Is Psilocybin / Magic Mushrooms Legal in West Virginia?
Psilocybin / Magic Mushrooms is illegal in West Virginia as of 2026. Psilocybin mushrooms are illegal in West Virginia under W. Va. Code § 60A-4-401, classified as a Schedule I controlled substance. Possession, sale, and manufacture are prohibited.
Psilocybin / Magic Mushrooms is ILLEGAL in West Virginia
Psilocybin / Magic Mushrooms is currently illegal in West Virginia. Possession or sale may result in penalties.
Psilocybin / Magic Mushrooms Laws in West Virginia: Quick Facts
- 1 Legal Status: Psilocybin / Magic Mushrooms is currently illegal in West Virginia.
- 2 Possession: Illegal to possess any amount of psilocybin mushrooms.
- 3 Sale: Illegal to sell or distribute psilocybin mushrooms.
- 4 Age Restriction: None (illegal for all ages).
- 5 Penalties: Possession is a felony punishable by 1 to 10 years imprisonment and fines up to $10,000.
Detailed Legal Breakdown
| Possession | Illegal to possess any amount of psilocybin mushrooms. |
| Sale | Illegal to sell or distribute psilocybin mushrooms. |
| Age Restriction | None (illegal for all ages). |
| Penalties | Possession is a felony punishable by 1 to 10 years imprisonment and fines up to $10,000. |
| Pending Legislation | None known |
How Does West Virginia 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. West Virginia 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: West Virginia Controlled Substances Act
https://code.wvlegislature.gov/wvcode/60A-4-401/
Last verified: 2026-01-15
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