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

Magic mushrooms are not legal in Texas. Their active compounds, psilocybin and psilocin, are Penalty Group 2 controlled substances under Texas Health and Safety Code 481.103, and possessing any amount is a felony under Section 481.116, from a state jail felony under one gram to a first-degree felony at 400 grams or more. Texas has no decriminalization law or psilocybin therapy program; its only psychedelic laws are research measures. 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 Texas state law: the Texas Controlled Substances Act (Health and Safety Code Chapter 481, Sections 481.002, 481.103, 481.113, 481.116 and 481.134), the Penal Code punishment ranges (Sections 12.32 to 12.35), H.B. 1802 (2021), S.B. 2308 (2025) and Section 161.0876, with one paragraph on federal law. It does not cover city or county measures, federal enforcement practice, or other states' laws.

Are magic mushrooms legal in Texas?

No. Texas lists psilocybin and psilocin by name in Penalty Group 2 of the Texas Controlled Substances Act. Section 481.103(a)(5) covers "any compound structurally derived from tryptamine (3-(2-aminoethyl)indole) or a ring-hydroxy tryptamine," and its examples include "Psilocin; and Psilocybin."

The Texas possession and delivery offenses are keyed to the penalty group a substance is listed in. For Penalty Group 2, possession and delivery are both felonies at every weight. Section 481.116 has no misdemeanor tier for these substances.

The Texas listing names compounds, not organisms. Section 481.103 does not use the word mushroom or the word spore. The weight that sets the offense level is broad, though: Section 481.002(5) defines a controlled substance to include "the aggregate weight of any mixture, solution, or other substance containing a controlled substance," and Section 481.002(49) defines an adulterant or dilutant as "any material that increases the bulk or quantity of a controlled substance." This page does not state how Texas courts have applied those definitions to whole mushrooms, or whether any other Texas provision reaches spores.

Possession of psilocybin in Texas: penalties by weight

Section 481.116(a) makes it an offense if a person "knowingly or intentionally possesses a controlled substance listed in Penalty Group 2, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice." The offense level then depends on the amount, measured "by aggregate weight, including adulterants or dilutants."

The state jail felony range in Penal Code 12.35(a) applies "except as provided by Subsection (c)," which sets higher punishment in certain cases. The ranges above are the written statutory ranges; they do not describe how often courts impose them.

Section 481.116(f) provides a defense to the under-one-gram possession offense for a person who was the first to request emergency medical help for someone else's possible overdose, stayed on the scene and cooperated, or who was the victim of the possible overdose. Subsection (g) makes the defense unavailable in listed situations, including a prior conviction or deferred adjudication for an offense under Health and Safety Code Chapter 481, 483 or 485, or a request for emergency help in the previous 18 months.

The legislature last amended Section 481.116 in H.B. 6 (2023), effective September 1, 2023. Section 481.103 was last amended in 2017.

Selling or delivering psilocybin in Texas

Section 481.113(a) makes it an offense if a person "knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 2 or 2-A." The levels step up faster than for simple possession.

H.B. 6 (2023) also amended Section 481.113, effective September 1, 2023.

Drug-free zones

Section 481.134 increases these penalties near schools and similar places. Possession or delivery of less than one gram becomes a third-degree felony if committed within 1,000 feet of property owned, rented or leased to a school or school board, a youth center or a playground, or on a school bus (481.134(d)). For possession or delivery of one gram or more, the minimum term rises by five years and the maximum fine doubles if the offense was committed within 1,000 feet of a school, a youth center or a playground, or on a school bus (481.134(c)). Delivery offenses punishable as a state jail, third-degree or second-degree felony move up one degree if committed within 1,000 feet of a college or university, a youth center or a playground, or within 300 feet of a public swimming pool or video arcade (481.134(b)). The section also covers premises near certain residential treatment centers.

Does Texas have a psilocybin therapy or decriminalization law?

No. Texas has no statewide psilocybin decriminalization, no psilocybin therapy program, and no 2025 or 2026 act that lowers the psilocybin penalties. The Penalty Group 2 listing and the felony ranges above apply statewide.

Texas has passed two psychedelic research laws, and neither makes psilocybin lawful to possess.

H.B. 1802 (2021): veterans PTSD study. H.B. 1802 directed the Health and Human Services Commission, "in collaboration with Baylor College of Medicine and in partnership with a military veterans hospital or a medical center that provides medical care to veterans," to "conduct a study on the efficacy of using alternative therapies, including the use of 3,4-methylenedioxymethamphetamine (MDMA), psilocybin, and ketamine, in the treatment of veterans who suffer from post-traumatic stress disorder." It was an uncodified study law, not an amendment to Chapter 481, and by its own terms "This Act expires September 1, 2025."

S.B. 2308 (2025): ibogaine consortium. S.B. 2308 added Chapter 491, Ibogaine Treatment, to the Health and Safety Code. Under Section 491.051, a consortium may apply for commission selection "to conduct drug development clinical trials with ibogaine and secure the United States Food and Drug Administration's approval of ibogaine as a medication" for opioid use disorder, co-occurring substance use disorder, and other neurological or mental health conditions for which ibogaine demonstrates efficacy. The chapter concerns ibogaine only; it does not mention psilocybin. The bill history shows it took effect immediately, with a last action on June 11, 2025.

