.