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

Magic mushrooms are not legal in Wisconsin. Psilocybin and psilocin are Schedule I hallucinogenic substances under Wis. Stat. 961.14(4)(r) and (s), in any form contained in a plant, obtained from a plant, or chemically synthesized; a first possession conviction carries up to $5,000 and one year in the county jail, a second is a Class I felony, and Wisconsin has no therapy or decriminalization program that changes that 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 Wisconsin state law on psilocybin and psilocin: the Schedule I listing in Wis. Stat. 961.14(4), the possession and delivery offenses and weight rule in 961.41, the sentencing statute 939.50, the drug-use assessment in 961.472, the delivery-to-minor, repeat-offender and location rules in 961.46, 961.48, 961.49 and 961.495, the paraphernalia offense in 961.573, license suspension under 961.50, overdose aider immunity in 961.443, the research provisions in 961.32 and 961.335, the federal-adoption rule in 961.11(4), and the driving offenses in 346.63(1)(a) and (am), with one paragraph on federal law. It does not cover city or county ordinances or resolutions, tribal law, employer drug-testing policies or other states' laws.

Are magic mushrooms legal in Wisconsin?

No. Wisconsin's Schedule I is set by statute, and its hallucinogen subsection names psilocybin and psilocin:

"(4) Hallucinogenic substances. Any material, compound, mixture or preparation which contains any quantity of any of the following hallucinogenic substances, including any of their salts, isomers, esters, ethers, and salts of isomers, esters, or ethers that are theoretically possible within the specific chemical designation, in any form contained in a plant, obtained from a plant, or chemically synthesized: ... (r) Psilocybin; (s) Psilocin;"

The statute names the compounds, not the mushrooms. Chapter 961 does not use the words "mushroom" or "spore." What brings mushrooms within the listing is its scope: any material that contains any quantity of psilocybin or psilocin, "in any form contained in a plant, obtained from a plant, or chemically synthesized." The listing has no weight or concentration threshold.

Possession penalties

Possession of psilocybin or psilocin has its own tier, Wis. Stat. 961.41(3g)(d), "Certain hallucinogenic and stimulant drugs":

"If a person possesses or attempts to possess lysergic acid diethylamide, phencyclidine, amphetamine, ... psilocin, or psilocybin, or a controlled substance analog of ... psilocin, or psilocybin, the person may be fined not more than $5,000 or imprisoned for not more than one year in the county jail or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense."

A Class I felony carries "a fine not to exceed $10,000 or imprisonment not to exceed 3 years and 6 months, or both" (Wis. Stat. 939.50(3)(i)).

The second-offense rule is broad. The same paragraph provides that "an offense is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs." A prior conviction for a different drug, or from another state, counts.

When a person pleads guilty to or is found guilty of psilocybin or psilocin possession under 961.41(3g)(d), the court must also order an assessment of the person's use of controlled substances, unless an exception in Wis. Stat. 961.472(5) applies (961.472(2)). The first-offense conditional discharge in Wis. Stat. 961.47 applies only to possession under 961.41(3g)(b), so it does not cover psilocybin or psilocin possession, which falls under (3g)(d).

Under Wis. Stat. 961.495, when a person violates the possession statute, 961.41(3g), by possessing a Schedule I substance, which includes psilocybin and psilocin, on the premises of a scattered-site public housing project, or in or within 1,000 feet of a park, a jail or correctional facility, a multiunit public housing project, a public swimming pool, a youth or community center, school premises or a school bus, the court "shall, in addition to any other penalties that may apply to the crime, impose 100 hours of community service work for a public agency or a nonprofit charitable organization."

Selling, delivering or manufacturing psilocybin

Wis. Stat. 961.41(1)(g) grades manufacture, distribution and delivery of psilocybin or psilocin by amount:

"(g) Psilocin and psilocybin. If the person violates this subsection with respect to psilocin or psilocybin, or a controlled substance analog of psilocin or psilocybin, and the amount manufactured, distributed or delivered is: 1. One hundred grams or less, the person is guilty of a Class G felony. 2. More than 100 grams but not more than 500 grams, the person is guilty of a Class F felony. 3. More than 500 grams, the person is guilty of a Class E felony."

Section 961.41(1m)(g) applies the same three tiers to amounts possessed with intent to manufacture, distribute or deliver. The ranges come from Wis. Stat. 939.50(3):

Under 939.50(3), each class allows the fine, the prison term, or both.

How the weight is counted

The tiers count more than the drug itself. Wis. Stat. 961.41(1r) provides that, in determining amounts under subsections (1) and (1m), "an amount includes the weight of ... psilocin, psilocybin, ... together with any compound, mixture, diluent, plant material or other substance mixed or combined with the controlled substance or controlled substance analog." For mushrooms, that means the weight of the material, not only the psilocybin it contains, sets the tier.

