Is Psilocybin / Magic Mushrooms Legal in South Dakota?
Psilocybin / Magic Mushrooms is illegal in South Dakota as of 2026. Psilocybin mushrooms are classified as a Schedule I controlled substance under South Dakota law. Possession, sale, and use are prohibited under SDCL § 34-20B-2, which aligns with federal Schedule I classification.
Psilocybin / Magic Mushrooms is ILLEGAL in South Dakota
Psilocybin / Magic Mushrooms is currently illegal in South Dakota. Possession or sale may result in penalties.
Psilocybin / Magic Mushrooms Laws in South Dakota: Quick Facts
- 1 Legal Status: Psilocybin / Magic Mushrooms is currently illegal in South Dakota.
- 2 Possession: Illegal to possess any amount of psilocybin mushrooms.
- 3 Sale: Illegal to sell, distribute, or manufacture psilocybin mushrooms.
- 4 Age Restriction: None (illegal for all ages).
- 5 Penalties: Possession is a felony punishable by up to 5 years imprisonment and/or fines up to $10,000.
Detailed Legal Breakdown
| Possession | Illegal to possess any amount of psilocybin mushrooms. |
| Sale | Illegal to sell, distribute, or manufacture psilocybin mushrooms. |
| Age Restriction | None (illegal for all ages). |
| Penalties | Possession is a felony punishable by up to 5 years imprisonment and/or fines up to $10,000. |
| Pending Legislation | None known |
How Does South Dakota 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. South Dakota is among the 28 states where it is illegal.
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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: South Dakota Codified Laws - Controlled Substances
https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=34-20B-2
Last verified: 2026-01-15
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