Legal Status of Microscopy Spores by State (August 2025 Update)
Disclaimer (Updated August 2025): This state-by-state breakdown is for educational purposes only. It reflects the legal status of microscopy spores and related cultivation laws as of August 2025. We do not promote or condone illegal activity. Always check your local regulations before making any decisions, as laws can change or be subject to varying interpretations.
Alabama
Are microscopy spores legal? Yes. They’re legal to possess in Alabama for microscopy or research purposes, since the spores do not contain psilocybin (the controlled substance).
Can you legally cultivate them? No. Cultivating psilocybin mushrooms (growing spores into mushrooms) is illegal in Alabama and would be considered manufacturing a Schedule I controlled substance.
Any recent laws, bills, or updates? No new legislation related to psilocybin or mushroom spores has been introduced in Alabama in 2024 or 2025. Psilocybin remains illegal to produce or possess (beyond the ungerminated spores for research).
Alaska
Are microscopy spores legal? Yes. Possession of psilocybin mushroom spores is legal in Alaska for research or microscopy.
Can you legally cultivate them? No. Growing or cultivating psilocybin mushrooms is illegal under state and federal law.
Any recent laws, bills, or updates? Alaska has not changed its psilocybin laws recently. However, in September 2024 the state enacted House Bill 228, which established a task force to study the regulation of psychedelic-assisted therapy (in anticipation of potential federal approval of substances like psilocybin). This was a step toward understanding therapeutic use, but no changes were made to the legality of spores or cultivation. As of August 2025, cultivation and non-research use of psilocybin remain illegal.
Arizona
Are microscopy spores legal? Yes. Psilocybin mushroom spores are legal to buy, sell, and possess in Arizona for microscopy and research purposes (since the spores themselves do not contain psilocybin until germinated).
Can you legally cultivate them? No. Cultivation of psilocybin mushrooms (growing the spores into mushrooms) is illegal in Arizona, as psilocybin is a Schedule I controlled substance under state law.
Any recent laws, bills, or updates? Yes. Arizona has seen notable legislative activity in 2025. Senate Bill 1555, introduced in February 2025, initially proposed creating an Arizona Psilocybin Advisory Board to research psilocybin’s efficacy for mental health treatment. This bill was passed by the Arizona Legislature on June 26, 2025, after being heavily amended. As passed, SB 1555 will legalize a strictly regulated, pharmaceutical version of psilocybin for therapeutic use if it is approved by the FDA. In essence, the bill sets up an advisory board and a framework to allow state-regulated psilocybin-assisted therapy in the future, but only once a psilocybin drug gains federal approval. No general legalization or decriminalization occurred. Apart from that, personal possession and cultivation of psilocybin remain illegal (Arizona law continues to classify psilocybin as a dangerous drug). Another development: Arizona’s budget for 2025 included funding for psychedelic research (including ibogaine for veterans), indicating growing interest in psychedelic therapies, though that does not change current legal status for spores or cultivation (which stay the same – spores legal for research, growing illegal).
Arkansas
Are microscopy spores legal? Yes. Psilocybin spores are legal to possess in Arkansas for research purposes because they contain no controlled substances.
Can you legally cultivate them? No. Cultivating or germinating psilocybin mushroom spores into mushrooms is illegal in Arkansas, as psilocybin is classified as a Schedule I controlled substance under state law.
Any recent laws, bills, or updates? No significant changes. There have been no recent legislative efforts in Arkansas (in 2024 or 2025) to change the status of psilocybin. Possession, growth, or sale of psychedelic mushrooms remains illegal. Arkansas has not moved toward decriminalization or medical legalization of psilocybin as some other states have.
California
Are microscopy spores legal? No. California is one of the few states that explicitly bans psilocybin mushroom spores. Under California law, spores or mycelium capable of producing psilocybin are considered controlled (Schedule I). This means you cannot legally buy, sell, or possess spores in California, even for microscopy, because the state views them as ingredients to produce a controlled substance.
Can you legally cultivate them? No. Cultivation of psilocybin mushrooms is illegal in California. Growing mushrooms (or even possessing cultivated mushrooms or their derivatives) is considered manufacture or possession of a Schedule I substance and can lead to felony charges.
Any recent laws, bills, or updates? California has not yet changed its stance on psilocybin as of August 2025, but there is ongoing movement. While statewide law still classifies psilocybin (and its spores) as Schedule I (fully illegal), some local jurisdictions have taken steps to ease enforcement: for example, cities like Oakland, Santa Cruz, and San Francisco have made enforcement of laws against natural psychedelics (including psilocybin mushrooms) a low priority for police. On the state level, bills have been proposed to decriminalize or legalize psychedelics. In 2023, a high-profile bill (SB 58) that would have decriminalized possession of certain natural psychedelics passed the legislature but was vetoed by the Governor. Advocates continue to push legislation (and possibly ballot initiatives) to allow adult use or therapeutic use of psilocybin, but as of mid-2025 none have been enacted. So in summary: spores and mushrooms are illegal statewide, but enforcement may be relaxed in a few cities; no legalization yet.
Colorado
Are microscopy spores legal? Yes. Psilocybin mushroom spores are legal to possess in Colorado for research or microscopy purposes, as they do not contain psilocybin prior to cultivation.
Can you legally cultivate them? Yes – for personal use, under recent state law. Colorado has unique laws due to recent changes. In November 2022, Colorado voters passed Proposition 122 (the Natural Medicine Health Act), which took effect in 2023. Prop 122 decriminalized the personal possession, cultivation, and sharing (without payment) of certain psychedelic plants and fungi, including psilocybin mushrooms, for adults 21 and over. This means that adults are allowed to grow psilocybin mushrooms for their personal use in Colorado, within limits, and possess the mushrooms without criminal penalties. (Commercial sale outside of a regulated setting is still not allowed.)
