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

Magic mushrooms are illegal in North Dakota: psilocybin and psilocyn are Schedule I hallucinogenic substances under N.D.C.C. 19-03.1-05(5), a listing that covers "any material, compound, mixture, or preparation containing any quantity" of them. Willful possession is a class A misdemeanor for a first offense and a class C felony for a repeat offense, sale or intent to deliver is a class B felony, and North Dakota has no psilocybin therapy program or decriminalization 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 Dakota state law on psilocybin and psilocyn as the Legislature's published texts read on October 11, 2026: the Uniform Controlled Substances Act (N.D.C.C. chapter 19-03.1), the penalty classes (N.D.C.C. 12.1-32-01), the Board of Pharmacy scheduling rule (N.D. Admin. Code ch. 61-13-01), the DUI statute and one paragraph on federal law. It does not cover city or county ordinances, tribal law, case law on mushrooms or spores, employer or school policies, or other states' laws.

Is psilocybin a controlled substance in North Dakota?

Yes. Schedule I's hallucinogen subsection, N.D.C.C. 19-03.1-05(5), begins:

"Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following hallucinogenic substances, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation ..."

Item l of that list is "Psilocybin." Psilocyn appears as item (11) in the same subsection's list of "substituted tryptamines," 19-03.1-05(5)(p). Under N.D.C.C. 19-03.1-04, the Schedule I criteria are that a substance "has high potential for abuse; and ... no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision."

Mushrooms and spores. The schedules name the chemicals, not the fungus. Neither the hallucinogen list nor the chapter's definitions in 19-03.1-01 mention mushrooms, fungi or spores. Coverage of mushrooms therefore rests on the "any material ... containing any quantity" wording rather than on a listing of the mushroom itself; this page does not state how that wording applies to spores, and no North Dakota court decision on spores is cited here.

The one exception: COMP360. Schedule IV, N.D.C.C. 19-03.1-11(7), lists under "Hallucinogenic substances": "Pharmaceutical composition of crystalline polymorph psilocybin, known as COMP360 or any such trade name approved for COMP360 by the United States food and drug administration." That entry is limited to that one pharmaceutical product. It does not move psilocybin, psilocyn or mushrooms out of Schedule I, and it creates no program. As of October 2026 no psilocybin drug product is FDA-approved (see the federal section below).

Who can change the schedule?

The State Board of Pharmacy administers the chapter. Under N.D.C.C. 19-03.1-02(1), "the board shall administer this chapter and may add substances to or delete or reschedule all substances enumerated in the schedules in sections 19-03.1-05, 19-03.1-07, 19-03.1-09, 19-03.1-11, or 19-03.1-13 pursuant to the procedures of chapter 28-32." The Board's own scheduling rule, N.D. Admin. Code ch. 61-13-01, contains no psilocybin text.

North Dakota also follows some federal changes. Subsection 4 of the same section provides that "if any substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice thereof is given to the board, the board shall similarly control the substance under this chapter after the expiration of thirty days from publication in the federal register of a final order designating a substance as a controlled substance or rescheduling, or deleting a substance, unless within that thirty-day period, the board objects to inclusion, rescheduling, or deletion." A federal rescheduling of psilocybin would therefore reach North Dakota's schedules through the Board, after notice and a federal final order, and the Board may object. The statute's text does not say how a Board action would interact with psilocybin's listing in the statute itself.

The psilocybin entries and the COMP360 entry appear in the enrolled text of SB 2064, a 2025 bill introduced at the request of the Board of Pharmacy that re-enacted the Schedule I, III and IV sections and was filed with the Secretary of State and took effect on March 26, 2025, as an emergency measure.

Penalties for psilocybin in North Dakota

The class ranges come from N.D.C.C. 12.1-32-01: a class A felony carries up to 20 years and a $20,000 fine; a class B felony up to 10 years and $20,000; a class C felony up to 5 years and $10,000; and a class A misdemeanor up to 360 days and $3,000.

Possession. Section 19-03.1-23(7)(a) makes it unlawful "to willfully, as defined in section 12.1-02-02, possess a controlled substance or a controlled substance analog unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner's professional practice, or except as otherwise authorized by this chapter." Under (7)(b), a violation is "a class A misdemeanor for the first offense," and a "second or subsequent offense not related to marijuana, tetrahydrocannabinol, or a kratom alkaloid derivative under this section or chapter 19-03.2, 19-03.3, or 19-03.4, or an equivalent offense from another court in the United States" is a class C felony. Under (7)(c), a person who is "in or on the real property comprising a public or private elementary or secondary school or a public career and technical education school" at the time of the offense is guilty of a class B felony, unless the offense involves marijuana, THC or a kratom alkaloid derivative.

