Ohio
Are Magic Mushrooms Legal in Ohio? Psilocybin Laws (2026)
Independently fact-checked against primary sources (last audited October 11, 2026). · 15 primary sources cited on this page. How we verify our legal content
Magic mushrooms are not legal in Ohio: psilocybin and psilocyn are Schedule I hallucinogens under Ohio Board of Pharmacy rule Ohio Adm. Code 4729:9-1-01(D)(29) and (30), and possessing any amount below the bulk amount is aggravated possession of drugs, a felony of the fifth degree under R.C. 2925.11(C)(1)(a). Ohio has no psilocybin decriminalization, therapy or medical program, and selling or growing psilocybin is charged as aggravated trafficking (R.C. 2925.03) or illegal manufacture of drugs (R.C. 2925.04). 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 Ohio state law: the Board of Pharmacy's Schedule I rule (Ohio Adm. Code 4729:9-1-01), the scheduling statutes in R.C. Chapter 3719 (3719.41, 3719.43, 3719.44 and 3719.45), the drug offenses and definitions in R.C. Chapter 2925 (2925.01, 2925.03, 2925.04 and 2925.11), the felony sentencing and fine provisions in R.C. 2929.14 and 2929.18, and the OVI statute, R.C. 4511.19, with one paragraph on federal law. It does not cover city or county ordinances, resolutions or enforcement policies, court decisions applying these statutes, federal property, or other states' laws.
Are magic mushrooms legal in Ohio?
No. Ohio lists psilocybin and psilocyn, the compounds in psilocybin mushrooms, in Schedule I, the state's most restrictive schedule. Possessing, selling or producing them is a felony under R.C. Chapter 2925 for anyone outside the exemptions those statutes list.
Ohio is unusual in one respect: its drug schedules are set by Board of Pharmacy rule rather than printed in the Revised Code. R.C. 3719.41(A) directs that "the state board of pharmacy shall adopt rules in accordance with Chapter 119. of the Revised Code establishing schedule I, schedule II, schedule III, schedule IV, and schedule V incorporating the five schedules of controlled substances under the federal drug abuse control laws." The penalties, though, are in the Revised Code.
No Ohio statute or Board rule decriminalizes psilocybin, sets up a state psilocybin-services or therapy program, or carves out an exception for small amounts. The Schedule I rule and the offense sections in Chapter 2925 contain no such provision.
What Ohio's Schedule I covers
The Board's rule establishes Schedule I under R.C. 3719.41 and lists both compounds among the hallucinogens:
"Pursuant to section 3719.41 of the Revised Code, controlled substance schedule I is hereby established, ... (D) Hallucinogens ... (29) Psilocybin; (30) Psilocyn;" (Ohio Adm. Code 4729:9-1-01)
The current version of the rule took effect November 8, 2025. The rule names the compounds, not the mushroom, and has no entry for mushrooms or for spores. This page does not address whether any particular material, such as spores, contains psilocybin or psilocyn; Ohio's statutes and the Schedule I rule do not mention spores.
How Ohio measures the amount
Ohio's drug penalties turn on the "bulk amount." For a Schedule I hallucinogen other than THC or lysergic acid amide, R.C. 2925.01(D)(1)(c) defines the bulk amount as:
"(c) An amount equal to or exceeding thirty grams or ten unit doses of a compound, mixture, preparation, or substance that is or contains any amount of a schedule I hallucinogen other than tetrahydrocannabinol or lysergic acid amide, or a schedule I stimulant or depressant;" (R.C. 2925.01(D)(1)(c))
The statute measures the compound, mixture, preparation or substance that "is or contains any amount of" the hallucinogen, not the weight of pure psilocybin. A "unit dose" under R.C. 2925.01(E) is an amount "that is separately identifiable and in a form that indicates that it is the amount or unit by which the controlled substance is separately administered to or taken by an individual." This page does not convert the bulk amount into a quantity of mushrooms; how a court applies these definitions to a specific case is outside its scope.
