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

ILLEGAL
Confidence: High

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

Key Restriction
Possession and use prohibited
Penalty
Felony (for more than 5 grams)
Last Updated
2026-03-25

Law changed in 2024: In 2024, a bill was introduced to create a medicinal psilocybin treatment fund and pilot program, but it did not pass. No significant legislative changes have occurred.

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Quick Answer

Psilocybin mushrooms are illegal in Wisconsin under Wis. Stat. § 961.14, classified as a Schedule I controlled substance. Possession, sale, and manufacture are prohibited.

What the Law Says

Possession of more than 5 grams of psilocybin is a Class E felony in Wisconsin.

Wisconsin Statutes - Controlled Substances
Category Details
Possession Illegal to possess any amount of psilocybin mushrooms.
Distribution Illegal to sell or distribute psilocybin mushrooms.
Penalties Possession is a felony punishable by up to 3.5 years imprisonment and fines up to $10,000.
Age Restriction None (illegal for all ages).
Pending Legislation None known
Recent Changes

In 2024, a bill was introduced to create a medicinal psilocybin treatment fund and pilot program, but it did not pass. No significant legislative changes have occurred.

Enforcement Reality

Possession of psilocybin is a felony in Wisconsin, and law enforcement will prosecute individuals for possession. There are no decriminalization measures in place at the state level.

Charge Level
Felony (for more than 5 grams)
Enforcement Likelihood
Moderate
Common Triggers
Possession of larger quantities or sale.
Common Mistakes

A common mistake is to be unaware of the strict legal status of psilocybin in Wisconsin. Possession is a felony, and there are no exceptions for personal use.

Local Exceptions

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

Bottom Line

Psilocybin / Magic Mushrooms are illegal in Wisconsin. 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.

Wisconsin 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. Wisconsin 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 Wisconsin?
No — Psilocybin / Magic Mushrooms are illegal in Wisconsin as of 2026. Psilocybin mushrooms are illegal in Wisconsin under Wis. Stat. § 961.14, classified as a Schedule I controlled substance. Possession, sale, and manufacture are prohibited.
What are the penalties for possessing psilocybin mushrooms in Wisconsin?
Possession is a felony punishable by up to 3.5 years imprisonment and fines up to $10,000.
How strictly does Wisconsin enforce its psilocybin / magic mushrooms laws?
Possession of psilocybin is a felony in Wisconsin, and law enforcement will prosecute individuals for possession. There are no decriminalization measures in place at the state level.
What typically triggers enforcement in Wisconsin?
Possession of larger quantities or sale.
What is the age restriction for possessing psilocybin mushrooms in Wisconsin?
None (illegal for all ages).
Does the law on possessing psilocybin mushrooms change at the Wisconsin border?
Yes. Psilocybin / Magic Mushrooms are legal with restrictions in neighboring Minnesota. 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

2.
Statute Summary
Possession of more than 5 grams of psilocybin is a Class E felony in Wisconsin.
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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Psilocybin / Magic Mushrooms in Other States

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