Is Psilocybin / Magic Mushrooms Legal in California?
Psilocybin / Magic Mushrooms is legal with restrictions 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.
Psilocybin / Magic Mushrooms is LEGAL WITH RESTRICTIONS in California
Psilocybin / Magic Mushrooms is legal in California but with specific restrictions and regulations.
Psilocybin / Magic Mushrooms Laws in California: Quick Facts
- 1 Legal Status: Psilocybin / Magic Mushrooms is currently legal with restrictions in California.
- 2 Possession: Illegal statewide; decriminalized in some cities like Oakland and Santa Cruz.
- 3 Sale: Illegal statewide.
- 4 Age Restriction: None (illegal for all ages).
- 5 Penalties: Penalties include imprisonment and fines under Health and Safety Code § 11350.
Detailed Legal Breakdown
| Possession | Illegal statewide; decriminalized in some cities like Oakland and Santa Cruz. |
| Sale | Illegal statewide. |
| Age Restriction | None (illegal for all ages). |
| Penalties | Penalties include imprisonment and fines under Health and Safety Code § 11350. |
| Pending Legislation | Several bills considered in 2023 for therapeutic legalization; none passed. |
How Does California Compare?
Across all 50 states, Psilocybin / Magic Mushrooms is fully legal in 0 states, legal with restrictions in 12 states, and illegal in 28 states. California is among the 12 states where it is legal with restrictions.
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Editorial Standards
This page was researched and written by the editorial team at IsThisLegalInMyState.com. All legal information is sourced directly from official state statutes, regulatory agency publications, and legislative databases. Our team reviews each page for accuracy and updates it when laws change.
Source
Citation: California Health and Safety Code
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=11378.&lawCode=HSC
Last verified: 2026-01-15
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