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

Magic mushrooms are not legal in Wyoming: psilocybin and psilocyn, the compounds they contain, are Schedule I controlled substances under W.S. 35-7-1014(d), which covers any material that contains any quantity of them. Possessing an amount within the limits in W.S. 35-7-1031(c)(i) is a misdemeanor (up to 12 months, a fine up to $1,000, or both), larger amounts are a felony punishable by up to 5 years, and Wyoming's Controlled Substances Act contains no psilocybin therapy or decriminalization program. 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 Wyoming state law on psilocybin and psilocyn as the 2026 Wyoming Statutes read: the Schedule I listing (W.S. 35-7-1014), the scheduling clause (W.S. 35-7-1003, 35-7-1011), the offense, enhancement and sentencing sections of Article 10 (W.S. 35-7-1031 and 35-7-1036 to 35-7-1040, 35-7-1064), the Attorney General's 2026 emergency scheduling rules, the drug induced homicide statute (W.S. 6-2-108) and the DUI statute (W.S. 31-5-233), plus one paragraph on federal law. It does not cover Article 10's registration provisions for researchers and other registrants, firearm provisions outside the sections named here, the Attorney General's permanent rule chapters, city or county measures, tribal law, employer or school policies, or other states' laws.

Is psilocybin illegal in Wyoming?

Yes. Wyoming's Schedule I in W.S. 35-7-1014(d) reads:

"Hallucinogenic substances.-Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers ... (xix) Psilocybin; (xx) Psilocyn;"

The schedule names the compounds, not the mushroom. Article 10 of the Wyoming Controlled Substances Act (W.S. 35-7-1001 to 35-7-1064) does not use the words "mushroom," "spore" or "fungus" anywhere; psilocybin and psilocyn appear only in the Schedule I list. Because the listing covers "any material ... which contains any quantity" of the two compounds, mushrooms that contain them come within it.

Wyoming can also change its schedules by rule. Under W.S. 35-7-1003, "The attorney general of the state of Wyoming is hereby designated commissioner of drugs and substances control," and the Attorney General adds substances by emergency rule; for example, ERR26-004 states: "The Wyoming Attorney General is adding 4-fluoroamphetamine, bromazolam, and 3-MeO-PCP to Schedule I (Wyo. Stat. Ann. 35-7-1014) of the Wyoming Controlled Substances Act of 1971 through an emergency rule." None of the 2026 emergency rules numbered ERR26-001 through ERR26-016 on the Legislature's administrative rules site, which come from several agencies and include filings by the Attorney General as Commissioner of Drugs and Substances Control, concerns psilocybin. The Wyoming Division of Criminal Investigation explains scheduling on its controlled substances page.

Possession penalties and the weight limits

W.S. 35-7-1031(c) sets the possession tiers. Within the listed amounts, under (c)(i):

"And has in his possession a controlled substance in the amount set forth in this paragraph is guilty of a misdemeanor punishable by imprisonment for not more than twelve (12) months, a fine of not more than one thousand dollars ($1,000.00), or both. Any person convicted for a third or subsequent offense under this paragraph, including convictions for violations of similar laws in other jurisdictions, shall be imprisoned for a term not more than five (5) years, fined not more than five thousand dollars ($5,000.00), or both."

The amounts are set by the form of the substance:

The statute does not say which of these categories applies to dried mushrooms, and this page cites no Wyoming court decision on that question. The weights "shall include the weight of the controlled substance and the weight of any carrier element, cutting agent, diluting agent or any other substance excluding packaging material" (W.S. 35-7-1031(d)), so the whole mixture counts toward the limit, not only the psilocybin in it.

Above the listed amounts, W.S. 35-7-1031(c)(iii) applies to a non-narcotic substance such as psilocybin:

"And has in his possession any other controlled substance classified in Schedule I, II or III in an amount greater than set forth in paragraph (c)(i) of this section, is guilty of a felony punishable by imprisonment for not more than five (5) years, a fine of not more than ten thousand dollars ($10,000.00), or both;"

(For methamphetamine or a narcotic drug, the felony step in (c)(ii) is up to 7 years and a fine up to $15,000.)

A separate offense reaches use. Under W.S. 35-7-1039, except as W.S. 35-7-1064 provides, a person who "knowingly or intentionally uses or is under the influence of a controlled substance listed in Schedules I, II or III except when administered or prescribed by or under the direction of a licensed practitioner" is guilty of a misdemeanor punishable by up to 6 months in the county jail, a fine up to $750, or both.

Selling, sharing or growing psilocybin

Under W.S. 35-7-1031(a), "it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance." The sentence depends on the substance:

Article 10's dedicated cultivation offense, W.S. 35-7-1040, covers a person who "knowingly or intentionally plants, cultivates, harvests, dries, or processes any marihuana, peyote, or opium poppy." It names no mushroom or fungus. The general offense in W.S. 35-7-1031(a) turns on Article 10's definitions. "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" (W.S. 35-7-1002(a)(xiii)), and "production" "includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance" (W.S. 35-7-1002(a)(xxi)). "Deliver" means "the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship" (W.S. 35-7-1002(a)(vi)); the definition has no payment element, so sharing is a transfer like a sale. This page cites no Wyoming decision applying these definitions to mushrooms.

