Is Psilocybin / Magic Mushrooms Legal in North Dakota? (2026)
No — Psilocybin / Magic Mushrooms are illegal in North Dakota as of 2026.
Quick Answer
Psilocybin mushrooms are illegal in North Dakota under the North Dakota Century Code (NDCC § 19-03.1-02). Psilocybin is a Schedule I controlled substance, prohibiting possession, sale, and manufacture.
What the Law Says
North Dakota has reclassified psilocybin as a Schedule IV drug, indicating some potential for medical use, though it remains a controlled substance.
— North Dakota Century Code § 19-03.1-02
| Category | Details |
|---|---|
| Possession | Illegal; possession is a felony with penalties including imprisonment and fines. |
| Distribution | Illegal; sale and distribution are felony offenses. |
| Penalties | Penalties vary by amount but include imprisonment and fines. |
| Age Restriction | None (illegal for all ages). |
| Pending Legislation | None known |
No significant legislative changes have occurred to decriminalize or legalize psilocybin in North Dakota. A bill to establish research for therapeutic use did not pass.
Enforcement Reality
Psilocybin is a Schedule I controlled substance in North Dakota, and possession is a felony. Law enforcement actively prosecutes these cases, and cultivation has been discovered in conjunction with other drug trafficking operations.
A common mistake is to be unaware of the strict legal status of psilocybin in North Dakota. There are no decriminalization measures in place, and possession is a felony.
Local Exceptions
None identified. State law applies uniformly across North Dakota. Local ordinances may still vary — check with your city or county government for any additional rules.
Bottom Line
Psilocybin / Magic Mushrooms are illegal in North Dakota. 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.
North Dakota 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. North Dakota 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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