Any recent laws, bills, or updates? Yes. Proposition 122 not only decriminalized personal use and cultivation but also laid the groundwork for a regulated therapeutic access program. Starting in 2024, Colorado is implementing a system of state-regulated “healing centers” where adults can receive psilocybin services under supervision. As of 2024-2025, psilocybin (specifically in the form of mushrooms or truffles) can be administered to clients at licensed facilities by trained facilitators. The program initially is focused on psilocybin, but the law allows other plant-based psychedelics (like ibogaine, DMT, and mescaline from cacti) to be added to the program by 2026 pending recommendations from an advisory board. In fact, Colorado regulators in mid-2025 were considering adding ibogaine to the list of substances allowed in the regulated program, which would make Colorado the first state to offer legal iboga services. It’s important to note: psilocybin is not “legal” in the sense of being sold in stores – it is either used in a licensed healing center or decriminalized for personal growing/possession. There have been no setbacks to these laws as of August 2025; implementation is ongoing. Several Colorado cities (Denver being the first in 2019) had already decriminalized psilocybin before Prop 122, but now the state law has taken a much broader step. Bottom line: Colorado allows personal cultivation and use of psilocybin mushrooms (no sales), and provides for licensed therapy with psilocybin.
Connecticut
Are microscopy spores legal? Yes. Psilocybin mushroom spores are legal to possess in Connecticut for research purposes. They are not themselves a controlled substance until they are cultivated to produce psilocybin.
Can you legally cultivate them? No. It is illegal to cultivate psilocybin mushrooms in Connecticut. Psilocybin is classified as a controlled substance (Schedule I), and growing mushrooms (or possessing the mushrooms themselves) is against the law.
Any recent laws, bills, or updates? Connecticut has taken some steps toward allowing psychedelics in therapeutic settings, but as of August 2025 psilocybin use remains largely prohibited. Small amounts of psilocybin are effectively decriminalized in Connecticut – in practice, the state’s laws treat possession of up to a certain amount of controlled substances as a misdemeanor or divert them to treatment, but formal decriminalization for mushrooms hasn’t been explicitly legislated. Notably, in 2021 Connecticut passed a law establishing a pilot program for veterans to access psychedelic-assisted therapy (using substances like MDMA or psilocybin in FDA-approved trials). Building on that, a bill to allow medical use of psilocybin (such as in therapeutic settings) has been pending in the legislature (for example, HB 5456 in the 2025 session proposed allowing psilocybin for medicinal purposes under strict regulation). As of mid-2025, that bill has not passed. Another piece of legislation (HB 7065 in 2025) was introduced to decriminalize possession of small amounts of psilocybin (making it an infraction rather than a crime); it advanced out of committee but did not become law in the 2025 session. In summary: Connecticut is studying and slowly moving toward possible medical use of psilocybin, but currently it remains illegal to grow or use outside approved research, and there’s no broad legalization. The only change in effect is that certain psychedelic therapy trials and research programs are sanctioned by the state.
Delaware
Are microscopy spores legal? Yes. Possession of psilocybin spores in Delaware is legal, as the spores themselves don’t contain psilocybin and are not specifically banned.
Can you legally cultivate them? No. Cultivating psilocybin mushrooms is illegal in Delaware. Psilocybin is a Schedule I controlled substance under Delaware law, so growing mushrooms (or possessing the mushrooms) is criminalized.
Any recent laws, bills, or updates? No. Delaware has not reported any recent legislative changes regarding psilocybin. There have been no significant bills in 2024 or 2025 addressing decriminalization or medical use of psilocybin. Thus, the legal status remains: spores can be possessed for legitimate research, but any cultivation or use of psilocybin mushrooms is illegal.
Florida
Are microscopy spores legal? Yes. In Florida, it is legal to buy, sell, or possess psilocybin mushroom spores for microscopy purposes. Florida law doesn’t prohibit spores because they contain no psilocybin until they are cultivated.
Can you legally cultivate them? No. Cultivating psilocybin mushrooms is illegal in Florida. Once spores are germinated and mushrooms with psilocybin are produced, you’re manufacturing a Schedule I controlled substance, which is against the law.
Any recent laws, bills, or updates? Florida has seen some interest in psilocybin reform, but no successful changes to the law. In recent years, bills were introduced in the Florida legislature to study or decriminalize psilocybin (for example, proposals to create research programs or to lower penalties). However, these bills have not passed. In 2021 and 2022, legislation was proposed to allow universities to research psilocybin and even to lower criminal penalties for possession; those efforts stalled. Again in 2023, there were discussions (a pair of bills were filed to establish a psilocybin research and therapy framework), but they did not advance. Therefore, as of 2025, Florida law treats psilocybin as illegal, with no special exceptions (aside from perhaps some very limited research permissions). Personal use or cultivation remains fully illegal, and there have been no new laws enacted to change that.
Georgia
Are microscopy spores legal? No. Georgia law explicitly prohibits psilocybin spores. Psilocybin and “any material which contains psilocybin” (which has been interpreted to include mushroom spores capable of producing psilocybin) are classified as Schedule I controlled substances in Georgia. This means even the spores are illegal to possess in the state.
Can you legally cultivate them? No. Cultivating psilocybin mushrooms is illegal in Georgia. It would constitute manufacturing a Schedule I drug. Possession of any quantity of psilocybin (including mushrooms or their spores) is a felony under Georgia law.
Any recent laws, bills, or updates? There has been some legislative interest in psychedelics in Georgia, but no changes to the law yet. In early 2023, a bipartisan group of state lawmakers introduced a resolution to create a study committee on the therapeutic benefits of psychedelics (including psilocybin) for treatment of mental health issues like PTSD. Additionally, in the 2023-2024 session, House Bill 718 was proposed to allow limited use of investigational drugs (like psychedelics) for veterans in PTSD treatment, and House Bill 382 (2025 session) was introduced to potentially reclassify psilocybin (removing it from Schedule I if federally approved medications come out). However, none of these bills have become law as of August 2025. The study committee resolution did pass and the committee has been examining evidence, but that is just exploratory. Bottom line: Georgia still strictly prohibits psilocybin (and spores), though there’s growing interest in future therapeutic uses. No decriminalization or legalization has occurred yet.
Hawaii
Are microscopy spores legal? Yes. In Hawaii, psilocybin mushroom spores are legal to possess for microscopy or scientific research. They are not explicitly outlawed as long as they contain no detectable psilocybin.
Can you legally cultivate them? No. Cultivation of psilocybin mushrooms is illegal in Hawaii. Psilocybin is a Schedule I substance under Hawaii law, and growing mushrooms (or possessing the resulting mushrooms) is a crime.
Any recent laws, bills, or updates? Hawaii has been active in considering psychedelic policy, but no change in the law has taken effect yet. In 2021, the Hawaii Legislature set up a Psychedelic Therapy Task Force to study the therapeutic benefits of psilocybin and MDMA. Subsequently, there have been bills introduced in 2022, 2023, and 2024 aimed at expanding access to psilocybin for medical purposes. For example:
- SB 738 (2021/2022) – created a task force to develop a long-term plan to make psilocybin available for medical use, and
- SB 1454 / HB 1340 (2023) – proposed establishing a therapeutic psilocybin working group and a pilot program for psilocybin-assisted therapy.
