Is Psilocybin / Magic Mushrooms Legal in Wisconsin? (2026)
No — Psilocybin / Magic Mushrooms are illegal in Wisconsin as of 2026.
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 |
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.
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 →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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