Is Psilocybin / Magic Mushrooms Legal in California? (2026)
No — Psilocybin / Magic Mushrooms are illegal in California as of 2026.
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.
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. |
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.
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 3, and illegal in 35. California falls in the ILLEGAL category.
View the full 50-state map →Reviewed by cross-referencing the cited state statute against current legislative databases and regulatory publications.
Sources & Verification
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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