- SB 1042 (2023-2024) – aimed to set up a two-year pilot program within the Office of Wellness & Resilience to research and develop therapeutic psychedelics programs.
As of June 2024, the Hawaii House passed a version of a bill to fund psilocybin clinical research (for PTSD, depression, etc.), but in conference the bill did not survive – the Senate and House couldn’t agree on final language, so it failed to pass in the 2024 session.
In summary, Hawaii’s current status (2025): psychedelics including psilocybin remain illegal to possess or use outside of research. The state is studying the issue and seems poised to try again with legislation, but no legal psilocybin program exists yet. Spores remain legal to have, but you cannot grow them into mushrooms.
Idaho
Are microscopy spores legal? No. Idaho has one of the strictest stances on psilocybin. Under Idaho law, psilocybin and its spores are classified as Schedule I controlled substances. Idaho is one of the few states that explicitly bans even the possession of psilocybin mushroom spores, treating them as drug paraphernalia or as a part of the controlled substance.
Can you legally cultivate them? No. Cultivation or any manufacturing of psilocybin is illegal in Idaho. Possessing or growing psilocybin mushrooms can lead to serious felony charges. (Idaho law is so strict that, in the past, there were cases of people being prosecuted for just having wild psilocybin mushrooms growing on their property.)
Any recent laws, bills, or updates? Idaho has had no moves to legalize or decriminalize psilocybin. In fact, Idaho’s legislature preemptively passed a resolution in 2021 opposing the legalization of any psychedelics, reflecting the state’s firm stance. No pro-psilocybin legislation was introduced in 2024 or 2025. Idaho remains one of the most firmly prohibitionist states regarding psychedelics. In 2023, there was even consideration of a state constitutional amendment to ban drugs like psilocybin (though that did not advance). The bottom line is: Idaho keeps psilocybin illegal, with no changes on the horizon as of 2025.
Illinois
Are microscopy spores legal? Yes. In Illinois, psilocybin spores are legal to possess for research purposes since they contain no controlled substance until cultivated.
Can you legally cultivate them? No. Cultivating psilocybin mushrooms is illegal in Illinois. Psilocybin is classified as a Schedule I controlled substance in the state, so growing mushrooms (or merely possessing mushrooms or psilocybin itself) is a felony.
Any recent laws, bills, or updates? Illinois is actively exploring changes to psilocybin laws, but nothing has passed yet. House Bill 2992, introduced in early 2025 (sometimes referred to as the “HOPE Act” – Healing Opportunities through Psilocybin Equity), proposes a pilot program for regulated psilocybin-assisted therapy in Illinois. This ambitious bill would create a system for adults to legally access psilocybin services in clinical settings, establish a state advisory board, and even allow for the establishment of treatment centers and facilitators (drawing inspiration from Oregon’s program). HB 2992 garnered attention upon introduction; however, as of June 2025 it has not advanced (the bill is still in committee and did not get a floor vote during the spring session).
Aside from that, earlier attempts in Illinois include a 2021 bill that reduced penalties for small amounts of psilocybin (treating them more leniently, similar to how cannabis was once decriminalized – this did not become law), and ongoing public hearings about the therapeutic potential. The Illinois Senate also has considered creating a task force to study psychedelics.
In summary: no changes to the legality yet – spores are fine to possess, mushrooms are not – but Illinois could possibly move toward a regulated therapeutic model in the coming couple of years if bills like HB 2992 eventually pass. For now, cultivation or use remains illegal.
Indiana
Are microscopy spores legal? Yes. Indiana law does not prohibit possession of psilocybin mushroom spores, so they are legal for microscopy or research purposes.
Can you legally cultivate them? No. It is illegal to cultivate psilocybin mushrooms in Indiana. Psilocybin is a Schedule I controlled substance in the state, and growing mushrooms or possessing them is a criminal offense.
Any recent laws, bills, or updates? Indiana has not legalized psilocybin in any form, but there has been some interest in research. Notably, Senate Bill 414 was passed in 2022, which created a state therapeutic research pilot program for psilocybin. That law didn’t legalize psilocybin for public use, but it allowed Indiana University School of Medicine (and potentially other research institutions) to conduct a clinical trial studying psilocybin for depression, PTSD, or substance use disorder in veterans. Also in the 2023-2024 session, Senate Bill 139 was introduced, which would establish a psilocybin therapy advisory board and permit certain psychedelic research trials in Indiana (this bill was under review but hadn’t passed as of 2024).
So far, none of this has translated into public access: no decriminalization or medical program has been enacted beyond tightly controlled research. Possession and recreational use remain illegal. Indiana’s legislature, by authorizing studies, is acknowledging potential benefits, but there are no changes to criminal penalties yet. The situation as of 2025: spores legal (if for legit purposes), growing or using psilocybin mushrooms = illegal.
Iowa
Are microscopy spores legal? Yes. Psilocybin spores are legal to possess in Iowa for scientific or microscopy purposes. They are not considered a controlled substance until they are cultivated into mushrooms containing psilocybin.
Can you legally cultivate them? No. Cultivating psilocybin mushrooms is illegal in Iowa. Psilocybin is classified as a Schedule I controlled substance in Iowa, and producing or possessing psilocybin (in mushrooms or any form) is against the law.
Any recent laws, bills, or updates? Iowa has seen some legislative activity regarding psilocybin, but no changes in law yet. In 2023 and 2024, a couple of noteworthy bills were introduced:
- House File 249 (2023) sought to create a state fund and program for studying the therapeutic potential of psilocybin for certain illnesses (essentially to allow clinical trials in Iowa).
- House File 480 (2023) was another measure to reclassify psilocybin under state law and make it available medically if federally approved.
- House File 352 / Senate File 526 (2023-2024) aimed to remove psilocybin from Schedule I in Iowa (essentially legalize it for medical use and/or reduce penalties).
Additionally, House File 100 (2023) included a provision that would have allowed doctors to prescribe a FDA-approved psilocybin medication immediately upon federal approval (a kind of trigger clause); that measure actually passed the legislature as part of a broader healthcare bill, but Governor Kim Reynolds vetoed it in June 2023, objecting to the psilocybin provision.
