Are Mushrooms Legal in California? 2026 Psilocybin Laws and What You Risk
No, psilocybin mushrooms are not legal in California. Possession remains illegal statewide under California Health and Safety Code § 11350, though several cities have decriminalized enforcement. Governor Newsom vetoed Senate Bill 58 in October 2023, which would have decriminalized possession starting January 1, 2025.
Why This Matters to You
California’s psilocybin laws confuse millions. You might see headlines about “decriminalization” in Oakland or San Francisco and assume mushrooms are legal statewide—they’re not.
Here’s the truth: psilocybin mushrooms remain illegal statewide in California under both state and federal law in 2025. Local decriminalization only reduces enforcement priority in specific cities, not statewide legality.
If caught with psilocybin anywhere in California, you face potential criminal charges, fines up to $1,000, and up to one year in county jail for first-time possession. Larger quantities or distribution intent can trigger felony charges with multi-year prison sentences. Understanding what “decriminalized” actually means could save you from a criminal record that impacts employment, housing, and travel.
What You Came to Know
Psilocybin Remains Illegal Statewide
Under California law, psilocybin and psilocyn, two active substances in “magic mushrooms,” are classified as Schedule I hallucinogenic controlled substances under California Health & Safety Code Section 11054, subdivision (d).
Bottom line: recreational use is illegal everywhere in California. There is no medical or religious exception in the statutes.
Culinary mushrooms you buy at grocery stores are completely legal. Only psilocybin-containing mushrooms face criminal penalties.
What Happens If Caught With Psilocybin
Possession of psilocybin is generally punishable as a misdemeanor and may result in up to a one-year sentence in county jail and/or a fine, while selling psilocybin is a felony and may result in a jail or state prison sentence.
Penalties depend on quantity and circumstances:
Misdemeanor (small amounts for personal use):
- Up to 1 year in county jail
- Fines up to $1,000
- Potential probation
Felony (large quantities or intent to distribute):
- 16 months to 3 years in state prison
- Fines up to $10,000
- Permanent criminal record
California law prohibits, as an alternate felony-misdemeanor or “wobbler”, the cultivation of “any spores or mycelium capable of producing mushrooms or other substance” containing psilocybin or psilocyn, if done with the intent of producing psilocybin or psilocyn.
Most sites won’t tell you this, but even first-time possession creates a permanent drug conviction affecting employment background checks, professional licensing, and international travel.
City-Level Decriminalization Doesn’t Equal Legalization
In January of 2020, the city council of Santa Cruz, California, had a unanimous vote to decriminalize possession of psilocybin and cultivation, but any commercial sale of it is illegal.
Cities that have decriminalized include Oakland, Santa Cruz, San Francisco, Berkeley, Arcata, and Eureka. Law enforcement is instructed to treat psilocybin use as the lowest priority. It does not protect users from state or federal legal consequences.
Here’s what that actually means for you: State and federal agencies can still arrest and charge individuals even in decriminalized cities.
Decriminalization ≠ legalization. Similar to how Is Weed Legal In France? France Cannabis Laws And Drug Restrictions On Marijuana distinguishes between enforcement priorities and actual legality, California’s local policies don’t change state law.
Why California Hasn’t Legalized Psilocybin
Currently, psilocybin is legalized in only two states: Oregon and Colorado. California hasn’t followed this path.
Governor Newsom vetoed SB 58, stating California should immediately begin work to set up regulated treatment guidelines – replete with dosing information, therapeutic guidelines, rules to prevent against exploitation during guided treatments, and medical clearance of no underlying psychoses.
New legislation introduced in 2025 focuses on therapeutic and clinical use with medical supervision rather than broad recreational decriminalization.
What Visitors and Residents Must Know
Don’t bring psilocybin into California. Federal law prohibits interstate transport of Schedule I substances.
