Are Magic Mushrooms Legal in Oklahoma? Psilocybin Laws (2026)

Magic mushrooms are not legal in Oklahoma: psilocybin and psilocyn are Schedule I controlled dangerous substances under 63 O.S. 2-204(C)(17)-(18), and possessing them is a misdemeanor for a first violation under 63 O.S. 2-402, rising to a felony on a fourth violation within ten years. Oklahoma has no psilocybin therapy program or decriminalization law; a 2023 psilocybin research bill died in the Senate, and the 2026 Oklahoma Breakthrough Therapy Act covers ibogaine only. 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 Oklahoma state law on psilocybin and psilocyn: Schedule I (63 O.S. 2-204), the possession and distribution offenses and their enhancements (63 O.S. 2-401, 2-402), the felony class ranges (21 O.S. 20L and 20M), the overdose-assistance immunity (63 O.S. 2-413.1), research registration (63 O.S. 2-303), the Board of Pharmacy's scheduling power (63 O.S. 2-201), the impaired-driving statute (47 O.S. 11-902) and the 2023 and 2026 bills named below, with one paragraph on federal law. It does not cover city or county ordinances (state law still applies throughout Oklahoma), tribal law, federal enforcement practice or other states' laws.

Are magic mushrooms legal in Oklahoma?

No. Oklahoma's Schedule I lists psilocybin and psilocyn among its hallucinogenic substances. Section 2-204(C) of Title 63 provides:

C. 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, when the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation: ... 17. Psilocybin; 18. Psilocyn;

Title 63 names psilocybin only in that Schedule I list. The Uniform Controlled Dangerous Substances Act contains no psilocybin exception, reduced-penalty tier, decriminalization provision or therapy program, so psilocybin is treated like any other Schedule I substance.

Are mushrooms and spores covered?

The schedule names compounds, not organisms. Section 2-204(C) lists psilocybin and psilocyn and reaches "any material, compound, mixture, or preparation which contains any quantity" of them, so a mushroom that contains either compound falls within the listing. The Uniform Controlled Dangerous Substances Act does not mention mushrooms or spores by name, and this article does not address how Oklahoma courts have treated spores.

What is the penalty for possessing psilocybin in Oklahoma?

Possession is governed by 63 O.S. 2-402, which applies to every controlled dangerous substance. Subsection A(1) provides:

A. 1. It shall be unlawful for any person knowingly or intentionally to possess a controlled dangerous substance unless such substance was obtained directly, or pursuant to a valid prescription or order from a practitioner, while acting in the course of his or her professional practice, or except as otherwise authorized by Section 2-101 et seq. of this title.

The penalty depends on the number of violations within ten years, not on the amount possessed:

The fourth-violation felony text reads:

4. a. Any person who violates this section a fourth time within ten (10) years shall, upon conviction, be guilty of a felony punishable by a fine not exceeding Five Thousand Dollars ($5,000.00), imprisonment in the custody of the Department of Corrections for not less than one (1) year nor more than five (5) years, or by both such fine and imprisonment.

For a fourth violation, the court may, with the defendant's consent, defer proceedings for up to three years before entering a judgment of guilt; if the person completes the court-ordered assessment and diversion program, the felony charge is changed to a misdemeanor (63 O.S. 2-402(B)(4)(b)-(c)). Every conviction under section 2-402 also carries, under subsection C, "a special assessment trauma-care fee of One Hundred Dollars ($100.00)" in addition to any fine. The current ladder reflects State Question No. 780 (effective July 1, 2017) and Laws 2023, c. 266 (effective November 1, 2023).

What is the penalty for selling or distributing psilocybin?

Distribution is a felony. Section 2-401 covers distributing, transporting with intent to distribute and possessing with intent to distribute a controlled dangerous substance. For a Schedule I substance other than marijuana, subsection B(1) provides that the person:

shall be guilty of transporting or possessing with an intent to distribute a controlled dangerous substance, a Class C2 felony offense, and shall be sentenced to a term of imprisonment as provided for in subsections B through F of Section 20M of Title 21 of the Oklahoma Statutes, and a fine not more than One Hundred Thousand Dollars ($100,000.00), which shall be in addition to other punishment provided by law and shall not be imposed in lieu of other punishment.

Subsection C(1) separately makes it unlawful, "Except when authorized by the Food and Drug Administration of the United States Department of Health and Human Services," to "manufacture or distribute a controlled substance or synthetic controlled substance." Under C(2), distributing in violation of that paragraph is a Class C2 felony with a fine of not more than $25,000.

Oklahoma's felony classes took effect January 1, 2026 (Laws 2024, c. 366, amended by Laws 2025, c. 187). The Class C2 ranges in 21 O.S. 20M are:

Subsection B of section 20M reads: "Any person convicted of a Class C2 criminal offense set forth in this section shall be punished by imprisonment in the custody of the Department of Corrections for a term of not more than seven (7) years and shall serve at least twenty percent (20%) of the sentence imposed."

Does growing mushrooms count as manufacturing?