North Dakota's possession offense has no weight tiers for psilocybin: the same class applies to any amount.

Use. Separately, 19-03.1-22.3(1) makes it a class A misdemeanor to intentionally ingest, inhale, inject or otherwise take a controlled substance into the body unless it was obtained directly from a practitioner or under a valid prescription or order.

Manufacture, sale and intent to deliver. Section 19-03.1-23(1) makes it unlawful "to willfully ... manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance." Psilocybin falls under (1)(b): "Any other controlled substance classified in schedule I, II, or III, or a controlled substance analog, except marijuana or tetrahydrocannabinol is guilty of a class B felony." The chapter has no cultivation-specific offense. Its definition of "manufacture" in 19-03.1-01(16) includes the "production, preparation, propagation, compounding, conversion, or processing of a controlled substance" and excludes "the preparation or compounding of a controlled substance by an individual for the individual's own use"; possession under subsection 7 can apply either way.

Prior delivery convictions. Under 19-03.1-23(5), a prior adult conviction for an equivalent manufacture, delivery or intent-to-deliver offense under North Dakota, another state's or federal law "must be considered a prior offense under subsection 1," and "the prior offense must be alleged in the complaint, information, or indictment." Subsection 1 itself sets the same class B felony for a first or a repeat offense, and the chapter's former mandatory-terms section, 19-03.1-23.2 ("Mandatory terms of imprisonment - Deferred or suspended sentence limited"), was "Repealed by S.L. 2019, ch. 187."

Aggravating factors. Section 19-03.1-23.1 raises a section 19-03.1-23 offense by one class (a class B felony becomes a class A felony, a class C felony becomes a class B felony, and a class A misdemeanor becomes a class C felony) in five situations. Two concern location:

• the offense "was committed during a school sponsored activity or was committed during the hours of six a.m. to ten p.m. if school is in session," involved manufacture, delivery or possession with intent "in, on, or within three hundred feet" of a preschool, a public or private elementary or secondary school, or a public career and technical education school, "the defendant was at least twenty-one years of age at the time of the offense, and the offense involved the delivery of a controlled substance to a minor" (all of those elements together); or
• the offense involved manufacture, delivery or possession with intent of a controlled substance "other than marijuana or tetrahydrocannabinol, in, on, or within three hundred feet" of a public park.

The section's quantity factor in subsection 1(c) names amounts of heroin, cocaine, PCP, LSD, a fentanyl analog, methamphetamine, MDMA, GHB and flunitrazepam; it names no psilocybin quantity.

The section also applies when "the defendant had a firearm in the defendant's actual possession at the time of the offense" (19-03.1-23.1(1)(d)), which reaches possession as well as delivery: a first-offense possession (a class A misdemeanor) becomes a class C felony, a repeat possession (a class C felony) becomes a class B felony, and a delivery becomes a class A felony.

The last factor, (1)(e), applies when the defendant sells, distributes, delivers or conspires to deliver a controlled substance to an individual "which results in the death of the individual due to the use of that controlled substance and the death of the individual would not have occurred in the absence of the defendant's conduct," which raises a class B felony delivery to a class A felony; it does not apply to a person immune under 19-03.1-23.4.

Death or injury. Under 19-03.1-22.6, a person who willfully delivers a controlled substance, or supplies another to deliver or consume one, is guilty of a class A felony if "an individual dies or is injured from overdosing after consuming a portion of that controlled substance."

Minors. An adult who "solicits, induces, intimidates, employs, hires, or uses" a person under 18 to aid in manufacturing or delivering a controlled substance for payment commits a class B felony (19-03.1-23(4)). Knowingly or intentionally causing or permitting a child to be exposed to, ingest or inhale, or have contact with a controlled substance is a class C felony, rising to a class B felony if the child suffers bodily injury and a class A felony if the child dies (19-03.1-22.2).

Overdose immunity. Section 19-03.1-23.4 gives immunity from prosecution under 19-03.1-22.3, subsection 7 of 19-03.1-23 and several other sections to a person who "in good faith ... seeks medical assistance for another individual in need of emergency medical assistance due to a drug overdose," if that person "remained on the scene until assistance arrived" and "cooperated with the medical treatment," and the overdosed person "must have been in a condition a layperson would reasonably believe to be a drug overdose requiring immediate medical assistance." Neither that person nor the person who overdosed may be charged with those offenses or "for the sharing of controlled substances among those present."

