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

ILLEGAL
Confidence: High

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

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

Law changed in 2026: In February 2026, Maryland lawmakers approved a bill to extend the state's psychedelics task force through 2027. The task force has recommended decriminalization and the creation of a regulated system for therapeutic access to psilocybin.

Quick Answer

Maryland classifies psilocybin as a Schedule I controlled dangerous substance under Maryland Code, Criminal Law §5-402. However, in 2023, Baltimore City passed a resolution deprioritizing enforcement against possession of small amounts of psilocybin mushrooms. Sale and manufacture remain illegal statewide.

What the Law Says

Psilocybin is a Schedule I controlled substance in Maryland, but possession is a misdemeanor. A state task force has recommended decriminalization.

Maryland Code, Criminal Law §5-402
Category Details
Possession Illegal statewide; Baltimore City deprioritizes possession enforcement for small amounts.
Distribution Illegal statewide.
Penalties Felony charges with imprisonment and fines for possession and trafficking under state law.
Age Restriction None (illegal for all ages).
Pending Legislation HB 1234 (2024) proposes therapeutic psilocybin legalization but pending.
Recent Changes

In February 2026, Maryland lawmakers approved a bill to extend the state's psychedelics task force through 2027. The task force has recommended decriminalization and the creation of a regulated system for therapeutic access to psilocybin.

Enforcement Reality

While psilocybin is still a Schedule I substance, law enforcement priorities are shifting as the state actively explores a framework for legal, therapeutic use. Possession is still a criminal offense, but the focus is moving towards regulation rather than punishment.

Charge Level
Misdemeanor
Enforcement Likelihood
Moderate
Common Triggers
Standard drug enforcement, though a task force has recommended decriminalization.
Common Mistakes

A common mistake is to assume that the work of the state's task force has resulted in decriminalization. Psilocybin remains illegal, and possession can lead to criminal charges.

Local Exceptions

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

Bottom Line

Psilocybin / Magic Mushrooms are illegal in Maryland. 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.

Maryland 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. Maryland falls in the ILLEGAL category.

View the full 50-state map →
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
Psilocybin is a Schedule I controlled substance in Maryland, but possession is a misdemeanor. A state task force has recommended decriminalization.
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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