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

Magic mushrooms are illegal in Virginia: psilocybin and psilocyn are Schedule I controlled substances under Va. Code 54.1-3446, and possessing them is a Class 5 felony under Va. Code 18.2-250(A)(a). Two 2026 acts tell the Board of Pharmacy to reschedule an FDA-approved, clinician-administered psilocybin medicine once federal rules change, but no such medicine is approved, so they change nothing today. 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 Virginia state law on psilocybin: the Schedule I listing (Va. Code 54.1-3446), the possession, distribution, minor-distribution and school-area offenses (18.2-250, 18.2-248, 18.2-255, 18.2-255.2), first-offender deferral (18.2-251), overdose-reporting immunity (18.2-251.03), research registration (54.1-3423), the Board of Pharmacy's scheduling power (54.1-3443) and 2026 Uncodified Acts Chapters 305 and 306, with one paragraph on federal law. It does not cover city or county measures, employer or school policies, military rules or other states' laws.

Are magic mushrooms legal in Virginia?

No. Virginia's Schedule I lists psilocybin and psilocyn among its hallucinogenic substances. The listing covers:

"any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of its salts, isomers, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation"

The schedule names the two compounds, psilocybin and psilocyn. It has no separate entry for mushrooms or mushroom spores by name; its reach turns on "any material" that "contains any quantity" of the listed compounds.

Penalties for psilocybin possession

Simple possession. Va. Code 18.2-250(A)(a) provides that a person who violates the section "with respect to any controlled substance classified in Schedule I or II of the Drug Control Act shall be guilty of a Class 5 felony." Section 18.2-10(e) sets the range for a Class 5 felony:

"For Class 5 felonies, a term of imprisonment of not less than one year nor more than 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both."

Sections 18.2-248 and 18.2-250 set no weight-based tier for psilocybin. The possession class is the same whatever the amount.

First-offender deferral. Under Va. Code 18.2-251, when a person with no prior drug conviction under Virginia, federal or any state's law (a misdemeanor marijuana possession conviction excepted) and no earlier dismissal under this section pleads to, or is found to have committed, possession under 18.2-250, the court "without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions." For a felony those terms include at least 100 hours of community service. On successful completion, discharge and dismissal is "without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings." The statute says "may," so the court decides.

Overdose reporting. Va. Code 18.2-251.03(B) provides that "No individual shall be subject to arrest or prosecution" for possession under 18.2-250 if, in good faith, the person seeks or obtains emergency medical attention for their own overdose or another person's, remains at the scene, identifies themselves to the responding officer, and the evidence for the prosecution was obtained as a result of seeking that help. All four conditions in the statute must be met. The protection also covers a person who is overdosing when someone else calls for help, and a person giving emergency care while another person calls. It does not apply when help is sought during the execution of a search warrant or during a lawful search or arrest (18.2-251.03(D)).

Penalties for selling, sharing or making psilocybin

Va. Code 18.2-248(A) makes it unlawful, except as the Drug Control Act authorizes, "to manufacture, sell, give, distribute, or possess with intent to manufacture, sell, give or distribute a controlled substance." Sharing for free counts: the statute covers giving as well as selling.

Accommodation. Subsection D of 18.2-248 applies only if the person "proves that he gave, distributed or possessed with intent to give or distribute a controlled substance classified in Schedule I or II only as an accommodation to another individual," and "not with intent to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance." The burden is on the accused.

Location enhancement. Under 18.2-255.2(B), a violation "shall constitute a separate and distinct felony," punished by 1 to 5 years and a fine of up to $100,000. A second or subsequent conviction for an offense involving a Schedule I, II or III substance carries "a mandatory minimum term of imprisonment of one year to be served consecutively with any other sentence." If the person proves the sale was only an accommodation, not for profit and not to induce use, the offense is a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500, either or both (18.2-11(a)).

Growing. Section 18.2-248(A) reaches anyone who would "manufacture" a controlled substance. Sections 18.2-248 and 18.2-250 contain no separate clause on growing mushrooms. The Drug Control Act defines "manufacture" to include "the production, preparation, propagation" of a controlled substance, and defines "production" to include "planting, cultivation, growing, or harvesting" (Va. Code 54.1-3401). Mushrooms that contain psilocybin are also material containing a Schedule I substance, so possessing them falls under 18.2-250.