The Act answers this through its definitions in 63 O.S. 2-101:

30. "Manufacture" means the production, preparation, propagation, compounding or processing of a controlled dangerous substance, either directly or indirectly by extraction from substances of natural or synthetic origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. ... 43. "Production" includes the manufacture, planting, cultivation, growing or harvesting of a controlled dangerous substance;

Under those definitions, growing or harvesting a controlled dangerous substance is production, and production is part of manufacture. Section 2-401(C)(1) makes manufacturing a controlled substance unlawful except when authorized by the FDA, and section 2-401(E) separately reaches an adult who uses or solicits a person under 18 to cultivate a controlled dangerous substance.

Manufacturing or attempting to manufacture any controlled dangerous substance is a Class A2 felony punishable by 7 years to life in prison and a fine of at least $50,000 (63 O.S. 2-401(G)(2)). Section 2-401(C)(4) separately makes manufacturing in violation of subsection C a Class C2 felony with a fine of up to $25,000.

Enhanced penalties: schools, parks and minors

Near schools and parks. Under 63 O.S. 2-401(F), transporting with intent to distribute or dispense, distributing, or possessing with intent to distribute a controlled dangerous substance "in or on, or within two thousand (2,000) feet of the real property comprising a public or private elementary or secondary school, public vocational school, public or private college or university, or other institution of higher education, recreation center or public park, including a state park or recreation area, public housing project, or child care facility as defined by Section 402 of Title 10 of the Oklahoma Statutes" is a Class C1 felony. For a first offense the term follows 21 O.S. 20L:

Minors. Section 2-401(E) provides that any person "at least eighteen (18) years of age" who uses or solicits "the use of services of a person less than eighteen (18) years of age to distribute, dispense, transport with intent to distribute or dispense or cultivate a controlled dangerous substance," or who distributes a controlled dangerous substance "to a person under eighteen (18) years of age, or in the presence of a person under twelve (12) years of age, is guilty of a Class C1 felony offense." Subsection E sets its own prison terms: 2 to 10 years for a first violation, 4 to 20 years for a second, and 10 years to life for a third or later violation.

Trafficking. Oklahoma's trafficking statute, 63 O.S. 2-415, sets weight thresholds for drugs it names one by one, including marijuana, cocaine and LSD. Psilocybin and psilocyn are not among the drugs named in that list.

Overdose emergency assistance

Oklahoma has a limited immunity for people who seek help. Under 63 O.S. 2-413.1(A), a peace officer shall not take into custody a person who requested emergency medical assistance, gave their name, stayed at the scene and cooperated. Subsection B provides:

B. A person who meets the criteria of subsection A of this section is immune from criminal prosecution for possession of a Schedule I or Schedule II controlled dangerous substance, as listed in Sections 2-204 and 2-206 of Title 63 of the Oklahoma Statutes, provided the amount of such controlled dangerous substance does not constitute trafficking, as provided in subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes, and for possession of drug paraphernalia associated with a controlled dangerous substance, as defined in paragraph 36 of Section 2-101 of Title 63 of the Oklahoma Statutes.

Subsection B also limits the immunity to offenses that involved intoxication from the use of a controlled dangerous substance. The immunity is written for possession and paraphernalia offenses.

Psilocybin research, therapy bills and the ibogaine act

Research registration. Oklahoma law already provides a registration route for Schedule I research. Under 63 O.S. 2-303(C), "A registration application by a practitioner who wishes to conduct research with Schedule I substances shall be accompanied by evidence of the applicant's federal registration to conduct such activity and shall be referred to the Medical Research Commission for advice."

HB 2107 (2023). House Bill 2107 described itself as "authorizing certain scientific research and clinical trials related to psilocybin and psilocyn; requiring registration; providing certain immunities." The bill history shows it passed the House on March 9, 2023 ("Ayes: 66 Nays: 32") and was referred in the Senate to the Health and Human Services Committee and then to Appropriations on March 29, 2023, with no further action. It did not become law.

HB 3834 (2026), the Oklahoma Breakthrough Therapy Act. The Governor approved HB 3834 on May 12, 2026, and its enrolled text provides, "This act shall become effective November 1, 2026." It is to be codified at 63 O.S. 2-806.1 to 2-806.6. The act provides for ibogaine clinical-trial funding contracts through the State Department of Health, creates an Ibogaine Development Revolving Fund, and bars professional discipline of licensed medical professionals solely for recommending participation in ibogaine clinical trials. It does not mention psilocybin, and it does not change psilocybin's Schedule I status.

FDA approval. Oklahoma has no psilocybin-specific trigger, but 63 O.S. 2-204(H) excludes from Schedule I any FDA-approved prescription drug that the DEA designates, reschedules or deletes as a controlled substance, once the DEA issues its notice, final rule or interim final rule, unless and until the Board of Pharmacy acts under section 2-201. The clause is written for an FDA-approved drug product, so it would not take mushrooms or other psilocybin material out of Schedule I. As of October 2026, no psilocybin drug product is FDA-approved, so the clause has not applied to psilocybin.

Can Oklahoma change psilocybin's schedule?

