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

Magic mushrooms are illegal in Oregon outside the state's licensed psilocybin services program. Psilocybin and psilocyn are Schedule I controlled substances under the Board of Pharmacy's rule OAR 855-080-0021, and possessing them without authorization is a crime under ORS 475.752: a drug enforcement misdemeanor below 12 grams, a Class A misdemeanor at 12 grams or more, and a Class B felony at the commercial or substantial-quantity tier. The Oregon Psilocybin Services Act (ORS chapter 475A) exempts licensed manufacture, delivery and possession and allows adults 21 and older to receive psilocybin services, but only at a licensed service center under a licensed facilitator. 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 Oregon state law on psilocybin: the Schedule I rule (OAR 855-080-0021) and the Board of Pharmacy's scheduling power (ORS 475.035), the possession, delivery and manufacture offenses in ORS chapter 475 as amended by House Bill 4002 (2024), the Oregon Psilocybin Services Act (ORS chapter 475A) and the Oregon Health Authority's program rules (OAR chapter 333, division 333), local opt-outs, the 2025 and 2026 psilocybin acts, and the DUII definition of an intoxicant, with one paragraph on federal law. It does not cover individual city or county measures, tribal law, employer policies, military rules or other states' laws, and it does not describe how to take part in psilocybin services.

Are magic mushrooms legal in Oregon?

Psilocybin and psilocyn are Schedule I in Oregon. The Board of Pharmacy sets the schedules by rule, and OAR 855-080-0021(1) provides that Schedule I "consists of the drugs and other substances ... listed in 21 CFR 1308.11 (v. 04/01/2025)," plus a list of state additions. The federal list includes psilocybin and psilocyn (21 CFR 1308.11(d)(29)-(30)). It names those two compounds, not the mushroom.

Oregon's definition of a controlled substance then carves out the licensed program. ORS 475.005(6)(b)(F) excludes:

"Psilocybin or psilocin, but only if and to the extent that a person manufactures, delivers, or possesses psilocybin, psilocin, or psilocybin products in accordance with the provisions of ORS 475A.210 to 475A.722 and rules adopted under ORS 475A.210 to 475A.722."

So the answer turns on where the psilocybin is and who holds it. Inside the licensed framework, ORS chapter 475A governs. Everywhere else, psilocybin is a Schedule I controlled substance and the drug offenses in ORS chapter 475 apply.

Psilocybin possession penalties in Oregon

ORS 475.752(3) makes it unlawful "knowingly or intentionally to possess a controlled substance" without a practitioner's prescription or order or other authorization in the chapter. For psilocybin, the penalty depends on the amount and the circumstances:

How weight is measured. Each threshold counts "a mixture or substance containing a detectable amount of psilocybin or psilocin," not the weight of the pure compound. The 12-gram line reads: "Twelve grams or more of a mixture or substance containing a detectable amount of psilocybin or psilocin."

The drug enforcement misdemeanor. For the lowest tier, ORS 475.896 directs the court to suspend any jail sentence and impose "supervised probation of a definite period of up to 18 months," unless the defendant asks to be sentenced to incarceration of up to 180 days instead. The court "may not include in the judgment of conviction ... a requirement that the defendant pay a fine, cost, assessment or attorney fee." If probation is violated, sanctions may total up to 30 days in jail, and on revocation the court may impose up to 180 days (ORS 475.896(3)(c), (4)(a)). ORS 475.897 provides for conditional discharge. This is still a crime, not a violation.

The felony tier. Possession is a Class B felony if it "is a commercial drug offense under ORS 475.900 (1)(b)" or the person "possesses a substantial quantity under ORS 475.900 (3)(b)." A commercial drug offense requires at least three listed factors, such as delivery of psilocybin or psilocin "for consideration" or possession of $300 or more in cash. One of the listed factors is possession of controlled substances in an amount greater than listed figures, including "Ten grams or more of a mixture or substance containing a detectable amount of psilocybin or psilocin" (ORS 475.900(1)(b)(K)). For psilocybin, a substantial quantity is 60 grams or more of such a mixture.