If you’re caught with psilocybin while driving, flying, or crossing into federal property (such as a national park or airport), the penalties can be severe. Federal law does not recognize California’s more lenient cannabis or local psychedelic policies.
Out-of-state residents face identical penalties. California law applies equally to visitors and residents.
What You Must Know
The Decriminalization vs. Legalization Trap
Decriminalization means police may not actively pursue charges, but laws still exist. Legalization would remove penalties entirely and allow regulated access, which has not yet happened for magic mushrooms in California.
Many people mistakenly believe decriminalized cities offer blanket immunity. They don’t. State prosecutors and federal authorities can still file charges.
Common Mistakes That Lead to Arrests
Assuming city decriminalization protects you statewide. It doesn’t—most California jurisdictions actively enforce psilocybin laws.
Transporting psilocybin across city lines. Moving from Oakland (decriminalized) to neighboring cities reintroduces full criminal liability.
Posting on social media about psilocybin use or cultivation. Digital evidence frequently appears in prosecutions.
What to Do Next
If Facing Psilocybin Charges
Immediately consult a criminal defense attorney specializing in drug cases. Penalties for possession of controlled substances other than marijuana in California can vary depending on the type of drug, the quantity, and the defendant’s criminal history.
Don’t speak to police without legal representation. Anything you say can escalate charges from misdemeanor to felony.
Stay Informed About Therapeutic Programs
A new legislative effort is underway in 2025, focusing on therapeutic and clinical use of psilocybin. The proposal emphasizes medical supervision and access for veterans and others with treatment-resistant conditions like PTSD and depression.
Monitor California Department of Public Health announcements for approved clinical trials or therapeutic programs.
Official Resources
Contact the California Department of Public Health for therapeutic psilocybin program information or the California Attorney General’s office for current drug law details.
Frequently Asked Questions
Is psilocybin legal in California?
No. Psilocybin remains illegal statewide for recreational use. Some cities have deprioritized enforcement, but possession carries criminal penalties anywhere in California including fines up to $1,000 and potential jail time.
Are magic mushrooms legal in California?
No. Magic mushrooms containing psilocybin are Schedule I controlled substances under California Health & Safety Code § 11350, making possession, sale, and cultivation illegal with misdemeanor or felony penalties.
What are penalties for psilocybin possession in California?
Misdemeanor: up to 1 year county jail and $1,000 fine. Felony (large amounts/intent to sell): 16 months to 3 years state prison and $10,000 fine. Penalties increase with prior convictions.
Is psilocybin decriminalized in California?
Only in specific cities (Oakland, San Francisco, Santa Cruz, Berkeley, Arcata, Eureka). Statewide, psilocybin remains fully illegal. City decriminalization reduces local enforcement priority but doesn’t prevent state or federal prosecution.
Can I bring mushrooms into California?
Absolutely not. Transporting psilocybin across state lines is a federal offense with severe penalties. TSA and federal authorities actively enforce Schedule I drug laws regardless of state decriminalization policies.
What happens if caught with psilocybin in California?
You face criminal charges ranging from misdemeanor to felony depending on quantity. Even first-time possession creates a drug conviction affecting employment, housing, professional licenses, and international travel rights.
Is psilocybin therapy legal in California?
Not yet. While 2025 legislation proposes regulated therapeutic programs, no legal framework currently exists. Unauthorized therapeutic use carries identical criminal penalties as recreational possession.
Disclaimer: This article is for informational purposes only regarding psilocybin legality in California and is not legal advice. California psilocybin laws can change, and penalties vary based on circumstances. AllAboutLawyer.com does not provide legal services. Consult a qualified attorney in California or contact relevant California health authorities for therapeutic psilocybin questions.
What to Do Next: Review California’s current psilocybin legislation through the Department of Public Health or consult an attorney about your legal situation.
Stay informed, stay protected. — AllAboutLawyer.com
Last Updated: February 11, 2026 — We keep this current with the latest legal developments
About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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