Virginia's 2026 psilocybin acts

The 2026 General Assembly passed two identical uncodified acts, Chapter 305 (House Bill 1347) and Chapter 306 (Senate Bill 379), approved April 6, 2026 and in effect since July 1, 2026, titled "An Act to direct the Board of Pharmacy to reschedule psilocybin upon federal scheduling changes." Section 1 provides:

"Upon approval by the U.S. Food and Drug Administration (FDA) of a formulation of psilocybin designed to be administered by a health care professional in a health care setting, the Board of Pharmacy shall reschedule such formulation of psilocybin consistent with federal scheduling changes and procedures contained in subsection E of § 54.1-3443 of the Code of Virginia at its next quarterly meeting following the expiration of 30 days from publication in the Federal Register of a final or interim final order or rule designating any formulation of psilocybin that has been approved by the FDA as a controlled substance."

What the acts do not do matters as much. They do not remove psilocybin from Schedule I, decriminalize possession or create a therapy program. They apply only to an FDA-approved formulation designed to be given by a health care professional in a health care setting, and only after a federal scheduling order. As of October 2026, no psilocybin drug product has FDA approval, so the trigger has not occurred. The acts are uncodified, so they do not appear in the Code of Virginia's numbered sections.

The acts build on the Board's general power in Va. Code 54.1-3443(E): when a substance is designated, rescheduled or descheduled under federal law and notice is given, the Board "may similarly control the substance under this chapter after the expiration of 30 days from publication in the Federal Register of a final or interim final order or rule." For an approved psilocybin formulation, Chapters 305 and 306 turn that "may" into "shall."

Research with psilocybin

Virginia has no state research panel for Schedule I substances. Under Va. Code 54.1-3423(C), "Practitioners registered under federal law to conduct research with Schedule I substances, other than marijuana, may conduct research with Schedule I controlled substances within the Commonwealth upon furnishing the evidence of that federal registration." The route depends on federal DEA registration.

Federal psilocybin law

Psilocybin and psilocyn are also Schedule I under federal law (21 CFR 1308.11(d)), which reaches any material, compound, mixture or preparation containing 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 to give national priority vouchers to psychedelic drugs with Breakthrough Therapy designation and the Attorney General to review rescheduling of Schedule I products that complete Phase 3 trials; it does not reschedule psilocybin. Our psilocybin mushroom laws by state hub covers the federal layer in more detail.

Driving and criminal records

Va. Code 18.2-266(iii) prohibits driving under the influence of "any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature" to a degree that impairs the ability to drive safely. The statute's per se blood-level clause, 18.2-266(v), lists only cocaine, methamphetamine, phencyclidine and MDMA; psilocybin is not on that list. See our guide to Virginia DUI laws. A felony conviction for possession or distribution creates a criminal record, and whether it can later be sealed is covered in our guide to Virginia expungement laws.

Related

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

This article provides general legal information about Virginia state law as of October 11, 2026. It is not legal advice. Several of the drug statutes cited here have new versions taking effect July 1, 2027. For advice about a specific situation, contact a lawyer licensed in Virginia.

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in Virginia?

No. Psilocybin and psilocyn are Schedule I substances under Va. Code 54.1-3446, and possessing a Schedule I substance is a Class 5 felony under Va. Code 18.2-250(A)(a).

What is the penalty for possession of mushrooms in Virginia?

Possession of psilocybin is a Class 5 felony: 1 to 10 years in prison or, at the jury's or court's discretion, up to 12 months in jail and a fine of up to $2,500, either or both (Va. Code 18.2-250(A)(a) and 18.2-10(e)).

What is the penalty for selling psilocybin in Virginia?

Under Va. Code 18.2-248(C), a first conviction for manufacturing, selling, giving or distributing a Schedule I substance, or possessing it with intent to do so, carries 5 to 40 years and a fine of up to $500,000. Proving the transfer was only a not-for-profit accommodation reduces it to a Class 5 felony under 18.2-248(D).

Has Virginia decriminalized psilocybin?

No. Psilocybin remains in Schedule I (Va. Code 54.1-3446), and no Virginia statute decriminalizes it or creates a psilocybin therapy program.

What did Virginia's 2026 psilocybin law do?

2026 Uncodified Acts Chapters 305 and 306 direct the Board of Pharmacy to reschedule a psilocybin formulation designed to be administered by a health care professional in a health care setting, once the FDA approves it and a federal scheduling order is published. No such formulation is approved, so the acts have no effect yet.

Can a first-time possession charge be dismissed in Virginia?

Possibly. Va. Code 18.2-251 lets a court, with the accused's consent, defer proceedings and place a first offender on probation; on completion the court dismisses the charge without an adjudication of guilt. The court decides whether to allow it.