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

No, psilocybin is not legal in South Carolina. Psilocybin and psilocyn are listed by name in Schedule I of the South Carolina Controlled Substances Act (S.C. Code 44-53-190(D)), so possessing them is a misdemeanor and manufacturing, distributing or possessing them with intent to distribute is a felony under S.C. Code 44-53-370. South Carolina has no psilocybin therapy program, decriminalization law or FDA trigger law that changes this for anyone. 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 South Carolina state law on psilocybin and psilocyn: the Schedule I listing in S.C. Code 44-53-190, the definitions in 44-53-110, the possession and distribution penalties in 44-53-370, the school and park zone offense in 44-53-445, the federal-adoption (44-53-160(C), as amended by Act No. 146 of 2026), research and overdose-immunity provisions of Chapter 53 of Title 44, the pending bill S.1039, and one paragraph on federal law. It does not cover city or county rules, religious-use claims, employer drug-testing policies, military rules or other states' laws.

Are magic mushrooms legal in South Carolina?

No. Section 44-53-190 lists psilocybin and psilocyn among the hallucinogenic substances in Schedule I:

"(D) 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, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: ... 16. Psilocybin 17. Psilocyn"

The entry reaches any material that "contains any quantity" of either compound and sets no weight threshold. The history line of 44-53-190 ends with "2023 Act No. 72 (H.3503), SECTION 1, eff June 15, 2023."

Mushrooms and spores

South Carolina's schedule names the compounds, not the fungus. Schedule I does not use the words "mushroom" or "spore." The listing turns on whether a material contains psilocybin or psilocyn. This page states no rule on spores.

Psilocybin possession penalties in South Carolina

Section 44-53-370(c) makes possession unlawful:

"(c) It shall be unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this article."

Psilocybin falls under the general possession tier in 44-53-370(d)(2), which covers Schedule I through V substances other than the drugs the subsection lists separately:

"(2) any other controlled substance classified in Schedules I through V is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than six months or fined not more than one thousand dollars, or both. For a second or subsequent offense, the offender is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than two thousand dollars, or both, except as provided in subsection (d)(4)."

Simple possession of psilocybin is therefore a misdemeanor, including on a second or later offense. The tier is graded by prior offenses, not by weight.

Section 44-53-370(d)(5) provides that a person who possesses more than listed quantities of certain drugs "is prima facie guilty of violation of subsection (a)," the distribution offense. That list names drugs such as cocaine, marijuana, hashish, LSD, MDMA and GHB; it does not name psilocybin or psilocyn.

Penalties for selling or making psilocybin

Section 44-53-370(a)(1) makes it unlawful for any person, except as authorized:

"(1) to manufacture, distribute, dispense, deliver, purchase, aid, abet, attempt, or conspire to manufacture, distribute, dispense, deliver, or purchase, or possess with the intent to manufacture, distribute, dispense, deliver, or purchase a controlled substance or a controlled substance analogue;"

For psilocybin, the penalty comes from 44-53-370(b)(2), which covers "any other controlled substance classified in Schedule I, II, or III." The higher tier in (b)(1), up to fifteen years or $25,000 for a first offense, applies only to a Schedule I (B) or (C) substance "which is a narcotic drug or lysergic acid diethylamide (LSD)" and Schedule II narcotics. Psilocybin is in Schedule I (D), the hallucinogens.

These tiers turn on prior offenses, not on weight. Section 44-53-370(e) sets weight-based trafficking offenses for nine named drug groups: marijuana, cocaine, morphine, opium and heroin, methaqualone, LSD, flunitrazepam, GHB, MDMA and fentanyl. Psilocybin and psilocyn are not among them, and the weight-based trafficking offenses in 44-53-375 cover methamphetamine, cocaine base and ephedrine-type precursors. South Carolina therefore has no trafficking-by-weight offense for psilocybin; large amounts are charged under 44-53-370(a)(1) at the (b)(2) penalties above.

For a third or later offense under (b)(2), the sentence "must not be suspended nor probation granted" unless every prior offense was simple possession. Under 44-53-470, a prior drug conviction other than marijuana makes a new charge a second offense if it came within the previous ten years; an earlier second-or-later conviction, or any trafficking conviction, counts regardless of age.

Growing mushrooms counts as manufacture

Section 44-53-110 defines the term the manufacture offense uses:

"(25) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance by an individual for his own use ..."