Apart from that FDA-approved-drug clause, a federal change would not move psilocybin out of Oklahoma's Schedule I. Oklahoma's definition of a controlled dangerous substance includes any substance "listed either temporarily or permanently as a federally controlled substance," and it adds: "Any conflict between state and federal law with regard to the particular schedule in which a substance is listed shall be resolved in favor of state law." (63 O.S. 2-101(11)). Section 2-204 lists psilocybin and psilocyn in Schedule I, so on that text a federal move to a lower schedule would leave them in Oklahoma's Schedule I.

The Board of Pharmacy can classify new substances by rule under 63 O.S. 2-201(B):

B. The Board of Pharmacy by rule may classify new products determined to have a potential for abuse as controlled dangerous substances after notice and hearing; provided that such rule shall be submitted to the next regular session of the Legislature, and such rule shall remain in force and effect unless a concurrent resolution of disapproval is passed.

Psilocybin and psilocyn are named in the statutory Schedule I itself, in section 2-204, so their listing does not depend on a Board rule.

Federal psilocybin law

Psilocybin and psilocyn are also Schedule I under federal law (21 CFR 1308.11(d)(29)-(30)), which reaches any material, compound, mixture or preparation containing any quantity of them. Federal simple possession of a controlled substance is a 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. No DEA or HHS notice or rule rescheduling psilocybin appears in the Federal Register through October 11, 2026. Executive Order 14401 (April 2026) directs the FDA and DEA to establish a Right to Try pathway for psychedelic drugs and the Attorney General to review rescheduling of Schedule I products that complete Phase 3 trials; it does not reschedule psilocybin and creates no enforceable right. Our psilocybin mushroom laws by state hub covers the federal layer in more detail.

Driving and criminal records

Oklahoma's impaired-driving statute has an any-amount clause that reaches psilocybin. Under 47 O.S. 11-902(A)(3), a person may not drive with "any amount of a Schedule I chemical or controlled substance, as defined in Section 2-204 of Title 63 of the Oklahoma Statutes, or one of its metabolites or analogs" in a bodily fluid at the time of a test. Section 11-902(A)(4) separately covers a driver who is under the influence of any intoxicating substance. Section 11-902 was amended several times in 2025 and again in 2026 (Laws 2026, c. 12, effective April 13, 2026); the current text sets no time limit for the test under paragraph 3, and a further version takes effect November 1, 2026 (Laws 2026, c. 437). See our guide to Oklahoma DUI laws.

A possession or distribution conviction creates a criminal record. Whether it can later be sealed is covered in our guide to Oklahoma expungement laws.

Related

• Psilocybin mushroom laws by state
• Oklahoma DUI laws
• Oklahoma expungement laws
• Oklahoma kratom laws

This article provides general legal information about Oklahoma state law as of October 11, 2026. It is not legal advice. Several 2026 acts amend sections cited here (63 O.S. 2-101, 2-204 and 2-401 and 21 O.S. 20M effective November 1, 2026, and 47 O.S. 11-902); none changes psilocybin's Schedule I listing or the penalties described. For advice about a specific situation, contact a lawyer licensed in Oklahoma.

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in Oklahoma?

No. Psilocybin and psilocyn are Schedule I controlled dangerous substances under 63 O.S. 2-204(C)(17)-(18), and the listing covers any material containing any quantity of either. Oklahoma has no decriminalization or therapy statute for psilocybin.

What is the penalty for possessing psilocybin in Oklahoma?

A first violation of 63 O.S. 2-402 is a misdemeanor punishable by up to one year of confinement and a fine of up to $1,000, plus a $100 trauma-care fee. A fourth violation within ten years is a felony punishable by 1 to 5 years in the Department of Corrections, a fine of up to $5,000, or both.

Is selling psilocybin mushrooms a felony in Oklahoma?

Yes. Transporting or possessing with intent to distribute a Schedule I substance other than marijuana is a Class C2 felony with a fine of up to $100,000 (63 O.S. 2-401(B)(1)); a Class C2 offense carries up to 7 years under 21 O.S. 20M(B). Distributing near a school or park, or to a person under 18, is a Class C1 felony.

Are psilocybin mushroom spores illegal in Oklahoma?

Oklahoma's schedule names the compounds psilocybin and psilocyn and any material containing any quantity of them (63 O.S. 2-204(C)). The Uniform Controlled Dangerous Substances Act does not mention mushrooms or spores by name.

Does Oklahoma have a psilocybin therapy or research law?

No psilocybin program is law. HB 2107 (2023), which would have authorized psilocybin research and clinical trials, passed the House 66-32 and died in the Senate. The 2026 Oklahoma Breakthrough Therapy Act (HB 3834) covers ibogaine clinical trials only.

Does Oklahoma protect someone who calls 911 for an overdose involving psilocybin?

Under 63 O.S. 2-413.1, a person who requests emergency medical help and meets the statute's conditions is immune from prosecution for possession of a Schedule I or II substance, if the amount does not constitute trafficking under 63 O.S. 2-415(C).