Psilocybin therapy, research and reform in North Dakota

North Dakota has no psilocybin therapy or decriminalization law. The only psilocybin text in chapter 19-03.1 is the Schedule I listing and the COMP360 entry in Schedule IV; the chapter contains no therapy program, medical-use program or decriminalization provision. None of the bills in the Legislature's bill index for the 2025 regular session or the January 2026 and September 2026 special sessions carries a psilocybin, psychedelic or ibogaine title.

The chapter's research section, 19-03.1-39(2), directs that "the board shall encourage research on misuse and abuse of controlled substances" and lets the Board "enter contracts with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects which bear directly on misuse and abuse of controlled substances." That section does not authorize anyone to possess psilocybin. Researcher registration under the chapter's registration sections is outside this page.

Federal psilocybin status

Psilocybin and psilocyn are also in federal Schedule I (21 CFR 1308.11(d)(29)-(30), text as of October 6, 2026), a listing that covers any material containing any quantity of them. Federal simple possession of a controlled substance can bring up to 1 year in prison and a minimum $1,000 fine for a first offense (21 U.S.C. 844(a)). Executive Order 14401 (April 2026) directs FDA to give national priority vouchers to psychedelic drugs with Breakthrough Therapy designation, directs FDA and DEA to set up a Right to Try pathway, and directs the Attorney General to review rescheduling of Schedule I products that complete Phase 3; it does not reschedule psilocybin. FDA has issued national priority vouchers and Breakthrough Therapy designations to psilocybin programs, which it says are not a determination of safety or effectiveness and not a substitute for marketing approval (FDA hearing notice); no psilocybin drug product is FDA-approved as of October 2026.

Driving after taking psilocybin

N.D.C.C. 39-08-01(1)(a)(3) makes it an offense to drive while "under the influence of any drug or substance or combination of drugs or substances to a degree which renders that person incapable of safely driving." The section's only numeric (per se) branch is an alcohol-concentration limit; it sets no per se or any-amount level for psilocybin or any other drug. For penalties and testing, see our guide to North Dakota DUI laws.

Records

A misdemeanor or felony conviction for psilocybin creates a criminal record. For whether a North Dakota record can be sealed, see North Dakota expungement laws.

Related

• Psilocybin mushroom laws by state
• North Dakota DUI laws
• North Dakota expungement laws
• North Dakota kratom laws

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

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in North Dakota?

No. Psilocybin and psilocyn are Schedule I substances under N.D.C.C. 19-03.1-05(5), which covers any material containing any quantity of them, and North Dakota has no psilocybin therapy or decriminalization law.

Is possession of psilocybin a felony in North Dakota?

A first offense is a class A misdemeanor (up to 360 days and $3,000), or a class C felony if the person had a firearm in actual possession (N.D.C.C. 19-03.1-23.1(1)(d)). A second or later offense is a class C felony, and possession on elementary, secondary or public career and technical school property is a class B felony (N.D.C.C. 19-03.1-23(7)).

What is the penalty for selling psilocybin in North Dakota?

Manufacturing, delivering or possessing psilocybin with intent to deliver is a class B felony, up to 10 years and $20,000 (N.D.C.C. 19-03.1-23(1)(b) and 12.1-32-01). If someone dies or is injured from overdosing on a delivered controlled substance, the offense is a class A felony under 19-03.1-22.6.

Are psilocybin mushroom spores legal in North Dakota?

North Dakota's schedules name the chemicals psilocybin and psilocyn and do not mention mushrooms, fungi or spores. The listing covers any material containing any quantity of those chemicals; this page does not state a rule for spores.

Does North Dakota have a psilocybin therapy program?

No. The only psilocybin entries in N.D.C.C. chapter 19-03.1 are the Schedule I listings and a Schedule IV entry for a crystalline polymorph psilocybin composition known as COMP360 (not FDA-approved as of October 2026), and the chapter creates no therapy, medical-use or research program for psilocybin.

What would FDA approval of a psilocybin drug change in North Dakota?

N.D.C.C. 19-03.1-11(7) lists in Schedule IV a crystalline polymorph psilocybin composition 'known as COMP360 or any such trade name approved for COMP360' by the FDA. That entry covers only that product; psilocybin and psilocyn otherwise stay in Schedule I.

Can you get a DUI for psilocybin in North Dakota?

Yes. N.D.C.C. 39-08-01(1)(a)(3) covers driving under the influence of any drug or substance to a degree that renders the person incapable of safely driving. The section sets no per se or any-amount level for drugs.