When these tiers apply. House Bill 4002 (2024 Or. Laws ch. 70) rewrote the possession offenses. Its section 73 made the amendments to ORS 475.752 and related sections operative on September 1, 2024, and section 74 applies them "to conduct constituting an offense occurring, or alleged to have occurred, on or after September 1, 2024." Senate Bill 236 (2025 Or. Laws ch. 532, effective July 17, 2025) amended ORS 475.752 and 475.896 again; the thresholds above are the text of the 2025 edition of the Oregon Revised Statutes. ORS 475.752 and 475.896 contain no repeat-offense tier for possession.

Overdose calls. Under ORS 475.898, a person who contacts emergency medical services or a law enforcement agency to get help for someone else's drug-related overdose, and the person who needs help, are immune from arrest, prosecution or a civil penalty for possession under ORS 475.752 "if the evidence of the offense was obtained because the person contacted emergency medical services or a law enforcement agency." The immunity is not grounds to suppress evidence relating to other offenses (ORS 475.898(6)).

Selling or delivering psilocybin

Manufacturing or delivering a Schedule I substance is a Class A felony under ORS 475.752(1)(a), "except as otherwise provided in ORS 475.886 and 475.890," which are the methamphetamine sections. Oregon has no reduced delivery tier for small amounts of psilocybin. A Class A felony carries up to 20 years in prison (ORS 161.605) and a fine of up to $375,000 (ORS 161.625(1)(b)). Oregon has no separate possession-with-intent offense; the commercial drug offense route described above lifts possession to a felony instead.

Other provisions that apply to psilocybin:

• Substantial quantity. For delivery or manufacture, 60 grams or more of a mixture or substance containing a detectable amount of psilocybin or psilocin places the offense in crime category 8 under ORS 475.900(1)(a).
• Near schools. Under ORS 475.904, manufacturing or delivering a Schedule I, II or III controlled substance "within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors" is a Class A felony. The exceptions in that section name cannabis licensees, not psilocybin licensees. Possession alone is not covered by this section.
• Delivery to a minor. Delivering a Schedule I or II substance to a person under 18 is a Class A felony (ORS 475.906(1)). The 34-to-72-month sentencing range in ORS 475.907 covers cocaine, methamphetamine, heroin, fentanyl and ecstasy, not psilocybin, so no mandatory minimum applies to psilocybin under that section.

The Oregon Psilocybin Services Act

Voters enacted the Oregon Psilocybin Services Act as Ballot Measure 109 in 2020 (2021 Or. Laws ch. 1). It creates a state licensing system run by the Oregon Health Authority (OHA), with licenses for psilocybin product manufacturers (ORS 475A.290), service center operators (ORS 475A.305) and facilitators (ORS 475A.325). ORS 475A.275 provides:

"Licensees and licensee representatives may manufacture, deliver and possess psilocybin products subject to the provisions of ORS 475A.210 to 475A.722 and rules adopted under ORS 475A.210 to 475A.722. The manufacture, delivery or possession of psilocybin products by a licensee or a licensee representative in compliance with ORS 475A.210 to 475A.722 and rules adopted under ORS 475A.210 to 475A.722 does not constitute a criminal or civil offense under the laws of this state."

The Act defines "psilocybin products" as "(A) Psilocybin-producing fungi; and (B) Mixtures or substances containing a detectable amount of psilocybin" (ORS 475A.220(12)). For the Act's purposes, "premises" does not include a primary residence (ORS 475A.220(8)(b)).

Who may take part, and where. The program gives adult clients a narrow role. ORS 475A.498 provides that "a client may purchase, possess, and consume a psilocybin product: (1) Only at a psilocybin service center; and (2) Only under the supervision of a psilocybin service facilitator."