Penalties for psilocybin possession in Ohio
R.C. 2925.11(A) provides: "No person shall knowingly obtain, possess, or use a controlled substance or a controlled substance analog." For a Schedule I drug other than the substances the statute carves out (marihuana, cocaine, L.S.D., heroin, fentanyl-related compounds, hashish and controlled substance analogs), the offense is aggravated possession of drugs, and the base level is a fifth-degree felony:
"(a) Except as otherwise provided in division (C)(1)(b), (c), (d), or (e) of this section, aggravated possession of drugs is a felony of the fifth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. (b) If the amount of the drug involved equals or exceeds the bulk amount but is less than five times the bulk amount, aggravated possession of drugs is a felony of the third degree, and there is a presumption for a prison term for the offense." (R.C. 2925.11(C)(1)(a)-(b))
The tiers rise with the amount:
| Amount of psilocybin involved | Offense level (R.C. 2925.11(C)(1)) |
|---|---|
| Less than the bulk amount (30 grams or 10 unit doses) | Felony of the fifth degree; R.C. 2929.13(B) applies to the prison decision |
| Bulk amount to less than 5 times bulk | Felony of the third degree, with a presumption for a prison term |
| 5 times bulk to less than 50 times bulk | Felony of the second degree, mandatory second-degree prison term |
| 50 times bulk to less than 100 times bulk | Felony of the first degree, mandatory prison term |
| 100 times bulk or more | Felony of the first degree; the offender is a major drug offender and faces the maximum mandatory term |
The schedule I and II possession paragraph has no separate step-up for a prior drug conviction. The prior-conviction step-up in R.C. 2925.11 appears in the paragraph for Schedule III, IV and V drugs, which does not apply to psilocybin.
Penalties for selling or distributing psilocybin
R.C. 2925.03(A) makes it a crime to knowingly "(1) Sell or offer to sell a controlled substance or a controlled substance analog" or "(2) Prepare for shipment, ship, transport, deliver, prepare for distribution, or distribute a controlled substance or a controlled substance analog, when the offender knows or has reasonable cause to believe that the controlled substance or a controlled substance analog is intended for sale or resale by the offender or another person." An offer to sell is enough under division (A)(1), and division (A)(2) reaches transporting or preparing psilocybin for distribution when the person knows or has reason to believe it is meant for sale.
For psilocybin, the offense is aggravated trafficking in drugs. The base level is a fourth-degree felony, and R.C. 2929.13(C) applies in deciding whether to impose prison. The level rises with location and amount:
| Amount | Base offense | In the vicinity of a school, a juvenile, or an addiction services provider or recovering addict |
|---|---|---|
| Less than the bulk amount | Felony of the fourth degree | Felony of the third degree |
| Bulk amount to less than 5 times bulk | Felony of the third degree, with a presumption for a prison term | Felony of the second degree, mandatory term |
| 5 times bulk to less than 50 times bulk | Felony of the second degree, mandatory term | Felony of the first degree, mandatory term |
| 50 times bulk or more | Felony of the first degree, mandatory term | Felony of the first degree, mandatory term |
| 100 times bulk or more | Major drug offender | Major drug offender |
An offense is "committed in the vicinity of a school" under R.C. 2925.01(P) if the offender commits it "on school premises, in a school building, or within one thousand feet of the boundaries of any school premises, regardless of whether the offender knows the offense is being committed on school premises."
Prior convictions matter at the third-degree level. R.C. 2925.03(C)(1)(c) provides: "If aggravated trafficking in drugs is a felony of the third degree under this division and if the offender two or more times previously has been convicted of or pleaded guilty to a felony drug abuse offense, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the third degree."
Growing psilocybin mushrooms: illegal manufacture of drugs
Ohio's definition of manufacture is broad. Under R.C. 2925.01(J), "Manufacture" means "to plant, cultivate, harvest, process, make, prepare, or otherwise engage in any part of the production of a drug, by propagation, extraction, chemical synthesis, or compounding, or any combination of the same." R.C. 2925.04(A) provides that "No person shall knowingly cultivate marihuana or knowingly manufacture or otherwise engage in any part of the production of a controlled substance."
For a Schedule I drug such as psilocybin, the penalty is set by R.C. 2925.04(C)(2):
"(2) Except as otherwise provided in this division, if the drug involved in the violation of division (A) of this section is any compound, mixture, preparation, or substance included in schedule I or II, with the exception of methamphetamine or marihuana, illegal manufacture of drugs is a felony of the second degree, and, subject to division (E) of this section, the court shall impose as a mandatory prison term a second degree felony mandatory prison term." (R.C. 2925.04(C)(2))
The offense becomes a first-degree felony if it is committed in the vicinity of a juvenile or a school. Because manufacture includes planting, cultivating and harvesting, growing psilocybin mushrooms falls within the manufacture offense.
Ohio felony sentencing ranges and fines
The offense levels above map onto Ohio's general felony sentencing statute, R.C. 2929.14(A), and its fine statute, R.C. 2929.18(A)(3):
| Felony level | Prison term (R.C. 2929.14(A)) | Maximum fine (R.C. 2929.18(A)(3)) |
|---|---|---|
| First degree | Indefinite term; the court selects a stated minimum of 3 to 11 years, with the maximum term set under R.C. 2929.144 | $20,000 |
| Second degree | Indefinite term; the court selects a stated minimum of 2 to 8 years, with the maximum term set under R.C. 2929.144 | $15,000 |
| Third degree | Definite term of 9, 12, 18, 24, 30 or 36 months (R.C. 2929.14(A)(3)(b)) | $10,000 |
| Fourth degree | Definite term of 6 to 18 months | $5,000 |
| Fifth degree | Definite term of 6 to 12 months | $2,500 |
Drug felonies at the higher levels also carry a mandatory fine. For a first-, second- or third-degree felony under Chapter 2925, R.C. 2929.18(B)(1) provides that "the sentencing court shall impose upon the offender a mandatory fine of at least one-half of, but not more than, the maximum statutory fine amount authorized for the level of the offense pursuant to division (A)(3) of this section." The court does not impose it if the offender files an affidavit of indigency and the court finds the offender indigent.