Most recently, in the 2025 session, lawmakers introduced HF 351, a bill to remove psilocybin and psilocyn from Iowa’s Schedule I classification (with conditions tied to federal approval), and HF 978 to allow limited production and administration of psilocybin in controlled settings. These bills indicate interest, but none have become law as of mid-2025. Psilocybin is still fully illegal in Iowa outside of any approved research, and penalties remain in place. In short: Spores are legal to have, but any cultivation or actual use of psilocybin mushrooms is still prohibited, pending any future legislative breakthrough.
Kansas
Are microscopy spores legal? Yes. Kansas does not outlaw psilocybin spores themselves, so one may legally possess mushroom spores for research or microscopy.
Can you legally cultivate them? No. Cultivation of psilocybin mushrooms is illegal in Kansas. Psilocybin is categorized as a Schedule I hallucinogenic substance under Kansas law, and growing or possessing mushrooms containing psilocybin is a crime.
Any recent laws, bills, or updates? Kansas has made a noteworthy attempt in 2025 to adjust its stance on psilocybin in a limited way. House Bill 2218, introduced in February 2025, seeks to allow for the use of certain “FDA-approved psilocybin compounds” by rescheduling them from Schedule I to Schedule IV in the state’s controlled substances list. The idea is that if the FDA were to approve a medication containing psilocybin (for example, a synthetic psilocybin for depression), Kansas law would recognize that and treat that substance less restrictively (Schedule IV). HB 2218 in 2025 gained some traction and was part of a broader discussion on mental health treatment. However, as of the adjournment of the 2025 regular session, HB 2218 has not been passed – it remained in committee and will need further action in 2026.
Apart from that, Kansas has not moved toward decriminalizing natural psilocybin or allowing general medical use. The state is generally conservative on drug policy, though it did legalize medical cannabis oils in 2021 (but not full medical marijuana yet). For psychedelics, the only current change on the horizon is the conditional acceptance of FDA-approved therapies. So, for now, nothing has changed: possession or cultivation of psilocybin mushrooms is still illegal, and no legal access program exists.
Kentucky
Are microscopy spores legal? Yes. Psilocybin spores are legal to possess in Kentucky for non-ingestive purposes (like microscopy) since they do not contain the controlled substance itself.
Can you legally cultivate them? No. It is illegal to cultivate psilocybin-producing mushrooms in Kentucky. Psilocybin is a Schedule I controlled substance under Kentucky law, and growing or possessing psychedelic mushrooms is prohibited.
Any recent laws, bills, or updates? Kentucky has not specifically advanced any psilocybin legalization or decriminalization bills as of 2025, but there have been some relevant discussions. The state legislature has been examining broad drug policy reforms, including reducing penalties for possession of controlled substances. For instance, in 2023-2024 there were bills (like SB 158) aimed at lowering penalties for personal drug possession (covering all Schedule I and II drugs in small amounts) – these could indirectly affect how psilocybin possession is penalized if passed. Additionally, Kentucky created a Psychedelic Research Panel in 2022 to study emerging research on psychedelic therapies (including psilocybin for PTSD or similar conditions), but this did not change the law; it was more about gathering information.
To date, no bill legalizing psilocybin for medical use or decriminalizing it has been enacted in Kentucky. The focus has been on research and possibly future harm reduction, but nothing concrete has changed. So cultivation and use remain illegal, with spores being the only form not expressly prohibited.
Louisiana
Are microscopy spores legal? Yes. Louisiana law does not list psilocybin mushroom spores as illegal; they can be possessed for legitimate research or microscopy.
Can you legally cultivate them? No. Cultivating psilocybin mushrooms is illegal in Louisiana. Psilocybin is a Schedule I controlled substance under Louisiana’s Controlled Dangerous Substances law, and producing or possessing it (in mushrooms or otherwise) is a criminal offense.
Any recent laws, bills, or updates? Louisiana has not decriminalized or legalized psilocybin, but there has been a recent development. In June 2025, the Louisiana State Senate adopted Senate Resolution 186 (SR 186). This resolution creates the Task Force on Alternative Therapies for Veterans, specifically to study the therapeutic use of psychedelics (including psilocybin) for veterans with PTSD and other conditions. SR 186 doesn’t change any law by itself – it’s a fact-finding and advisory body – but it indicates Louisiana’s interest in the medical potential of psilocybin and other psychedelics. The task force will report back to the legislature with findings and recommendations.
Aside from that, no Louisiana laws regarding spores or mushrooms have changed. Possession of psilocybin (even small amounts) remains illegal and can lead to prosecution. In 2022, there was a bill proposed to reduce penalties for possession of small amounts of Schedule I substances (including psilocybin), but it did not pass. So as of 2025, no legal access to psilocybin exists in Louisiana and cultivation is still prohibited – the state is just beginning to study the issue via the task force.
Maine
Are microscopy spores legal? Yes. Psilocybin spores are legal to possess in Maine for scientific or educational purposes. Maine law does not outlaw the spores themselves, since they contain no psilocybin until cultivated.
Can you legally cultivate them? No. Cultivation of psilocybin mushrooms is illegal in Maine. Psilocybin is a Schedule W drug under Maine law (the most restrictive category), and growing or possessing psilocybin mushrooms is a criminal offense.
Any recent laws, bills, or updates? Yes – Maine has had significant activity on this front. While psilocybin remains illegal in Maine as of August 2025, the legislature came very close to changing that in the 2025 session:
- Decriminalization Effort: LD 1034, a bill to decriminalize possession of up to 1 ounce of psilocybin for adults 21+, was introduced by Rep. Grayson Lookner. Initially, a legislative committee recommended amending it to just create a study commission, but on June 3, 2025, the Maine House of Representatives surprised many by narrowly passing the bill as originally written (70-69) – meaning outright decriminalization without legal sales. The bill then went to the Senate, which also initially approved it by a one-vote margin. However, in an unusual turn of events, lawmakers reconsidered these votes the following week: on June 9, the Maine House reversed course and voted against the bill (74-72), and the Senate subsequently deadlocked 16-16, effectively killing it. In short, Maine’s legislature nearly became the third state to decriminalize “magic mushrooms,” but ultimately the measure failed in final votes. Still, the close votes were notable and indicate momentum in Maine for psilocybin policy reform.