Age. "A licensee or licensee representative may not sell or deliver a psilocybin product to a person under 21 years of age" (ORS 475A.440), and ORS 475A.335 lets OHA require facilitators to use age-verification equipment. OHA's service-center rule, OAR 333-333-4480(1)(a), lets a service center, "between the hours of 6:00 AM and 11:59 PM local time, sell psilocybin products and provide psilocybin services to clients 21 years of age or older." Except as OHA rules allow or in an emergency, a person under 21 who enters or tries to enter a premises posted as off-limits to under-21s commits a Class B violation (ORS 475A.495), and producing identification that falsely indicates age is a Class A misdemeanor (ORS 475A.501). Making a psilocybin product available to a visibly intoxicated person is also a Class A misdemeanor (ORS 475A.504).

What the Act does not change. It is a licensing exception, not a personal possession right. Psilocybin possessed outside the licensed framework remains a Schedule I controlled substance, and the possession penalties above apply. Official information about the program is on the OHA Oregon Psilocybin Services page. For a comparison of Oregon's program with the other regulated state programs, see ATMA CENA's Oregon psychedelic legality page.

Recent Oregon psilocybin laws and rule changes

The 2025 and 2026 sessions adjusted the program's administration. None of these acts changes the Schedule I status of psilocybin or the possession penalties:

OHA's 2026 rulemaking. OHA published revised proposed program rules on September 1, 2026, took public comment from September 1 to 21 and held hearings on September 15 and 16. On September 22, 2026, OHA announced that it will not move forward with that rulemaking or adopt the proposed fee increases, and that it plans a new rulemaking for the non-fee changes with a planned effective date of January 15, 2027. Until a new rule is adopted, the existing rules in OAR chapter 333, division 333 remain in place. The OHA psilocybin rulemaking page tracks the process.

Can Oregon cities ban psilocybin?

Cities and counties can opt out of the licensed businesses, but not out of state law. ORS 475A.718(1) lets a city or county governing body adopt ordinances "to be referred to the electors" that "prohibit or allow the establishment" of licensed psilocybin product manufacturers, licensed service center operators, or both (the measure goes to voters at the next statewide general election, ORS 475A.718(2)). Cities and counties may also adopt reasonable time, place and manner regulations for licensed businesses (ORS 475A.530). Beyond those powers, the Act is "paramount and superior to and fully replace[s] and supersede[s] any municipal charter amendment or local ordinance inconsistent with" it (ORS 475A.524). A local measure decides only whether licensed businesses may operate there; the state possession offenses apply in every city and county.

Psilocybin spores and research

ORS chapters 475, 475A and 475C contain no provision that mentions spores. Oregon's Schedule I covers the compounds psilocybin and psilocyn, and the licensing act's definition of psilocybin products covers psilocybin-producing fungi and mixtures with a detectable amount of psilocybin.

For research, ORS 475.135(3) requires practitioners to be registered with the Board of Pharmacy to conduct research with Schedule I through V substances. A person holding a DEA research registration may conduct research in Oregon, in compliance with other state law, after giving the Board evidence of it, and is "exempt from state prosecution for possession and distribution of controlled substances to the extent of the registration."

Would federal changes reach Oregon's schedule?

Oregon's Schedule I rule incorporates a fixed edition of the federal list ("v. 04/01/2025"). Under ORS 475.035(2), "whenever the board determines that a change in or an addition to the schedule of a controlled substance is justified, the board by rule may order the change and fix the effective date thereof." The Board would ordinarily carry a future federal change to psilocybin's status into Oregon's schedules by rule. ORS 475.005(6)(a) also defines a controlled substance as a drug "classified in Schedules I through V under the federal Controlled Substances Act, 21 U.S.C. 811 to 812, as modified under ORS 475.035," and no Oregon decision cited here says how a federal rescheduling would apply before the Board amends its rule. No 2025 or 2026 Oregon act provides for automatic rescheduling of an FDA-approved psilocybin drug.