Overdose reporting protection
R.C. 2925.11(B)(2) protects a person who seeks medical help for an overdose, or who experiences one, from some possession charges. It provides that "a qualified individual shall not be arrested, charged, prosecuted, convicted, or penalized pursuant to this chapter for a minor drug possession offense or a violation of section 2925.12, division (C)(1) of section 2925.14, or section 2925.141 of the Revised Code" when the evidence "was obtained as a result of the qualified individual seeking the medical assistance or experiencing an overdose and needing medical assistance," and the statute's other listed conditions are met.
A "minor drug possession offense" is a possession violation "that is a misdemeanor or a felony of the fifth degree." For psilocybin, that means possession below the bulk amount. Trafficking under R.C. 2925.03 and manufacture under R.C. 2925.04 are not among the offenses the protection lists. The statute sets further conditions, including follow-up requirements, so a reader relying on it should read R.C. 2925.11(B)(2) in full or ask a lawyer.
Is there a psilocybin therapy or research program in Ohio?
No Ohio statute or Board rule creates a psilocybin therapy, medical or research program. Psilocybin remains in Schedule I, and the possession, trafficking and manufacture offenses apply to anyone outside the licensing laws.
Chapter 2925's possession offense does not apply to "Manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies, and other persons whose conduct was in accordance with Chapters 3719., 4715., 4723., 4729., 4730., 4731., 4741., and 4772." of the Revised Code (R.C. 2925.11(B)(1)(a)). Lawful research with a Schedule I substance runs through those licensing and registration laws, not through any psilocybin-specific statute. The Ohio Board of Pharmacy administers the controlled-substance licensing rules.
The one recent Ohio item that touches psychedelics concerns a different substance. According to the Ohio Capital Journal (May 13, 2026), an Ibogaine Treatment Study Committee, chaired by Rep. Justin Pizzulli, was created as part of the previous year's state budget. The committee concerns ibogaine. It does not change the status of psilocybin.
How a federal change would reach Ohio
Ohio follows federal scheduling changes automatically. R.C. 3719.43 provides that when Congress or the U.S. Attorney General adds, transfers or removes a substance in the federal schedules, "then such addition, transfer, or removal is automatically effected in the corresponding schedule or schedules established by rule adopted under section 3719.41 of the Revised Code, subject to amendment pursuant to section 3719.44 of the Revised Code." The Board may also add or change substances by rule under R.C. 3719.44, and by emergency rule for an imminent hazard under R.C. 3719.45.
That mechanism matters if the federal government ever moves psilocybin, or an FDA-approved psilocybin medicine, out of Schedule I. No such federal action has occurred as of October 11, 2026, so Ohio's Schedule I listing stands. R.C. 3719.41, 3719.43, 3719.44 and 3719.45 contain no psilocybin-specific provision tied to FDA approval; R.C. 3719.43 is the general route by which a federal change would carry over.
Federal psilocybin law
Psilocybin and psilocyn are also federal Schedule I substances, and the federal listing reaches "any material, compound, mixture, or preparation, which contains any quantity" of them (21 CFR 1308.11(d)(29)-(30)). Federal simple possession of a controlled substance is a misdemeanor under 21 U.S.C. 844(a), punishable by up to one year and a minimum $1,000 fine for a first offense. No DEA or HHS rescheduling notice or rule for psilocybin appears in the Federal Register through October 11, 2026, and no psilocybin drug product had FDA approval as of October 2026. Executive Order 14401 (April 18, 2026) directs the Attorney General to review rescheduling of Schedule I products that complete Phase 3 trials, but it does not reschedule psilocybin.
Driving and criminal records
Ohio's OVI statute, R.C. 4511.19(A)(1)(a), prohibits operating a vehicle while "under the influence of alcohol, a drug of abuse, or a combination of them"; see our guide to Ohio DUI laws. The psilocybin possession, trafficking and manufacture offenses described above are all felonies; for whether a drug conviction can be sealed or expunged, see Ohio expungement laws.
Related
This article provides general legal information about Ohio state law as of October 11, 2026. It is not legal advice. For advice about a specific situation, including a pending charge, contact a lawyer licensed in Ohio.
Last updated: 2026-10-11.