H.B. 4014 (2025): not enacted. H.B. 4014, a bill for a state study on the use of psychedelic therapies in the treatment of certain conditions, passed the House, was referred to the Senate Health and Human Services Committee on May 19, 2025, and did not become law.

Local measures in Texas

This page does not cover city or county psilocybin measures. Whatever a local resolution says about police priorities, state law still applies: the Texas Controlled Substances Act and its felony penalties remain in force everywhere in Texas.

Mushroom vapes and e-cigarette products

A separate Texas statute covers vaporized products. Section 161.0876(b) makes it an offense to market, advertise, sell, offer for sale or cause to be sold an e-cigarette product "(4) that contains, is mixed with, or is marketed as containing or being mixed with any cannabinoids, alcohol, kratom, kava, mushrooms, tianeptine, or any derivatives of those substances." Under subsection (c), that offense is a Class A misdemeanor. S.B. 2024 (2025) added the mushrooms provision to Section 161.0876 and made the offense a Class A misdemeanor, effective September 1, 2025; before that, the section covered only nicotine products and the offense was a Class B misdemeanor. Texas regulates kratom very differently; see Texas kratom laws.

Federal psilocybin status

Federal law is a separate layer. Psilocybin and psilocyn are federal Schedule I substances (21 CFR 1308.11(d)(29)-(30), eCFR version of October 6, 2026), a listing that reaches "any material, compound, mixture, or preparation, which contains any quantity" of them, and simple possession of a controlled substance is a federal misdemeanor punishable by up to one year and a minimum $1,000 fine under 21 U.S.C. 844(a). Executive Order 14401 (April 18, 2026) directs federal agencies to build a Right to Try pathway and to review rescheduling of Schedule I products that complete Phase 3 trials, but it does not reschedule psilocybin.

Texas has a standing rule for following federal changes. Under Health and Safety Code 481.034(g), if a substance is rescheduled or deleted under federal law, the DSHS commissioner "similarly shall designate, reschedule, or delete the substance" in the Texas schedules after a 30-day period beginning on the day after the final federal order is published, unless the commissioner objects during that period. Section 481.034(c)(3) separately says the commissioner may not “reschedule a substance if the substance has been placed in a schedule by the legislature,” and no court decision cited here says how that limit and subsection (g) apply to a federal rescheduling of psilocybin. Any such change would be to the Texas schedules, not the Penalty Group 2 listing that the Legislature wrote into Section 481.103; the possession offense in Section 481.116(a) already excludes a substance obtained directly from or under a valid prescription or order of a practitioner. No federal rescheduling of psilocybin has occurred. The psilocybin mushroom laws by state hub covers the federal layer in full.

Driving and criminal records

Texas defines "intoxicated" to include not having the normal use of mental or physical faculties because of "alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body" (Penal Code 49.01(2)(A)), so the intoxication offenses reach controlled substances such as psilocybin. See Texas DWI laws for those offenses and penalties.

A psilocybin possession or delivery charge is a felony charge, and a conviction leaves a criminal record. Whether an arrest or conviction can later be cleared is covered in Texas expunction and record sealing laws.

Related

• Psilocybin mushroom laws by state
• Is kratom legal in Texas?
• Texas DWI laws
• Texas expunction and record sealing laws

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

Last updated: 2026-10-12.

Frequently Asked Questions

Are magic mushrooms legal in Texas?

No. Psilocybin and psilocin are Penalty Group 2 controlled substances under Texas Health and Safety Code 481.103, and possessing any amount is a felony under Section 481.116, starting as a state jail felony under one gram.

Is possession of psilocybin a felony in Texas?

Yes. Section 481.116 makes possession of a Penalty Group 2 substance a state jail felony under one gram, a third-degree felony from one to under four grams, a second-degree felony from four to under 400 grams and a first-degree felony at 400 grams or more.

What is the punishment for a state jail felony in Texas?

Penal Code 12.35 sets confinement in a state jail for 180 days to two years and allows a fine of up to $10,000, except as Subsection (c) provides.

What is the penalty for selling psilocybin in Texas?

Under Section 481.113, manufacturing, delivering or possessing with intent to deliver a Penalty Group 2 substance ranges from a state jail felony under one gram to a first-degree felony punishable by life or 10 to 99 years and a fine up to $100,000 at 400 grams or more.

Does Texas have a psilocybin therapy program?

No. Texas law has no psilocybin therapy or decriminalization program. H.B. 1802 (2021) directed a state study of alternative therapies, including psilocybin, for veterans with PTSD, and that Act expired September 1, 2025.

Did Texas legalize psychedelics in 2025?

No. S.B. 2308 (2025) created Chapter 491, which lets the state select a consortium to run FDA drug-development clinical trials of ibogaine. It does not mention psilocybin and does not change the criminal penalties in Chapter 481. H.B. 4014 (2025), a bill for a state study of psychedelic therapies, passed the House but was last referred to a Senate committee on May 19, 2025 and did not become law.

Are psilocybin mushrooms federally illegal?

Yes. Psilocybin and psilocyn are listed in federal Schedule I at 21 CFR 1308.11(d)(29)-(30), and simple possession of a controlled substance is a federal misdemeanor under 21 U.S.C. 844(a).