Mushrooms are not legal in Louisiana if they contain psilocybin, and the state goes further than most by also restricting several other hallucinogenic mushroom species. Possessing, growing, or distributing these mushrooms is a felony that can bring prison time, fines up to $20,000, and a suspended driver’s license.
What Louisiana Prohibits
Two separate statutes apply, and psilocybin mushrooms fall under both.
The first is Louisiana’s Controlled Dangerous Substances Law, which lists psilocybin and psilocyn as Schedule I hallucinogens under R.S. 40:964.1Louisiana State Legislature. Louisiana Revised Statutes RS 40:964 – Composition of Schedules That mirrors the federal Controlled Substances Act, which classifies psilocybin the same way.2Office of the Law Revision Counsel. 21 USC 812 – Schedules of Controlled Substances
The second is R.S. 40:989.1, a hallucinogenic-plant statute that targets the mushrooms themselves rather than the chemical. It lists several genera as prohibited: Psilocybe, Panaeolus, Conocybe, and Stropharia. “Any part or portion” of these mushrooms is covered when intended for human consumption.3Justia. Louisiana Revised Statutes 40:989.1 – Unlawful Production, Manufacture, Distribution, or Possession of Hallucinogenic Plants Because the same mushrooms fall under both laws, prosecutors can choose which charge to bring, or bring both.
Amanita Muscaria Is Also Restricted
This is where Louisiana departs from almost every other state. Amanita muscaria, the red-and-white fly agaric, and Amanita pantherina are both listed as hallucinogenic plants under R.S. 40:989.1.3Justia. Louisiana Revised Statutes 40:989.1 – Unlawful Production, Manufacture, Distribution, or Possession of Hallucinogenic Plants These mushrooms contain muscimol, not psilocybin, and are not scheduled under federal law. Louisiana is one of the only states that restricts them for human consumption.4UC San Diego – Today. Unregulated Sales of a Toxic and Hallucinogenic Mushroom Endanger Public Health
Amanita gummies and extracts sold online in other states carry the same criminal exposure in Louisiana as psilocybin mushrooms when possessed for consumption.
Spores, Grow Kits, and Home Cultivation
Some states allow psilocybin spore sales on the theory that spores contain no psilocybin. That argument runs into trouble in Louisiana. R.S. 40:989.1 defines a “hallucinogenic plant” as “any part or portion” of the listed genera and defines “production” broadly to include planting, cultivation, growing, and harvesting.3Justia. Louisiana Revised Statutes 40:989.1 – Unlawful Production, Manufacture, Distribution, or Possession of Hallucinogenic Plants The statute doesn’t name spores, but that language reaches spores held with intent to cultivate.
Growing psilocybin mushrooms at home is unambiguously illegal. The statute covers the full lifecycle, and personal-use cultivation gets no exemption. Grow kits found alongside spores would serve as strong evidence of intent to produce.
Possession Penalties
Under R.S. 40:966(C), possessing a Schedule I substance without a valid prescription is punished by weight:
- Less than 2 grams: up to 2 years in prison, with or without hard labor, and a fine up to $5,000.5Louisiana State Legislature. Louisiana Revised Statutes RS 40:966
- 2 grams to under 28 grams: 1 to 10 years in prison, with or without hard labor, and a fine up to $5,000.6Justia. Louisiana Revised Statutes 40:966 – Penalty for Distribution or Possession With Intent to Distribute Narcotic Drugs Listed in Schedule I
The hallucinogenic-plant statute carries its own penalty: 2 to 10 years in prison and a fine up to $20,000 for possessing any preparation of a listed plant intended for human consumption.3Justia. Louisiana Revised Statutes 40:989.1 – Unlawful Production, Manufacture, Distribution, or Possession of Hallucinogenic Plants
Distribution and Manufacturing Penalties
Distribution is treated more harshly. Under R.S. 40:966(B), distributing a non-narcotic Schedule I hallucinogen like psilocybin carries up to 10 years at hard labor.6Justia. Louisiana Revised Statutes 40:966 – Penalty for Distribution or Possession With Intent to Distribute Narcotic Drugs Listed in Schedule I Manufacturing, which includes cultivation, falls under the same range.
Under the hallucinogenic-plant law, producing or distributing a preparation containing a listed plant carries 2 to 10 years and up to $20,000 in fines.3Justia. Louisiana Revised Statutes 40:989.1 – Unlawful Production, Manufacture, Distribution, or Possession of Hallucinogenic Plants The “production” definition reaches everything from planting and growing to packaging and labeling.
One clarification: the harshest R.S. 40:966 penalties, including five-year mandatory minimums and potential life sentences, apply to heroin and narcotic drugs rather than to hallucinogens.6Justia. Louisiana Revised Statutes 40:966 – Penalty for Distribution or Possession With Intent to Distribute Narcotic Drugs Listed in Schedule I Psilocybin charges remain serious felonies, but they don’t carry those mandatory minimums.
Driver’s License and Other Collateral Consequences
A conviction for possessing any controlled dangerous substance under R.S. 40:966 through 40:970 triggers a mandatory driver’s license suspension of 90 days to one year.7Justia. Louisiana Revised Statutes 32:430 – Suspension, Revocation, and Denial of Driving Privileges For anyone under 19 at the time of conviction, the suspension runs until age 18 or at least 90 days, whichever is longer.
A felony drug conviction also affects employment, professional licensing, housing, federal student aid eligibility, and firearm rights. Defense costs for a felony charge typically run from several thousand dollars into the tens of thousands depending on complexity and whether the case reaches trial.
The Narrow Decorative-Use Exception
R.S. 40:989.1 does not apply to possessing, planting, cultivating, growing, or harvesting a hallucinogenic plant “strictly for aesthetic, landscaping, or decorative purposes.”3Justia. Louisiana Revised Statutes 40:989.1 – Unlawful Production, Manufacture, Distribution, or Possession of Hallucinogenic Plants This is narrower than it sounds. It would cover someone growing Amanita muscaria purely for its appearance with no intent to consume or distribute. The burden of proving that intent falls on you, and any sign of preparation for consumption defeats the defense. This is not a general home-cultivation loophole for psilocybin mushrooms.
What Might Change
Louisiana’s law is beginning to move around research and veterans’ care, though nothing yet touches personal-use penalties.
In 2025, the Senate passed Resolution No. 186, creating the Task Force on Alternative Therapies for Veterans. The resolution directed the task force to study whether psilocybin, MDMA, and ibogaine could benefit veterans with PTSD, depression, and related conditions, and to submit recommendations to the legislature by February 1, 2026.8Louisiana State Legislature. Senate Resolution No. 186 – Task Force on Alternative Therapies for Veterans
In early 2026, Senate Bill 43 was introduced to create a Psychedelic-Assisted Therapy Program within the Louisiana Department of Health, helping academic health centers conduct clinical studies of psilocybin and ibogaine for opioid use disorders, co-occurring substance use disorders, and treatment-resistant mental health conditions. Studies would have to operate under an FDA investigational new drug application and a DEA Schedule I research registration.9Louisiana State Legislature. Senate Bill No. 43 – Psychedelic-Assisted Therapy Program As of early 2026, SB 43 is pending before the Senate Committee on Health and Welfare.10Louisiana State Legislature. SB43 – 2026 Regular Session If passed, it would authorize research access only. It would not decriminalize personal use or change any criminal penalty.