Frequently Asked Questions
Are magic mushrooms legal in Ohio?
No. Psilocybin and psilocyn are Schedule I hallucinogens under Ohio Adm. Code 4729:9-1-01(D)(29)-(30), and possessing, selling or producing them is a felony under R.C. Chapter 2925.
Is possession of psilocybin mushrooms a felony in Ohio?
Yes. Possession below the bulk amount (30 grams or ten unit doses) is aggravated possession of drugs, a fifth-degree felony under R.C. 2925.11(C)(1)(a), with a prison range of 6 to 12 months and a fine of up to $2,500. Larger amounts are third-degree to first-degree felonies.
What is the penalty for selling psilocybin in Ohio?
Selling or offering to sell psilocybin is aggravated trafficking in drugs under R.C. 2925.03, a fourth-degree felony at the base level. It becomes a third-degree felony in the vicinity of a school, a juvenile, or a substance addiction services provider or recovering addict, and larger amounts carry mandatory prison terms.
Is growing magic mushrooms illegal in Ohio?
Yes. Ohio defines manufacture to include planting, cultivating and harvesting (R.C. 2925.01(J)), and illegal manufacture of a Schedule I drug is a second-degree felony with a mandatory prison term under R.C. 2925.04(C)(2).
Has Ohio decriminalized psilocybin?
No. No Ohio statute or Board of Pharmacy rule decriminalizes psilocybin or creates a psilocybin therapy program. Ohio's Ibogaine Treatment Study Committee concerns ibogaine, not psilocybin.
Would federal rescheduling of psilocybin change Ohio law?
Under R.C. 3719.43, a federal addition, transfer or removal of a substance in the federal schedules is automatically effected in Ohio's schedules. Psilocybin remains in federal Schedule I as of October 2026.
Can you get an OVI for psilocybin in Ohio?
Yes. R.C. 4511.19(A)(1)(a) prohibits operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Ohio Revised Code
§ 2925.11Possession of controlled substancesIn forcecited in 2 of our articles
(A) No person shall knowingly obtain, possess, or use a controlled substance or a controlled substance analog. (B)(1) This section does not apply to any of the following: (a) Manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies, and other…
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
Also relied on in: Is Kratom Legal in Ohio? Leaf vs 7-OH Rules (2026 Law)
§ 4511.19Operating vehicle under the influence of alcohol or drugs - OVIIn forcecited in 2 of our articles
(A)(1) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply: (a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
Cited in 4,238 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Burnside (Ohio Supreme Court 2003, 100 Ohio St. 3d 152)“…with driving under the influence of alcohol in violation of R.C. 4511.19(A)(1). {¶ 3} Trooper Ward transported…”
- State v. McNamara (Ohio Court of Appeals 1997, 124 Ohio App. 3d 706)“…ile under the influence of alcohol (“OMVI”) in violation of R.C. 4511.19(A)(1) and (3). Officer McCall transport…”
- State v. Klein (Ohio Court of Appeals 1991, 73 Ohio App. 3d 486)“…ol concentration above the specified limit, in violation of R.C. 4511.19(A)(1) and (3), misdemeanors of the firs…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Ohio OVI Laws: Penalties, BAC Limit & License (2026)
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Ohio Adm. Code 4729:9-1-01, Schedule I controlled substances(codes.ohio.gov).gov
- R.C. 2925.11, Possession of controlled substances(codes.ohio.gov).gov
- R.C. 2925.03, Trafficking offenses(codes.ohio.gov).gov
- R.C. 2925.04, Illegal manufacture of drugs(codes.ohio.gov).gov
- R.C. 3719.41, Controlled substance schedules(codes.ohio.gov).gov
- R.C. 2925.01, Drug offense definitions(codes.ohio.gov).gov
- R.C. 2929.14, Felony prison terms(codes.ohio.gov).gov
- R.C. 2929.18, Financial sanctions for felonies(codes.ohio.gov).gov
- Ohio Board of Pharmacy(pharmacy.ohio.gov).gov
- Ohio Capital Journal, Ibogaine Treatment Study Committee (May 13, 2026)(ohiocapitaljournal.com)
- R.C. 3719.43, Federal scheduling changes automatically effected(codes.ohio.gov).gov
- R.C. 3719.44, Board of Pharmacy changes to schedules(codes.ohio.gov).gov
- R.C. 3719.45, Emergency scheduling(codes.ohio.gov).gov
- 21 CFR 1308.11, Federal Schedule I(ecfr.gov).gov
- 21 U.S.C. 844, Penalty for simple possession(law.cornell.edu)
- Executive Order 14401, Accelerating Medical Treatments for Serious Mental Illness, 91 FR 21709(federalregister.gov).gov
- R.C. 4511.19, Operating a vehicle under the influence (OVI)(codes.ohio.gov).gov