Yes, mushrooms containing psilocybin or psilocyn are illegal in California. State law treats them as Schedule I controlled substances, and possessing, growing, sharing, or selling them can lead to criminal charges even in cities that have told local police to deprioritize enforcement.
How California Classifies Psilocybin Mushrooms
Psilocybin and psilocyn, the psychoactive compounds in “magic mushrooms,” are listed as Schedule I hallucinogenic substances under the California Uniform Controlled Substances Act.1Justia. California Health and Safety Code § 11054 The federal Controlled Substances Act places them in Schedule I as well, so both state and federal authorities have legal power to prosecute mushroom-related offenses anywhere in the state.
Possession
Possessing psilocybin or psilocyn is a crime under California law unless specifically authorized, such as through a research permit.2Justia. California Health and Safety Code § 11377
Cities including Oakland and San Francisco have instructed local law enforcement to treat personal possession as a low priority. That is a police-policy choice, not a change to state law. It does not decriminalize the conduct, and it does not provide a defense in state court. Someone stopped by state-level law enforcement, or found with mushrooms outside those cities, can still be charged.2Justia. California Health and Safety Code § 11377
Sharing, Selling, and Growing
Transporting, selling, furnishing, or giving away psilocybin mushrooms is a felony. The prohibition applies whether or not money changes hands, so handing mushrooms to a friend for free still qualifies. Even offering to sell or transfer them can support a charge, without a completed transaction.3Justia. California Health and Safety Code § 11379
Manufacturing, producing, or processing psilocybin is a felony as well. Cultivating spores or mycelium is illegal when the person intends to produce mushrooms that contain psilocybin or psilocyn.4Justia. California Health and Safety Code § 11379.6
Penalties on Conviction
- Simple possession is generally a misdemeanor, punishable by up to one year in county jail and fines. Eligible individuals may enter diversion programs focused on education or treatment, and completing the program can lead to dismissal of charges.2Justia. California Health and Safety Code § 11377
- Selling, furnishing, or transporting mushrooms for sale is a felony punishable by two, three, or four years in prison.3Justia. California Health and Safety Code § 11379
- Manufacturing psilocybin is a felony carrying three, five, or seven years in prison and fines up to $50,000.4Justia. California Health and Safety Code § 11379.6
Research and Religious Exceptions Are Narrow
California does not have a broad medical or religious framework for psilocybin comparable to its cannabis laws. Certain educational or scientific institutions may be authorized to possess or use mushroom materials for research under strict state guidelines.2Justia. California Health and Safety Code § 11377
Some religious groups have sought protection under the federal Religious Freedom Restoration Act. In Gonzales v. O Centro Espírita Beneficente União do Vegetal, the U.S. Supreme Court ruled in favor of a church’s sacramental use of a different psychedelic substance, holding that the federal government had not shown a compelling interest justifying a substantial burden on that religious exercise. The decision does not create a general exemption for mushroom use in California.5Justia. Gonzales v. O Centro Espírita Beneficente União do Vegetal
Federal Law Adds a Second Layer
Because psilocybin is a Schedule I drug under federal law, the Drug Enforcement Administration and other federal agencies can investigate and prosecute mushroom-related activity in California independently of state authorities. Federal exposure exists alongside state exposure, not instead of it.