- Therapy/Services Framework: In parallel to the decrim bill, Maine has been exploring a regulated framework similar to Oregon/Colorado. LD 1914 (2023) was a bill that would have set up a system of state-licensed psilocybin treatment centers. That bill was watered down to a study commission in 2023. A new effort may come in future sessions to legalize psilocybin therapy centers.
- Current Law: Because the decriminalization bill failed, psilocybin remains a Schedule W illegal substance in Maine. Possession of any amount can be charged (though Maine law already treats possession of Schedule W drugs under 2 grams as a misdemeanor).
Summary: No new law is in effect yet, but Maine is actively examining psilocybin reform. As of August 2025, you cannot legally grow or use psilocybin mushrooms in Maine. However, Maine has decriminalized recreational marijuana and is now seriously considering psilocybin – perhaps in 2026 there may be a different outcome. For now, spores remain legal to possess, cultivation remains illegal.
Maryland
Are microscopy spores legal? Yes. Maryland law does not prohibit possession of psilocybin mushroom spores, so they are legal for research/microscopy.
Can you legally cultivate them? No. Cultivating psilocybin mushrooms is illegal in Maryland. Psilocybin is a Schedule I controlled substance under Maryland law, and growing mushrooms or possessing them is a criminal offense.
Any recent laws, bills, or updates? Maryland has not legalized or decriminalized psilocybin for personal use, but it has taken steps toward understanding potential medical use:
- In 2022, Maryland passed House Bill 1322, which created the “Post-Traumatic Stress Disorder Alternative Therapies Fund” and an advisory panel to fund research into alternative therapies for PTSD, including psychedelic therapies (like MDMA and psilocybin). This allowed state resources to support studies/trials at places like Johns Hopkins University on the use of psilocybin for PTSD in veterans. It did not legalize psilocybin, but it signaled support for research.
- Building on that, in 2024 the Maryland General Assembly approved House Bill 548, which established a State Task Force on Psychedelic Therapies. This task force (comprised of medical professionals, researchers, and policymakers) is studying the use of psychedelic substances (psilocybin, MDMA, etc.) for treating mental health conditions and will make recommendations on possible medical access in Maryland. HB 548 became law (without needing the Governor’s signature due to a unique Maryland rule) and the task force has been meeting through 2024 and 2025.
- As of August 2025, the task force is expected to report its findings. No new law has yet been passed to legalize psilocybin for therapy or reduce penalties. Possession of psilocybin (mushrooms) is still illegal in Maryland (a misdemeanor, with potential jail time and fines, though Maryland did decriminalize plant marijuana years ago).
So in summary: no change for spores or cultivation – spores are legal, growing/using is not – but Maryland is actively studying psychedelics and could be laying the groundwork for a medical program in the future.
Massachusetts
Are microscopy spores legal? Yes. In Massachusetts, psilocybin spores are legal to possess for scientific purposes because they contain no psilocybin until cultivated.
Can you legally cultivate them? No. Cultivation of psilocybin mushrooms is illegal in Massachusetts. Psilocybin is classified as a Class C controlled substance under Massachusetts law (which covers hallucinogens), and growing or possessing psilocybin mushrooms remains a criminal offense.
Any recent laws, bills, or updates? Massachusetts has become a hub of legislative interest in psychedelics, though no statewide law has changed yet. After a 2022 ballot question to decriminalize psychedelics narrowly failed to make the ballot, state lawmakers took up the cause:
- Multiple bills were filed in the 2023-2024 legislative session to address psilocybin. These bills range from decriminalizing possession to establishing task forces and even creating therapeutic pilot programs. For example:
- H.3589 (2023) – would decriminalize possession of natural psychedelics.
- H.1754/S.1009 (2023) – would create a regulated psilocybin therapy program similar to Oregon’s, with licensed facilities.
- H.142 (2023) – would establish a task force to study equity and access in psychedelic use.
- H.1361 (2023) – would lower the penalties for possession of psilocybin (imposing only a $50-$100 fine for small amounts, effectively decriminalizing up to 2g).
In total, Massachusetts legislators introduced at least 6 different bills in 2023 related to psilocybin and other entheogens.- Importantly, on July 15, 2025, the Massachusetts Joint Judiciary Committee held a hearing where three of these bills were considered together. Specifically, the committee heard testimony on:
- H.1858 (Rep. Lombardo) – which would reduce penalties for possession (making it a $100 civil fine for under 1g).
- H.1726 (Rep. Gómez) – which would mandate courts to dismiss any arrest for psilocybin possession by adults, effectively de facto decriminalization.
- H.1624 (Rep. Connolly) – which would create a task force to study psychedelics policy.
All three got a hearing, and many advocates and experts testified in support, but none of these bills have been voted out of committee yet as of August 2025.
- Meanwhile, on the local level, several Massachusetts cities have already decriminalized natural psychedelics (making enforcement the lowest priority): Somerville, Cambridge, Northampton, and Easthampton passed such resolutions in 2021. This doesn’t legalize them, but essentially local police won’t arrest for psychedelic mushroom possession in those cities.
Summary: Statewide, psilocybin is still illegal to cultivate or possess (and punishable by law). But the legislative trends in Massachusetts are toward decriminalization and therapeutic use – we may see changes in the next year or two. As of now, spores are fine to have, mushrooms are not, and if you are caught with mushrooms the outcome might depend on where in MA you are (in some cities you might just get a warning, in others possibly charges). No formal state law change has passed yet.
Michigan
Are microscopy spores legal? Yes. In Michigan, psilocybin spores are legal to possess for non-consumptive purposes (like microscopy) since they do not contain psilocybin.
Can you legally cultivate them? No (with one narrow caveat at local levels). Under Michigan state law, cultivating psilocybin mushrooms is illegal – psilocybin is classified as a Schedule I controlled substance in Michigan, and growing or possessing it is a felony. However, it’s worth noting that several cities in Michigan have decriminalization policies which, while not making cultivation “legal,” effectively mean local authorities won’t prosecute adults for growing or possessing natural psychedelics for personal use.
Any recent laws, bills, or updates? There’s a lot of movement in Michigan toward psychedelic reform:
- Local Decriminalization: As of 2021-2022, the cities of Ann Arbor, Detroit, Grand Rapids, Flint, Hazel Park, and Ferndale (among others) have passed resolutions decriminalizing or deprioritizing enforcement of laws against entheogenic plants and fungi, including psilocybin mushrooms. Ann Arbor even hosts an annual “Entheofest” celebration since decriminalizing. While these resolutions do not change state law (psilocybin is still technically illegal statewide), they signal a shift in attitude and mean individuals in those jurisdictions are at very low risk of prosecution for personal use/cultivation. In Detroit’s case, voters approved a ballot initiative (Proposal E in 2021) to decriminalize personal possession and therapeutic use of naturally occurring psychedelics.
