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

Magic mushrooms are illegal in West Virginia: psilocybin and psilocyn are Schedule I controlled substances under W. Va. Code 60A-2-204(d), possessing them without a prescription is a misdemeanor under 60A-4-401(c), and manufacturing or delivering them is a felony. A 2026 law, Senate Bill 906, lets a psilocybin drug be prescribed once the FDA approves it and the DEA reschedules it, but no state program or decriminalization law changes the rules for anyone 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 West Virginia state law on psilocybin: the Schedule I listing (W. Va. Code 60A-2-204(d)), the possession and manufacture or delivery offenses (60A-4-401), transportation into the state (60A-4-409), repeat-offense and parole-eligibility provisions (60A-4-408, 60A-4-406), conditional discharge (60A-4-407), overdose-reporting immunity (16-47-4), research registration (60A-3-302), the 2026 FDA-approval trigger (60A-2-201(g)) and the Board of Pharmacy's role in following federal scheduling, 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 West Virginia?

No. West Virginia's Schedule I lists psilocybin and psilocyn among its hallucinogenic substances. The entry, as amended in 2026, reads in part:

"(d) Hallucinogenic substances. ... Psilocybin; except as provided for in §60A-2-201(g) of this code; Psilocyn;"

Schedule I consists of "the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section" (60A-2-204(a)). The psilocybin entry names the compounds. Unlike the Schedule I entry for peyote, which covers all parts of the plant, it does not mention mushrooms, and no West Virginia statute names psilocybin mushrooms or their spores. The exception in the entry points to the 2026 FDA-approval trigger described below, which applies only to an approved and federally rescheduled drug.

What is the penalty for possessing psilocybin in West Virginia?

Simple possession is a misdemeanor. Section 60A-4-401(c) provides:

"(c) It is 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 or her professional practice, or except as otherwise authorized by this act. Any person who violates this subsection is guilty of a misdemeanor, and disposition may be made under §60A-4-407 of this code, subject to the limitations specified in said section, or upon conviction thereof, the person may be confined in jail not less than 90 days nor more than six months, or fined not more than $1,000, or both fined and confined"

The sentence continues with provisos. Section 60A-4-401 sets no weight tiers for psilocybin possession.

Conditional discharge. Under 60A-4-407(a), a person who "has not previously been convicted of any offense under this chapter or under any statute of the United States or of any state relating to narcotic drugs, marihuana, or stimulant, depressant, or hallucinogenic drugs" and who pleads guilty to or is found guilty of possession under 401(c) may be placed on probation by the court, "without entering a judgment of guilt and with the consent of the accused." On completion, the proceedings are dismissed without an adjudication of guilt, and the person may later apply to expunge the record. Our guide to West Virginia expungement laws explains record relief in the state.

Overdose-reporting immunity. Under W. Va. Code 16-47-4, a person who in good faith and in a timely manner seeks emergency medical assistance for someone who reasonably appears to be overdosing may not be held criminally responsible for simple possession under 60A-4-401(c). The immunity applies only if the person stays with the individual until help arrives, identifies himself or herself when asked by emergency personnel or officers, and cooperates by providing the information they need to treat the individual (16-47-4(c)).

Is selling or growing psilocybin a felony in West Virginia?

Yes. Section 60A-4-401(a) makes it unlawful to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance. The penalty depends on the substance. Subdivision (i) covers Schedule I or II narcotic drugs and methamphetamine; psilocybin falls under subdivision (ii):

"(ii) Any other controlled substance classified in Schedule I, II, or III is guilty of a felony and, upon conviction thereof, may be imprisoned in a state correctional facility for not less than one year nor more than five years, or fined not more than $15,000, or both fined and imprisoned;"

There are no weight tiers in this felony either.

Bringing psilocybin into the state. A separate felony, W. Va. Code 60A-4-409, covers transporting a controlled substance into West Virginia with intent to deliver or manufacture it. For a Schedule I substance that is not a narcotic drug, such as psilocybin, the range is 1 to 10 years, a fine of up to $15,000, or both (60A-4-409(b)(2)).

Cultivation. West Virginia's Uniform Controlled Substances Act defines "production" broadly: "'Production' includes the manufacture, planting, cultivation, growing or harvesting of a controlled substance" (60A-1-101(z)). The Act's definition of "manufacture" in turn includes production, so growing a Schedule I substance falls within the manufacture felony in 60A-4-401(a). No section of the Code deals specifically with mushrooms or spores.

Repeat offenses. Under 60A-4-408(a), a person convicted of a second or subsequent offense under the Act "may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both." Subsection (c) adds: "This section does not apply to offenses under section 401(c)." The doubling therefore reaches the felony offenses, not simple possession.

Schools, libraries and minors. Section 60A-4-406(b) makes a person sentenced to the custody of the Commissioner of Corrections and Rehabilitation for a felony distribution under 60A-4-401(a)(ii) ineligible for parole for two years if the person:

• was 21 or older and distributed to a person under 18;
• was 18 or older and the distribution occurred in, on, or within 1,000 feet of a public or private elementary, vocational or secondary school or a public or private college, junior college or university in the state; or
• was 18 or older and the distribution occurred in, on, or within 200 feet of a public library in the state.

