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

ILLEGAL
Confidence: High

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

Key Restriction
Possession and use prohibited
Penalty
Felony (for more than 5 grams)
Last Updated
2026-03-25

Law changed in 2024: In 2024, a bill was introduced to create a medicinal psilocybin treatment fund and pilot program, but it did not pass. No significant legislative changes have occurred.

Quick Answer

Psilocybin mushrooms are illegal in Wisconsin under Wis. Stat. § 961.14, classified as a Schedule I controlled substance. Possession, sale, and manufacture are prohibited.

What the Law Says

Possession of more than 5 grams of psilocybin is a Class E felony in Wisconsin.

Wisconsin Statutes - Controlled Substances
Category Details
Possession Illegal to possess any amount of psilocybin mushrooms.
Distribution Illegal to sell or distribute psilocybin mushrooms.
Penalties Possession is a felony punishable by up to 3.5 years imprisonment and fines up to $10,000.
Age Restriction None (illegal for all ages).
Pending Legislation None known
Recent Changes

In 2024, a bill was introduced to create a medicinal psilocybin treatment fund and pilot program, but it did not pass. No significant legislative changes have occurred.

Enforcement Reality

Possession of psilocybin is a felony in Wisconsin, and law enforcement will prosecute individuals for possession. There are no decriminalization measures in place at the state level.

Charge Level
Felony (for more than 5 grams)
Enforcement Likelihood
Moderate
Common Triggers
Possession of larger quantities or sale.
Common Mistakes

A common mistake is to be unaware of the strict legal status of psilocybin in Wisconsin. Possession is a felony, and there are no exceptions for personal use.

Local Exceptions

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

Bottom Line

Psilocybin / Magic Mushrooms are illegal in Wisconsin. 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.

Wisconsin 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. Wisconsin 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
Possession of more than 5 grams of psilocybin is a Class E felony in Wisconsin.
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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