- State Legislation: Inspired by the local actions, Michigan state lawmakers have introduced bills to change state law. In July 2023, a bipartisan group in the House introduced HB 4506–4508, which would:
- Remove criminal penalties for adults who plant, cultivate, or possess entheogenic fungi/plants (like psilocybin, mescaline, etc.) for personal use.
- Create a task force to study medical benefits and make recommendations.
These bills were in committee as of 2024 and have not been passed yet.
Additionally, HB 5512 was introduced in early 2023 to legalize and regulate psilocybin for medical and spiritual purposes, but it stalled.- Therapeutic Use Exemption Bill: In 2023, House Bill 4668 (later renumbered HB 4686) was introduced by Rep. Mike McFall. This bill would exempt certain individuals from penalties for psilocybin possession: specifically, it would allow people diagnosed with PTSD or a terminal illness to possess and use psilocybin for treatment, upon recommendation of a physician, without prosecution. Essentially, it’s a limited medical psilocybin bill. As of June 2025, HB 4686 had been discussed but not enacted into law.
- Senate Interest: A similar effort occurred in the State Senate in 2021 (SB 631 by Sen. Jeff Irwin) to decriminalize natural psychedelics statewide. That bill did not advance at the time.
Summary: Michigan has not yet changed its state law – psilocybin is still illegal to produce or possess (and one could be charged, especially outside the cities that have decriminalized). However, momentum is strong: multiple cities already effectively allow it, and the state may soon follow suit with at least decriminalization or a medical program. For now, though, do not cultivate mushrooms in Michigan unless you are willing to risk state law penalties (despite local leniency in some places). Spores remain legal to buy or sell for research.
Minnesota
Are microscopy spores legal? Yes. Minnesota law does not prohibit possession of psilocybin mushroom spores, so they are legal for microscopy or research.
Can you legally cultivate them? No. Cultivating psilocybin mushrooms is illegal in Minnesota. Psilocybin is classified as a Schedule I controlled substance under Minnesota law, and producing or possessing psychedelic mushrooms is a crime.
Any recent laws, bills, or updates? Minnesota has taken initial steps toward exploring psychedelics, but has not changed its criminal laws regarding psilocybin yet.
- The most significant action: In 2023, Minnesota passed an omnibus health bill that included the creation of a “Psychedelic Medicine Task Force.” This task force is charged with studying the possible benefits of psychedelic substances like psilocybin and MDMA for mental health treatment (such as depression, PTSD, and substance use disorders) and to make recommendations on legalization or medical use. The task force began meeting in late 2023 and through 2024, aiming to deliver a report by 2024-2025 to the legislature. This does not legalize psilocybin, but it is groundwork for future legislation.
- Also in 2023, there was a standalone bill (HF 1884) to legalize adult use of certain psychedelics under a regulated system, but it did not advance. Instead, the task force approach was adopted.
- In 2021, even before the task force, a bipartisan bill was introduced (HF 2552) to allow FDA-approved medical use of psilocybin (if the FDA approves it, similar to what other states have done), but that also did not pass at the time.
- As of mid-2025, Minnesota’s Psychedelic Medicine Task Force has been gathering information (for example, looking at how Colorado and Oregon are implementing their programs, and reviewing scientific research). The task force’s final report is expected by the end of 2025.
At the local level, no Minnesota cities have decriminalized psilocybin yet (unlike some other states), so enforcement remains standard.
Bottom line: Psilocybin mushrooms are still illegal in Minnesota (possession could be charged as a felony, depending on amount). The state is actively studying the issue and could consider medical access legislation in the next few years, but for now nothing has changed in terms of what’s allowed. Spores are legal to have for study, but don’t grow them.
Mississippi
Are microscopy spores legal? Yes. Mississippi law does not list psilocybin mushroom spores as controlled, so they can be legally bought, sold, or possessed for research purposes.
Can you legally cultivate them? No. Cultivating psilocybin mushrooms is illegal in Mississippi. Psilocybin is a Schedule I controlled substance in the state, and production or possession of psilocybin (including mushrooms containing it) is a felony.
Any recent laws, bills, or updates? No significant legislative changes related to psilocybin have taken place in Mississippi as of 2025. Psilocybin remains fully illegal for any kind of use or distribution. There have been no bills introduced in the Mississippi legislature to decriminalize or legalize psilocybin in recent sessions.
That said, Mississippi is showing a bit of interest in psychedelics in the context of healthcare for veterans. In mid-2025, Mississippi lawmakers scheduled an informational hearing (no vote) for August 28, 2025, to learn about ibogaine therapy for addiction and PTSD. This hearing, hosted by a state Senate committee, is purely exploratory. It’s part of a broader conversation about mental health treatments (following what states like Texas and Arizona are doing for veterans). While this hearing is about ibogaine (a psychedelic substance different from psilocybin), some of the discussion could extend to psilocybin’s therapeutic potential as well.
However, to stress: Mississippi has not changed its laws – psychedelics including psilocybin are still illegal to possess or use. The state’s approach to drug policy remains conservative (for instance, Mississippi only has a limited medical marijuana program and strict penalties for other drugs). So, spores are fine for a microscope, but if you try to grow them or consume mushrooms, you’re breaking the law. No decriminalization on the horizon yet.
Missouri
Are microscopy spores legal? Yes. Psilocybin mushroom spores are legal to possess in Missouri for microscopy or research because they contain no controlled substance until cultivated.
Can you legally cultivate them? No. Cultivating psilocybin mushrooms is illegal in Missouri. Psilocybin is a Schedule I controlled substance under Missouri law, so growing mushrooms or possessing them is considered manufacture/possession of a controlled substance and is against the law.
Any recent laws, bills, or updates? Yes, Missouri has considered new legislation. The main development has been House Bill 829 in the 2025 legislative session. HB 829, introduced by Rep. Richard West, proposed a groundbreaking change: it would have allowed certain patients (21 or older, and specifically veterans or people with serious conditions like PTSD, major depression, substance use disorder, or those in end-of-life care) to legally access and use psilocybin for therapeutic purposes under supervision, without state penalty. Essentially, it was a limited psilocybin therapy legalization bill focusing on veterans and others with mental health needs. It also would have funded a clinical study on psilocybin’s efficacy for these patients and provided legal protections for participants and facilitators in the study.