What counts as manufacture

Wisconsin defines "manufacture" broadly. Under Wis. Stat. 961.01(13), it "means the production, preparation, propagation, compounding, conversion or processing of, or to produce, prepare, propagate, compound, convert or process, a controlled substance or controlled substance analog, directly or indirectly, by extraction from substances of natural origin, chemical synthesis or a combination of extraction and chemical synthesis." "Production" is in turn defined in Wis. Stat. 961.01(20) to include "the manufacturing of a controlled substance or controlled substance analog and the planting, cultivating, growing or harvesting of a plant from which a controlled substance or controlled substance analog is derived." Manufacture is graded under the same Class G, F and E tiers as delivery.

Enhancements near schools and for repeat offenses

Wis. Stat. 961.49(1m) names psilocin and psilocybin among the drugs for which the maximum prison term "may be increased by 5 years" when delivery, distribution or possession with intent takes place in or within 1,000 feet of places such as a park, jail, multiunit public housing, public pool, youth or community center, school premises or school bus, or on or near certain treatment facilities and scattered-site public housing.

Wis. Stat. 961.48 raises the maximum for a felony drug offense that is a second or subsequent offense, when the prior convictions are alleged in the charge: "By not more than 4 years, if the offense is a Class E, F, G, H, or I felony," and by not more than 6 years for a Class C or D felony. Under 961.48(5), the section does not apply to a person presently charged with a felony under 961.41(3g)(d), so the second-offense possession felony is not increased again under it.

Under Wis. Stat. 961.46, if a person 17 years of age or over violates 961.41(1) by distributing or delivering psilocybin or psilocin to a person 17 years of age or under who is at least 3 years younger, the maximum prison term for the offense "may be increased by not more than 5 years."

Overdose aider immunity

Wis. Stat. 961.443(2) protects a person who gets help for someone else: "An aider is immune from prosecution under s. 961.573 for the possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a controlled substance or a controlled substance analog, and under s. 961.69 (2) for possession of a masking agent under the circumstances surrounding or leading to his or her commission of an act described in sub. (1)." The act described in subsection (1) is bringing a person suffering an overdose of, or adverse reaction to, a controlled substance to a health care facility, or calling law enforcement or emergency medical help for that person. The immunity covers possession, not delivery.

Drug paraphernalia

Using drug paraphernalia with a controlled substance in violation of chapter 961, or possessing it with the primary intent to do so, is a separate offense: "Any person who violates this subsection may be fined not more than $500 or imprisoned for not more than 30 days or both" (Wis. Stat. 961.573(1)).

Therapy, research and decriminalization in Wisconsin

Wisconsin has no psilocybin therapy program, no state psilocybin research act and no statewide decriminalization law. None of the bills introduced in the 2025-26 Legislature carries a psilocybin or psychedelic title. This page does not cover city or county resolutions; whatever a local body adopts, the state offenses in chapter 961 still apply everywhere in Wisconsin.

Two provisions govern research with controlled substances. Wis. Stat. 961.32(1m)(a) provides: "Persons registered under federal law to manufacture, distribute, dispense or conduct research with controlled substances may possess, manufacture, distribute, dispense or conduct research with those substances in this state to the extent authorized by their federal registration and in conformity with the other provisions of this chapter."

Wisconsin also requires a state permit. Under Wis. Stat. 961.335(1)(a), "Upon application the controlled substances board may issue a permit authorizing a person to manufacture, obtain, possess, use, administer, or dispense a controlled substance for purposes of scientific research, instructional activities, chemical analysis, or other special uses." Except as provided in 961.335(1)(c), "no person may engage in any activity described under par. (a) without a permit issued under this section" (961.335(1)(b)). A permit is valid for one year and is effective only for the person, project and substances it specifies, with any Schedule I substance named (961.335(2), (4) and (5)). Holders of a valid permit "are exempt from state prosecution for possession and distribution of controlled substances to the extent of the authorization" (961.335(6)).

Federal law and Wisconsin's adoption rule

Federal law lists psilocybin and psilocyn in Schedule I (21 CFR 1308.11(d)(29) and (30)), reaching any material, compound, mixture or preparation that contains any quantity of them. As of October 2026, no DEA or HHS notice or rule to move psilocybin out of Schedule I has been published in the Federal Register, and no psilocybin drug product has FDA approval. Executive Order 14401 (April 18, 2026) directs FDA to give priority vouchers to psychedelic drugs with Breakthrough Therapy designation, directs FDA and DEA to set up a Right to Try pathway, and directs the Attorney General to review rescheduling of Schedule I products that complete Phase 3 trials; it does not reschedule psilocybin and creates no enforceable right. Our psilocybin mushroom laws by state hub covers the federal layer in more detail.