The definition includes "production" and "propagation." Its own-use exception covers only "the preparation or compounding" of a controlled substance by an individual for his own use, and does not mention production or propagation. On the text, then, growing mushrooms that contain psilocybin falls within the manufacture offense. Possessing the mushrooms is also knowing possession under 44-53-370(c).

Sales near schools and parks

Section 44-53-445(A) creates a separate offense:

"(A) It is a separate criminal offense for a person to distribute, sell, purchase, manufacture, or to unlawfully possess with intent to distribute, a controlled substance while in, on, or within a one-half mile radius of the grounds of a public or private elementary, middle, or secondary school; a public playground or park; a public vocational or trade school or technical educational center; or a public or private college or university."

A violation is a felony with a fine of up to $10,000, up to ten years in prison, or both, under 44-53-445(D)(1). When the violation "involves only the purchase of a controlled substance," it is a misdemeanor with a fine of up to $1,000, up to one year, or both, under (D)(2). The section lists distribution, sale, purchase, manufacture and possession with intent to distribute; simple possession is not on that list. A conviction requires that the person knew he was within the half-mile radius and actually committed the offense there (44-53-445(B)).

Overdose immunity

South Carolina protects people who call for help in an overdose. Under 44-53-1920(A), a person who seeks medical assistance for someone who appears to be experiencing a drug or alcohol-related overdose "may not be prosecuted" for the listed offenses, including "possessing a controlled substance in violation of Section 44-53-370(c)," if the evidence came from seeking that help and the person:

"(1) acted in good faith when seeking medical assistance, upon a reasonable belief that he was the first person to call for assistance; (2) provided his own name to the 911 system or to a law enforcement officer upon arrival; and (3) did not seek medical assistance during the course of the execution of an arrest warrant, search warrant, or other lawful search."

Section 44-53-1930 gives the person experiencing the overdose a parallel protection. Because psilocybin possession is charged under 44-53-370(c), it is within the possession offense these sections list.

Programs, research and reform in South Carolina

South Carolina's Controlled Substances Act contains no psilocybin therapy program, no decriminalization provision and no trigger law tied to FDA approval of a psilocybin drug. Psilocybin and psilocyn remain on the statutory Schedule I list.

The Act's research route is general. Section 44-53-290(h) provides: "The Department may authorize the possession and distribution of controlled substances by persons engaged in research. Persons who obtain this authorization are exempt from State prosecution for possession and distribution of controlled substances to the extent of the authorization." Practitioners who want to research Schedule I substances "shall first obtain a separate researcher registration from the Department." That route covers authorized researchers; it does not change the possession and sale offenses for anyone else. The therapeutic research program in 44-53-630 covers marijuana, not psilocybin.

S.1039: a tryptamine bill

S.1039 (2026), with a similar House bill, H.5397, is described on the legislature's bill page as "A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-53-190, RELATING TO SCHEDULE I SUBSTANCES, SO AS TO ADD SUBSTITUTED TRYPTAMINES TO THE LIST OF SCHEDULE I SUBSTANCES." The page shows it referred to the Senate Committee on Medical Affairs, with no later action. It is a bill, not law. Its text keeps psilocybin and psilocyn on the Schedule I list.

How South Carolina follows federal scheduling

Under S.C. Code 44-53-160(C), as amended by Act No. 146 of 2026 (approved May 15, 2026 and effective on approval), when a substance is added, deleted or rescheduled under federal law, "the Director of the Department of Public Health shall within thirty days after publication in the federal register of the final order designating the substance as a controlled substance or rescheduling or deleting the substance, add, delete, or reschedule the substance in the appropriate schedule." The change "has the full force of law unless overturned by the General Assembly" and "must be in substance identical with the order published in the federal register effecting the change in federal status of the substance," and under 44-53-160(E) it is not subject to the regular rulemaking requirements of Chapter 23, Title 1. The change requires an act by the department; it is not automatic. The online code page had not yet been updated for Act No. 146 of 2026 and still prints the earlier text of 44-53-160(C), so the act is the source for the wording quoted here.