- Progress of HB 829: The bill gained bipartisan interest. It passed out of a House committee unanimously in March 2025, and out of a second committee in April 2025, indicating strong support. However, in May 2025, as the legislative session was winding down, HB 829 did not come to a full House floor vote (it was “dropped from the calendar” on May 6, 2025 due to procedural deadlines). Despite that, Missouri senators took an interest: a Senate committee held an informational hearing on the concept on June 11, 2025 – which was just after the regular session ended, possibly indicating it might be picked up in a special session or next session. Ultimately, the bill did not pass in 2025; it will likely be revisited in 2026 given the momentum and positive reception.
- Other context: In 2021, Missouri had passed a law allowing investigational drug use for certain terminally ill patients (a “Right to Try” expansion that theoretically could include psychedelics if in clinical trials), but that’s a narrow scope. HB 829 was much more direct in addressing psilocybin therapy.
Summary: As of August 2025, nothing has changed legally yet – psilocybin mushrooms are still illegal to cultivate or possess in Missouri, outside of approved research. But Missouri is closer than many states to allowing therapeutic use for specific groups, given HB 829’s progress. Keep an eye out in the 2026 session; Missouri could be among the next states to create a psilocybin therapy program. For now, though, spores only for research, and no growing allowed.
Montana
Are microscopy spores legal? Yes. Possession of psilocybin spores is legal in Montana, since the spores don’t contain psilocybin until they fruit.
Can you legally cultivate them? No. It is illegal to cultivate psilocybin mushrooms in Montana. Psilocybin is a Schedule I controlled substance under Montana law, and producing or possessing it (including in mushrooms) is against the law.
Any recent laws, bills, or updates? Montana’s legislature meets in odd-numbered years (biennial sessions), and 2023 was a notable session for drug policy. However, no pro-psilocybin bills passed:
- In 2023, a couple of bills related to psychedelics were introduced. One of them, House Bill 868, proposed creating a $5 million grant program for psilocybin research (especially for PTSD and end-of-life anxiety), but this did not advance very far.
- Another, Senate Bill 535 (2023), was introduced to establish a regulated therapeutic psilocybin program in Montana (similar to Oregon’s Measure 109 approach). SB 535 actually passed both the Montana House and Senate with bipartisan support, but it was not a pure psilocybin bill – it was a broader healthcare bill with multiple provisions. Governor Greg Gianforte vetoed SB 535 in May 2023, citing concerns (not specifically about the psilocybin part, but overall). Therefore, Montana did not implement a psilocybin program.
- After the veto, no override occurred, and thus the issue was tabled for the session.
For the 2025 session, Montana’s Legislature did convene (Jan-April 2025). However, psychedelics were not a major focus that year; lawmakers were more concentrated on other issues like tax cuts and marijuana regulation tweaks. There was some talk of re-introducing a psilocybin therapy bill, but if it was, it did not gain traction or pass committee in 2025.
Montana’s legislature will not meet again in regular session until 2027 (unless a special session is called), so we don’t expect changes until then.
Bottom line: As of now, Montana has no legal access to psilocybin, and penalties remain in place. Spores are legal, mushrooms are illegal. The 2023 efforts indicate some support in principle, but it will likely be a few years before Montana revisits the idea, especially given the governor’s stance.
Nebraska
Are microscopy spores legal? Yes. Nebraska law doesn’t ban psilocybin spores, so they can be legally obtained and possessed for research/microscopy.
Can you legally cultivate them? No. Cultivating psilocybin mushrooms is illegal in Nebraska. Psilocybin is classified as a Schedule I controlled substance under Nebraska law. Growing mushrooms or possessing them (or any preparation of psilocybin) is against the law and subject to criminal penalties.
Any recent laws, bills, or updates? Nebraska has not seen any significant legislative movement on psilocybin. No bills to legalize or decriminalize psilocybin were introduced in the 2024 or 2025 sessions. Nebraska is generally conservative on drug policy (for instance, it still has not legalized medical marijuana as of 2025, despite multiple attempts).
There was some indirect action: In 2023, Nebraska lawmakers considered a bill (LB 588) to allow Right-to-Try experimental drugs for treatment-resistant depression, which could have conceivably included substances like psilocybin in clinical trials, but it was mostly oriented toward FDA-phase drugs and ketamine. That bill didn’t specifically mention psilocybin and didn’t move forward.
Additionally, local advocates have started to raise awareness, but no city in Nebraska has passed a decriminalization measure for psychedelics to date.
In summary: No changes in Nebraska. Spores can be bought for your microscope slide, but if you attempt to grow them or consume psychedelic mushrooms, you’re violating state law. Nebraska has not set up any task forces or studies on psychedelics yet, so any reform is likely some years away unless public opinion shifts dramatically.
Nevada
Are microscopy spores legal? Yes. Psilocybin spores are legal to possess in Nevada for research or microscopy. They are not considered a controlled substance until they are germinated and produce psilocybin.
Can you legally cultivate them? No. Cultivating or growing psilocybin mushrooms is illegal in Nevada. Psilocybin is classified as a Schedule I controlled substance under Nevada law. Possession of any quantity of psilocybin (including mushrooms) is a felony (though punishments can vary, and first-time low-level offenses sometimes can be treated as probationable).
Any recent laws, bills, or updates? Yes, Nevada has been actively working on psychedelic policy in 2023-2025:
- Decriminalization: Nevada has not outright decriminalized psilocybin in the way some states or cities have. However, there is an argument that Nevada’s existing law is somewhat lenient: under NRS 453, possession of small amounts of Schedule I substances (for first-time offenders) can often be treated as a category E felony which often results in probation (and possible diversion). But it’s not “decriminalized” – it’s still illegal and can be prosecuted.
- Psychedelic Working Group: In 2021, Nevada’s legislature created a “Psychedelic Medicines Working Group” within the state Department of Health and Human Services. This working group studied the science and logistics of psychedelic therapy (including psilocybin) and delivered a report in late 2022 with recommendations for the 2023 session. The group recommended a pilot program to allow controlled access to certain psychedelics for therapeutic purposes, especially focusing on veterans with PTSD and others with serious mental health conditions.