Article 10 does not mention spores or mycelium. This page does not take a position on how the schedule's "any material ... which contains any quantity" language applies to them.

Enhanced penalties: minors, school zones and repeat offenses

• Distribution to a minor. Under W.S. 35-7-1036(a), a person 18 or older who distributes a Schedule I, II or III substance other than methamphetamine or a narcotic drug "to a person under eighteen (18) years of age who is at least three (3) years his junior is punishable by the fine authorized by W.S. 35-7-1031(a)(ii), by a term of imprisonment up to twice that authorized by W.S. 35-7-1031(a)(ii), or both." That sentence begins "Except as provided in subsection (c) of this section," an exception this page does not cover.
• School buses and school zones. For a Schedule I through IV substance, W.S. 35-7-1036(b) adds penalties "as part of the sentence and in addition to any other penalties authorized by law" when the offense was committed in a school bus, or "within the boundaries of or within five hundred (500) feet of the boundaries of real property used by a school district primarily for the education of any student in any grade from kindergarten through twelfth grade." For an adult convicted of manufacture, delivery or possession with intent: "(I) Imprisonment for a minimum of two (2) years; and (II) An additional fine of one thousand dollars ($1,000.00)." For an adult convicted of possession under W.S. 35-7-1031(c): "an additional fine of five hundred dollars ($500.00)." For a minor not sentenced to unsuspended imprisonment, the court adds a drug education or rehabilitation program, 25 to 200 hours of community service and monthly drug testing for one year for manufacture, delivery or possession with intent to manufacture or deliver, or the program, 25 to 100 hours of community service and six months of monthly testing for possession (W.S. 35-7-1036(b)(ii)).
• Death of a minor. Under W.S. 6-2-108, a person is guilty of drug induced homicide if "He is an adult or is at least four (4) years older than the victim" and "He violates W.S. 35-7-1031(a)(i) or (ii) or (b)(i) or (ii) by unlawfully delivering a controlled substance to a minor and that minor dies as a result of the injection, inhalation, ingestion or administration by any other means of any amount of that controlled substance." Delivering psilocybin is a violation of W.S. 35-7-1031(a)(ii). Drug induced homicide "is a felony punishable by imprisonment in the penitentiary for not more than twenty (20) years" (W.S. 6-2-108(b)). Under W.S. 6-2-109, if the jury finds the victim was pregnant and the defendant knew it, the sentence is 10 to 30 years.
• Second or subsequent offenses. Under W.S. 35-7-1038(a), "Unless otherwise provided under W.S. 35-7-1031(c), any person convicted of a second or subsequent offense under this 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." A prior conviction under any federal or state law "relating to narcotic drugs, marijuana, depressant, stimulant or hallucinogenic drugs" counts, and the section "shall not apply to offenses under W.S. 35-7-1031(c)," which has its own third-offense tier. The section's heading also refers to a "mandatory minimum penalty for certain subsequent offenses"; this page covers subsections (a) to (c), which set no minimum term.

First-offender dismissal and overdose immunity

Under W.S. 35-7-1037, a person who has not previously been convicted of a drug offense under Wyoming, federal or another state's law and who pleads guilty to or is found guilty of possession under W.S. 35-7-1031(c), or of use under W.S. 35-7-1039, may be placed on probation "without entering a judgment of guilt and with the consent of the accused." If the terms are met, the court dismisses the case, and the dismissal "is not a conviction" for purposes of disqualifications or the repeat-offense penalties. "There may be only one (1) discharge and dismissal under this section with respect to any person."

Under W.S. 35-7-1064, a person who in good faith seeks medical help for a drug overdose is immune from prosecution for possession under W.S. 35-7-1031(c) and use under W.S. 35-7-1039 if the person reasonably believes an overdose is happening, gives the location, stays at the scene or the medical facility until responders arrive, cooperates, and the offense arises from the same course of events. The statute provides that "The immunity from prosecution under subsection (a) of this section shall extend to the person experiencing the drug overdose event if all the conditions specified in subsection (a) of this section are satisfied." The offenses it lists are possession and use; manufacture and delivery are not on the list. The person who overdosed may receive this immunity no more than twice in 12 months, and the second time only after completing, after the second overdose event, a drug treatment program approved by the district attorney (W.S. 35-7-1064(d)); that limit does not apply to the person who sought help.

Psilocybin therapy, decriminalization and recent bills

Wyoming has no psilocybin program comparable to the regulated frameworks in some other states. Article 10 contains no psilocybin therapy, decriminalization or research program, and the 2026 statutes keep psilocybin and psilocyn in Schedule I. This page covers no city or county measure on psilocybin; a local resolution would not change state law, which still applies.