Federal psilocybin law

Federal law lists psilocybin and psilocyn in Schedule I (21 CFR 1308.11(d), eCFR version of October 6, 2026), reaching any material, compound, mixture or preparation that contains any quantity of them, and simple possession of a controlled substance is a federal misdemeanor under 21 U.S.C. 844(a), with up to 1 year of imprisonment and a minimum $1,000 fine for a first offense. No DEA or HHS proposal to move psilocybin out of Schedule I has appeared in the Federal Register as of October 11, 2026, and no psilocybin drug is FDA-approved. Executive Order 14401 (April 18, 2026) directs FDA to give national priority vouchers to psychedelic drugs with Breakthrough Therapy designation, directs FDA and DEA to establish a Right to Try pathway, and directs the Attorney General to review rescheduling of Schedule I products that complete Phase 3 trials, but it does not reschedule psilocybin. FDA has granted Breakthrough Therapy designations and, in April 2026, national priority vouchers to psilocybin development programs, and says neither is a determination of safety or effectiveness. Federal law still lists psilocybin in Schedule I in every state, South Carolina included. Our psilocybin mushroom laws by state hub covers the federal layer in more detail.

Driving and criminal records

Driving while impaired by psilocybin is driving under the influence: S.C. Code 56-5-2930(A) makes it unlawful to drive "under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired," alone or combined with alcohol. South Carolina's per se offense (56-5-2933) is set by alcohol concentration only, and the state has no per se rule for any amount of a drug or metabolite, so a drug-based DUI charge turns on proof of impairment. A possession charge can be brought alongside it. Penalties are covered in our guide to South Carolina DUI laws. A psilocybin possession conviction is a misdemeanor record and a manufacture or distribution conviction is a felony record; whether either can later be cleared is covered in our guide to South Carolina expungement laws. For a first possession offense by a person with no prior drug conviction of the kinds it lists, S.C. Code 44-53-450 lets the court, with the defendant's consent, defer proceedings and place the person on probation without entering a judgment of guilt; if the terms are completed, the charge is dismissed and the person may apply for expungement. This is available once per person and carries a fee.

Related

• Psilocybin mushroom laws by state
• South Carolina DUI laws
• South Carolina expungement laws
• South Carolina kratom laws

This article provides general legal information about South Carolina state law as of October 11, 2026. It is not legal advice. South Carolina code quotations come from the official code pages of the South Carolina Legislative Services Agency. For advice about a specific situation, contact a lawyer licensed in South Carolina.

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in South Carolina?

No. S.C. Code 44-53-190(D) lists psilocybin and psilocyn in Schedule I, covering any material that contains any quantity of them. Possession is a misdemeanor and manufacture, distribution or possession with intent is a felony under 44-53-370.

Is psilocybin possession a felony in South Carolina?

No. Under S.C. Code 44-53-370(d)(2), simple possession is a misdemeanor punishable by up to six months, a fine of up to $1,000, or both for a first offense, and up to one year, a fine of up to $2,000, or both for a later offense.

What is the penalty for selling psilocybin in South Carolina?

Manufacturing, distributing, delivering or purchasing psilocybin, or possessing it with intent to do so, is a felony under 44-53-370(b)(2): up to 5 years or $5,000 for a first offense, up to 10 years or $10,000 for a second, and 5 to 20 years or up to $20,000 for a third. A sale within a half mile of a school or park is a separate felony under 44-53-445.

Is growing psilocybin mushrooms illegal in South Carolina?

S.C. Code 44-53-110 defines manufacture to include the production and propagation of a controlled substance, so growing mushrooms that contain psilocybin falls within the manufacture offense in 44-53-370(a)(1) on the face of the definition (the definition's own-use exception covers preparation or compounding, not production or propagation).

Are psilocybin mushroom spores legal in South Carolina?

South Carolina's Schedule I names the compounds psilocybin and psilocyn and does not use the words mushroom or spore. This page states no rule on spores; for a specific situation, contact a lawyer licensed in South Carolina.

Has South Carolina decriminalized psilocybin?

No. The South Carolina Controlled Substances Act contains no psilocybin decriminalization, therapy program or FDA trigger provision, and psilocybin and psilocyn remain in Schedule I under 44-53-190(D).

Does South Carolina's overdose immunity law cover psilocybin possession?

S.C. Code 44-53-1920 bars prosecution for possession under 44-53-370(c) of a person who, in good faith, seeks medical help for someone else's apparent overdose, gives their own name and is not calling during the execution of a warrant or search, when the evidence came from seeking that help. Section 44-53-1930 protects the person experiencing the overdose.