Is Psilocybin / Magic Mushrooms Legal in California? (2026)

ILLEGAL
Confidence: High

No — Psilocybin / Magic Mushrooms are illegal in California as of 2026.

Key Restriction
Possession and use prohibited
Penalty
Felony
Last Updated
2026-03-25

Law changed in 2023: In late 2023, Governor Newsom vetoed Senate Bill 58, which would have decriminalized the possession and personal use of several natural psychedelics, including psilocybin. Legislative efforts for 2025 are expected to continue.

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Quick Answer

Psilocybin mushrooms are illegal under California Health and Safety Code § 11378 as a Schedule I substance. However, in 2022, the city of Oakland decriminalized personal possession and use, and in 2023, the state legislature considered but did not pass bills legalizing therapeutic use.

What the Law Says

California Health and Safety Code § 11378 lists psilocybin as a Schedule I substance, making it a felony to possess or sell.

California Health and Safety Code
Category Details
Possession Illegal statewide; decriminalized in some cities like Oakland and Santa Cruz.
Distribution Illegal statewide.
Penalties Penalties include imprisonment and fines under Health and Safety Code § 11350.
Age Restriction None (illegal for all ages).
Pending Legislation Several bills considered in 2023 for therapeutic legalization; none passed.
Recent Changes

In late 2023, Governor Newsom vetoed Senate Bill 58, which would have decriminalized the possession and personal use of several natural psychedelics, including psilocybin. Legislative efforts for 2025 are expected to continue.

Enforcement Reality

While psilocybin is illegal statewide, enforcement varies significantly by jurisdiction. In cities like Oakland and Santa Cruz, it is decriminalized and law enforcement treats it as a low priority. In other parts of the state, possession can lead to felony charges.

Charge Level
Felony
Enforcement Likelihood
Varies by jurisdiction
Common Triggers
Sale or possession in jurisdictions without decriminalization.
Common Mistakes

A common mistake is assuming that decriminalization in certain cities means statewide legality. Selling psilocybin remains a felony across California, and possession outside of decriminalized areas is still a punishable offense.

Local Exceptions

None identified. State law applies uniformly across California. Local ordinances may still vary — check with your city or county government for any additional rules.

Bottom Line

Psilocybin / Magic Mushrooms are illegal in California. Possession or use can result in criminal charges. Do not assume enforcement is lax — penalties are real. Consult a licensed attorney if you have specific questions.

California vs. the Rest of the US

Across the US, possessing psilocybin mushrooms is fully legal in 2 states, restricted in 2, and illegal in 36. California falls in the ILLEGAL category.

View the full 50-state map →

Neighboring States

Laws change at state lines. Here is how bordering states compare on Psilocybin / Magic Mushrooms:

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Frequently Asked Questions

Is it legal to possess Psilocybin / Magic Mushrooms in California?
No — Psilocybin / Magic Mushrooms are illegal in California as of 2026. Psilocybin mushrooms are illegal under California Health and Safety Code § 11378 as a Schedule I substance. However, in 2022, the city of Oakland decriminalized personal possession and use, and in 2023, the state legislature considered but did not pass bills legalizing therapeutic use.
What are the penalties for possessing psilocybin mushrooms in California?
Penalties include imprisonment and fines under Health and Safety Code § 11350.
How strictly does California enforce its psilocybin / magic mushrooms laws?
While psilocybin is illegal statewide, enforcement varies significantly by jurisdiction. In cities like Oakland and Santa Cruz, it is decriminalized and law enforcement treats it as a low priority. In other parts of the state, possession can lead to felony charges.
What typically triggers enforcement in California?
Sale or possession in jurisdictions without decriminalization.
What is the age restriction for possessing psilocybin mushrooms in California?
None (illegal for all ages).
Is California changing its psilocybin / magic mushrooms laws?
Several bills considered in 2023 for therapeutic legalization; none passed.
Does the law on possessing psilocybin mushrooms change at the California border?
Yes. Psilocybin / Magic Mushrooms are legal in neighboring Oregon. Laws change at state lines — check each state individually before traveling.

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EH
Ethan Harper Independent Legal Researcher

Reviewed by cross-referencing the cited state statute against current legislative databases and regulatory publications.

Last reviewed: 2026-03-25 Method: Statute cross-reference

Sources & Verification

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Statute Summary
California Health and Safety Code § 11378 lists psilocybin as a Schedule I substance, making it a felony to possess or sell.
Verified: 2026-03-25 Reviewed by: Ethan Harper Method: Statute cross-reference Confidence: High

This page was reviewed by Ethan Harper by comparing the legal status against the cited state statute. AllowedHere is an informational resource and does not provide legal advice. Consult a licensed attorney for guidance specific to your situation.

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