This is a period of parole ineligibility, not a separate offense. Under 60A-4-406(c), the fact that triggers it must be clearly stated in the indictment or presentment and found by the court on a guilty or no-contest plea or by the jury on a special interrogatory.

Does West Virginia have a psilocybin therapy or research program?

No state therapy program exists, and no West Virginia statute decriminalizes psilocybin.

The 2026 FDA-approval trigger. Senate Bill 906 (Chapter 249, Acts 2026; approved by the Governor March 27, 2026; effective June 12, 2026) added subsection (g) to W. Va. Code 60A-2-201:

"(g) Notwithstanding §60A-2-204(d) of this code, if a drug that contains, an organic psilocybin substance or the pharmaceutical composition of crystalline polymorph psilocybin, is approved by the United States Food and Drug Administration and rescheduled by the United States Drug Enforcement Administration it shall be lawful to prescribe, distribute, and market based upon the recommendations of the United States Food and Drug Administration."

The trigger has two conditions, FDA approval and DEA rescheduling, and reaches only a drug that meets both. It is not a research authorization and does not make mushrooms or any unapproved psilocybin product lawful. As of October 2026, no psilocybin drug has FDA approval and no federal rescheduling of psilocybin has been proposed, so the trigger has not operated. The Senate Bill 906 bill status page holds the history and enrolled text.

Research registration. Separately, 60A-3-302(b) lets persons registered by the Board of Pharmacy or the appropriate agency to conduct research with controlled substances "possess, manufacture, distribute, dispense, or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of this article."

Bills that did not become law. House Bill 5588, the Therapeutic Psilocybin Act, would have set up "a regulated framework for the medical use of psilocybin to treat post-traumatic stress disorder (PTSD)," with licensed psilocybin production establishments; it was referred to the House Health and Human Resources Committee and stayed there. House Bill 5146 would have removed psilocybin, marihuana and tetrahydrocannabinols from Schedule I; it was referred to the House Health and Human Resources Committee and stayed there. House Bills 4640 and 4721 on crystalline polymorph psilocybin did not pass; Senate Bill 906 was the enacted measure. House Bill 4626, a grant program to fund FDA drug-development trials with ibogaine (a different substance), passed both houses but was vetoed by the Governor on April 1, 2026. The 2026 regular session ended March 14, 2026, so none of these bills is law.

Does federal scheduling change West Virginia's schedules?

Not automatically. Under 60A-2-201(d), when a substance "is designated, rescheduled, or deleted as a controlled substance under federal laws and notice thereof is given to the Board of Pharmacy, the board shall recommend similar control of such substance to the Legislature." Between sessions, the Board may act on an emergency basis only "based upon the recommendations and approval of the federal food, drug and cosmetic agency" (60A-2-201(a)). For psilocybin, the Legislature has already written its own conditional rule into subsection (g).

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, which contains any quantity" of the listed hallucinogens. 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

West Virginia's DUI statute defines an "impaired state" to include a person who "(B) Is under the influence of any controlled substance; (C) Is under the influence of any other drug or inhalant substance" (W. Va. Code 17C-5-2(a)(1)). Psilocybin, as a controlled substance, falls under clause (B). See our guide to West Virginia DUI laws.

Related

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

This article provides general legal information about West Virginia state law as of October 11, 2026. It is not legal advice. Statute text comes from the current West Virginia Code on the Legislature's website. For advice about a specific situation, contact a lawyer licensed in West Virginia.

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in West Virginia?

No. Psilocybin and psilocyn are Schedule I controlled substances under W. Va. Code 60A-2-204(d). Possession without a prescription is a misdemeanor, and manufacture or delivery is a felony (60A-4-401).

What is the penalty for possessing psilocybin in West Virginia?

Possession of a controlled substance without a valid prescription is a misdemeanor punishable by 90 days to 6 months in jail, a fine of up to $1,000, or both (W. Va. Code 60A-4-401(c)). A first offender may be eligible for conditional discharge under 60A-4-407.

Is selling psilocybin a felony in West Virginia?

Yes. Manufacturing, delivering, or possessing with intent to manufacture or deliver a Schedule I substance that is not a narcotic or methamphetamine is a felony punishable by 1 to 5 years, a fine of up to $15,000, or both (W. Va. Code 60A-4-401(a)(ii)).

Did West Virginia legalize psilocybin therapy?

No. Senate Bill 906 (effective June 12, 2026) says a psilocybin drug that the FDA approves and the DEA reschedules may be lawfully prescribed, distributed and marketed (60A-2-201(g)). No state therapy program exists, and the 2026 Therapeutic Psilocybin Act bill (House Bill 5588) did not pass.

Are psilocybin mushroom spores illegal in West Virginia?

No West Virginia statute names psilocybin mushroom spores. The Schedule I entry lists the compounds psilocybin and psilocyn, and the Act's definition of production includes planting, cultivation, growing and harvesting of a controlled substance.

Does West Virginia have Good Samaritan protection for drug possession?

Yes. Under W. Va. Code 16-47-4, a person who in good faith seeks emergency help for someone who appears to be overdosing may not be held criminally responsible for simple possession under 60A-4-401(c), if the person stays, identifies himself or herself on request, and cooperates.