Wisconsin has no trigger law tied to FDA approval of a psilocybin medicine. What it does have is a general rule for following federal scheduling. Under Wis. Stat. 961.11(4), when a substance is designated, rescheduled or deleted under federal law and notice is given to the Controlled Substances Board, "the board by affirmative action shall similarly treat the substance under this chapter after the expiration of 30 days from the date of publication in the federal register of a final order designating the substance as a controlled substance or rescheduling or deleting the substance or from the date of issuance of an order of temporary scheduling under 21 USC 811 (h), unless within that 30-day period, the board or an interested party objects to the treatment of the substance." A federal rescheduling of psilocybin would therefore put the question before the Board. Psilocybin and psilocin are also listed in 961.14(4) by statute, and this page will be updated if federal scheduling changes.

Driving and criminal records

Wisconsin's operating-while-intoxicated statute has a detectable-amount prong. Wis. Stat. 346.63(1)(am) makes it an offense to drive when "The person has a detectable amount of a restricted controlled substance in his or her blood," and 340.01(50m)(a) defines a restricted controlled substance to include "A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol." Psilocybin and psilocin are Schedule I, so that prong reaches them by its terms. Section 346.63(1)(a) separately bars driving "Under the influence of ... a controlled substance" or "under the influence of any other drug to a degree which renders him or her incapable of safely driving"; our guide to Wisconsin DUI laws covers both and the penalties.

Separately from any driving offense, Wis. Stat. 961.50(1) provides that if a person is convicted of any violation of chapter 961, the court "may, in addition to any other penalties that may apply to the crime, suspend the person's operating privilege ... for not less than 6 months nor more than 5 years."

A possession or delivery conviction creates a criminal record, and a second possession offense is a felony. Whether a Wisconsin record can later be expunged is covered in our guide to Wisconsin expungement laws.

Statute text quoted on this page is from the 2023-24 Wisconsin Statutes as updated through 2025 Wisconsin Act 247 and published October 1, 2026, on the Legislature's website.

Related

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

This article provides general legal information about Wisconsin state law as of October 11, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Wisconsin.

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in Wisconsin?

No. Wis. Stat. 961.14(4)(r) and (s) list psilocybin and psilocin in Schedule I, in any form contained in a plant, obtained from a plant, or chemically synthesized. A first possession conviction carries up to $5,000 and one year in the county jail, and a second offense is a Class I felony.

What is the penalty for possessing psilocybin mushrooms in Wisconsin?

Under Wis. Stat. 961.41(3g)(d), a first conviction carries a fine of up to $5,000, up to one year in the county jail, or both. A second or subsequent offense is a Class I felony, punishable by up to $10,000 and 3 years 6 months (939.50(3)(i)).

What is the penalty for selling psilocybin in Wisconsin?

Delivery, distribution or manufacture, or possession with intent, is a Class G felony for 100 grams or less (up to $25,000 and 10 years), Class F for more than 100 up to 500 grams (up to $25,000 and 12 years 6 months), and Class E for more than 500 grams (up to $50,000 and 15 years), under Wis. Stat. 961.41(1)(g) and (1m)(g) and 939.50(3).

Does the weight of the mushrooms count, or only the psilocybin?

For the delivery and intent-to-deliver tiers, Wis. Stat. 961.41(1r) counts the weight of psilocin or psilocybin together with any compound, mixture, diluent, plant material or other substance mixed or combined with it.

Is psilocybin therapy legal in Wisconsin?

Wisconsin has no psilocybin therapy or decriminalization program in statute. Research with psilocybin requires a Controlled Substances Board special use permit (Wis. Stat. 961.335(1)(b)), and persons registered under federal law may conduct research in Wisconsin only to the extent of their federal registration and in conformity with chapter 961 (Wis. Stat. 961.32(1m)(a)).

Would FDA approval of a psilocybin drug change Wisconsin law?

Wisconsin has no trigger law tied to FDA approval. If psilocybin were rescheduled or deleted under federal law, Wis. Stat. 961.11(4) directs the Controlled Substances Board to treat it the same way after 30 days unless the Board or an interested party objects.

Does Wisconsin's overdose immunity law cover psilocybin possession?

Wis. Stat. 961.443(2) makes an aider who gets help for a person suffering an overdose or adverse reaction immune from prosecution for possession under 961.41(3g), for the circumstances surrounding or leading to the call for help.