The possession thresholds have drawn legislative attention, but not for psilocybin specifically. 2024 House Bill 30 would have replaced the form-based limits in W.S. 35-7-1031(c) with amount-based tiers; according to the Legislature's bill digest, it passed the House but failed in the Senate Committee of the Whole, 13-18, on February 28, 2024. The 2026 text still uses the form-based limits.

Wyoming's link to federal scheduling is W.S. 35-7-1011(d):

"If any substance is designated, rescheduled, or deleted as a controlled substance under federal law the commissioner shall control the substance under this act in the same manner as federal law within thirty (30) days after receiving notice of the change but not later than thirty (30) days after the first publication of the change in the Federal Register. Under this subsection, the commissioner shall control the substance in the same manner as federal law through the promulgation of an emergency rule, followed by promulgation of a permanent rule under the Wyoming Administrative Procedure Act."

The same subsection lets the Attorney General object instead: publishing the reasons for an objection means "control under this act is stayed until the commissioner publishes his final decision" (W.S. 35-7-1011(d)).

The clause turns on a federal designation, rescheduling or deletion, not on an FDA approval. This page reflects official sources as of October 11, 2026; the state's administrative rules system is where any later Attorney General rule would appear.

Federal psilocybin law

Federal law still lists psilocybin (code 7437) and psilocyn (code 7438) in Schedule I (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), punishable by up to 1 year and a minimum $1,000 fine for a first offense. Executive Order 14401 (April 18, 2026) directs federal agencies to speed review of psychedelic drugs, including a Right to Try pathway and a rescheduling review for Schedule I products that complete Phase 3 trials; it does not reschedule psilocybin. Federal law applies in Wyoming alongside state law.

Driving and criminal records

Under W.S. 31-5-233(b)(iii), no person may drive or have actual physical control of a vehicle "To a degree which renders him incapable of safely driving" while under the influence of alcohol, a controlled substance, or a combination. For that section, "controlled substance" includes drugs defined in W.S. 35-7-1002(a)(iv) and "Any drug or psychoactive substance, or any combination of these substances, capable of impairing a person's physical or mental faculties" (W.S. 31-5-233(a)(ii)). The statute's only per se branch is an alcohol concentration of 0.08 or more; it sets no any-amount or blood-level rule for drugs. For penalties and testing, see our guide to Wyoming DUI laws.

A psilocybin conviction can stay on a criminal record unless it ends in a first-offender dismissal; see Wyoming expungement laws for how records can be sealed or cleared.

Related

• Psilocybin mushroom laws by state
• Wyoming DUI laws
• Wyoming expungement laws
• Wyoming kratom laws
• Colorado psilocybin mushroom laws
• Montana psilocybin mushroom laws

This article provides general legal information about Wyoming law as of 2026-10-11. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Wyoming.

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in Wyoming?

No. Psilocybin and psilocyn are Schedule I controlled substances under W.S. 35-7-1014(d), and the listing covers any material containing any quantity of them. Possession within the amounts in W.S. 35-7-1031(c)(i) is a misdemeanor, and larger amounts are a felony punishable by up to 5 years.

What is the penalty for possessing psilocybin in Wyoming?

Possession within the listed amounts is a misdemeanor punishable by up to 12 months, a fine up to $1,000, or both; a third or later offense carries up to 5 years and $5,000. Possession above those amounts is a felony punishable by up to 5 years, a fine up to $10,000, or both (W.S. 35-7-1031(c)).

Is selling psilocybin mushrooms a felony in Wyoming?

Manufacture, delivery or possession with intent to manufacture or deliver a Schedule I substance such as psilocybin carries up to 10 years in prison, a fine up to $10,000, or both under W.S. 35-7-1031(a)(ii). A second or later offense can be punished by up to twice the term and fine (W.S. 35-7-1038).

Are psilocybin mushroom spores legal in Wyoming?

Wyoming's Controlled Substances Act does not mention spores, mushrooms or fungi. Its Schedule I covers any material that contains any quantity of psilocybin or psilocyn, and this page does not take a position on how that applies to spores.

Has Wyoming decriminalized psilocybin or created a therapy program?

No. Article 10 of the Wyoming Controlled Substances Act contains no psilocybin decriminalization, therapy or research program, and psilocybin remains in Schedule I under W.S. 35-7-1014.

Is there a first-offender option for psilocybin possession in Wyoming?

Yes. Under W.S. 35-7-1037, a person with no prior drug conviction who is found guilty of possession under W.S. 35-7-1031(c) or use under W.S. 35-7-1039 may, with consent, be placed on probation without a judgment of guilt, and the case is dismissed on completion. Only one such dismissal is allowed per person.

Can you get a DUI for driving on mushrooms in Wyoming?

Yes. W.S. 31-5-233 bars driving while under the influence of a controlled substance to a degree that renders a person incapable of safely driving, and psilocybin is a Schedule I controlled substance. The statute's only per se limit is the 0.08 alcohol concentration.