Federal psilocybin law

Psilocybin and psilocyn are federal Schedule I hallucinogens (21 CFR 1308.11(d)(29)-(30)), and federal simple possession of a controlled substance is a misdemeanor punishable by up to 1 year in prison and a minimum $1,000 fine for a first offense (21 U.S.C. 844(a)). As of October 2026, no federal notice or rule moving psilocybin out of Schedule I appears in the Federal Register, and no psilocybin drug product is FDA-approved. The FDA's national priority vouchers and Breakthrough Therapy designations for psilocybin programs are, in the FDA's words, not a determination of safety or effectiveness. Federal law still lists psilocybin in Schedule I regardless of Oregon's licensed program. Our psilocybin mushroom laws by state hub covers the federal layer in more detail.

Driving and criminal records

Oregon's DUII statute prohibits driving while "under the influence of an intoxicant" (ORS 813.010(1)(b)), and ORS 801.321 defines an intoxicant to include "(5) Psilocybin" as well as "any drug, as defined in ORS 475.005," that "adversely affects a person's mental or physical faculties to a noticeable or perceptible degree." ORS 813.010(1) has no per se drug-amount clause, and a conviction based on a controlled substance requires that fact to be "pleaded in the accusatory instrument" and proved or admitted (ORS 813.010(2)). DUII is a Class A misdemeanor, or a Class C felony after three prior DUII convictions within 10 years (ORS 813.010(4), (5)). See our guide to Oregon DUI laws. A psilocybin conviction creates a criminal record; whether it can be set aside is covered in our guide to Oregon expungement laws.

Related

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

This article provides general legal information about Oregon state law as of October 11, 2026. It is not legal advice. Oregon Health Authority program rules and Board of Pharmacy schedules can change, and local measures do not change state or federal law. For advice about a specific situation, contact a lawyer licensed in Oregon or the Oregon Health Authority.

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in Oregon?

Only inside the licensed program. Psilocybin is Schedule I (OAR 855-080-0021) and possessing it without authorization is a crime under ORS 475.752, but licensed psilocybin services under ORS chapter 475A are exempt.

Is psilocybin decriminalized in Oregon?

No. For conduct on or after September 1, 2024, possessing psilocybin outside the licensed program is at least a drug enforcement misdemeanor under ORS 475.752(3), and 12 grams or more is a Class A misdemeanor.

What is the penalty for possession of mushrooms in Oregon?

Below 12 grams, a drug enforcement misdemeanor with probation of up to 18 months and no fine; if probation is violated, jail sanctions can total 30 days, and the court can impose up to 180 days on revocation (ORS 475.896). 12 grams or more is a Class A misdemeanor (up to 364 days and $6,250), and the commercial or 60-gram substantial-quantity tier is a Class B felony.

How old do you have to be for psilocybin services in Oregon?

21. ORS 475A.440 bars licensees from selling or delivering a psilocybin product to anyone under 21, and OAR 333-333-4480 lets service centers serve clients 21 years of age or older.

Can you take psilocybin home from an Oregon service center?

No. Under ORS 475A.498 a client may purchase, possess and consume a psilocybin product only at a psilocybin service center and only under the supervision of a licensed facilitator.

Can an Oregon city ban psilocybin service centers?

Yes, through a measure referred to voters. ORS 475A.718 lets a city or county refer an ordinance that prohibits or allows licensed manufacturers, service centers or both.

Are mushroom spores illegal in Oregon?

ORS chapters 475, 475A and 475C do not mention spores. Schedule I lists the compounds psilocybin and psilocyn, and the licensing act defines psilocybin products as psilocybin-producing fungi and mixtures containing a detectable amount of psilocybin.

Can you get a DUII for psilocybin in Oregon?

Yes. ORS 801.321 names psilocybin as an intoxicant, and driving under the influence of an intoxicant is DUII, a Class A misdemeanor, or a Class C felony after three prior DUII convictions within 10 years (ORS 813.010(4), (5)).