- 2023-2025 Legislation: Acting on those recommendations, lawmakers introduced AB 378 in the 2025 session. Assembly Bill 378 would create an “Alternative Therapies Pilot Program” to allow certain patients (initially, military veterans and first responders with PTSD or similar diagnoses) to legally use psychedelic substances like psilocybin, MDMA, and others under medical supervision. The program would have been administered by the state Division of Public and Behavioral Health with tight controls (e.g., only in clinical settings). AB 378 gained a lot of support – it had 24 co-sponsors (over one-third of the legislature). The Assembly Committee on Health and Human Services advanced AB 378 in April 2025 with amendments (broadening eligibility slightly and adding safety guardrails). However, due to time constraints in the legislative session, AB 378 did not make it to a final vote before the session adjourned in early June 2025. (Nevada’s legislative session is biennial, so this means the bill died for now, though it could potentially be reintroduced or considered in 2027 unless a special session is called.)
- Resolution Passed: Separately, Nevada lawmakers did pass Senate Joint Resolution 10 in June 2025. SJR 10 is a formal resolution (does not change state law) that urges the U.S. Congress and federal agencies to reschedule psychedelics and accelerate research into their medical benefits. It also calls for protections for patients and providers in states that implement psychedelic therapy. This resolution passed both the Senate and Assembly and has been sent to federal officials. While SJR 10 doesn’t legalize anything in Nevada, it shows the state’s intent and adds pressure at the federal level to reclassify substances like psilocybin.
- Current Law: As of now, psilocybin remains illegal to possess or use in Nevada outside of a research context. (Nevada does allow “Right to Try” use of investigational drugs, but that’s under federal oversight and hasn’t been applied to psilocybin yet). Possession of mushrooms could result in a felony charge, though Nevada has drug courts and deferral options for first offenses.
Summary: Nevada is on the path toward allowing therapeutic use of psilocybin (through a pilot program), but that program is not in effect yet as the enabling legislation didn’t quite pass in time. Look for it to return in the next session. In the meantime, do not cultivate or use psilocybin in Nevada – it’s still illegal. Spores are legal to have, but germinating them is not. The state is essentially saying, “We support federal rescheduling and want to do a controlled program, but until then, it’s illegal.”
New Hampshire
Are microscopy spores legal? Yes. Psilocybin mushroom spores are legal to possess in New Hampshire for scientific purposes since they don’t contain psilocybin.
Can you legally cultivate them? No. Cultivating psilocybin mushrooms is illegal in New Hampshire. Psilocybin is a controlled drug (Schedule I) under New Hampshire law, and growing mushrooms or possessing psilocybin is subject to criminal penalties.
Any recent laws, bills, or updates? Yes, there has been notable legislative action in 2023-2025:
- House Bill 640 (2023) attempted to reduce the penalties for possessing small amounts of psilocybin mushrooms, essentially to decriminalize psilocybin up to 12 grams (making it a violation rather than a misdemeanor/felony). That bill passed the NH House in 2023 but stalled in the Senate.
- House Bill 360 (2023) was introduced to establish a therapeutic psilocybin pilot program in New Hampshire; it did not advance.
- House Bill 1349 (2022) had previously set up a commission to study psychedelic treatment for mental health, but that commission did not ultimately move forward.
The big news is House Bill 528 (2025).
- HB 528 (2025) proposes to amend New Hampshire’s law to reduce criminal penalties for possession of psilocybin for adults 18 and older. Initially, HB 528 was written to fully legalize personal use/possession of psilocybin for those 21+, but it was amended in the House to be more limited: under the amended bill, possession of psilocybin by adults would be just a violation (fine) for the first offense (like a speeding ticket), rather than a serious misdemeanor; subsequent offenses could escalate, but overall it significantly lowers the criminal penalties.
- HB 528 had traction – it passed the New Hampshire House of Representatives in early June 2025. The vote was bipartisan to reduce the penalties. After passing the House, HB 528 moved to the New Hampshire Senate for consideration.
- As of August 2025, the Senate has not yet taken a final vote on HB 528. It is expected to be taken up in the next session or during fall committee meetings. If the Senate eventually passes it (possibly in 2026), it would go to the Governor. So, no change yet, but it’s a live issue.
Additionally, some New Hampshire cities (like Lebanon, NH) have had local discussions about de-prioritizing psychedelic enforcement, but no official city council actions like the ones in Massachusetts.
Summary: Today, psilocybin is still illegal in NH and you can be charged for it (possession of any amount is a misdemeanor currently, cultivation would be more serious). But the state is on the verge of at least reducing penalties for possession. Stay tuned into 2026. For now, no cultivation allowed, spores only for research, and regular laws apply (with possibly some leniency if HB 528 eventually becomes law).
New Jersey
Are microscopy spores legal? Yes. Psilocybin spores are legal to possess in New Jersey for research purposes, as they are not explicitly banned and contain no psilocybin until cultivated.
Can you legally cultivate them? No. Cultivating psilocybin mushrooms is illegal in New Jersey. Psilocybin is classified as a Schedule I Controlled Dangerous Substance under NJ law. Growing mushrooms or possessing them remains a crime.
Any recent laws, bills, or updates? New Jersey has taken some steps to soften its stance on psilocybin, though not full legalization:
- Reduced Penalties (2021): In February 2021, New Jersey enacted a law (as part of cannabis decriminalization cleanup bills) that reduced penalties for possession of psilocybin mushrooms. Possessing up to one ounce (approximately 28 grams) of psilocybin mushrooms was downgraded from a third-degree felony (which could carry 3-5 years in prison) to a disorderly persons offense – essentially a misdemeanor – punishable by up to 6 months in jail and a $1,000 fine (and often handled more leniently in practice). This was a significant change; NJ is one of the only states to legislatively reduce penalties for psilocybin. This law is currently in effect, meaning small amount possession, while still illegal, is not a serious felony in NJ.
- Legalization Efforts: Building on that, New Jersey lawmakers have been exploring a system to allow psilocybin-assisted therapy. In 2022, Senate President Nicholas Scutari (one of NJ’s most influential legislators) introduced S2934, a bill to legalize psilocybin for medical use through licensed “psilocybin service centers” and trained facilitators. In the 2023-2024 session, a similar bill was reintroduced as S2283, with an Assembly companion A3944/A5091. These bills would set up a framework for adults 21 and over to receive psilocybin in a supervised setting for therapeutic purposes (they’re sometimes referred to as the New Jersey Psilocybin Behavioral Health Access and Services Act).
- S2283/A3944 propose a regulated industry somewhat like Oregon’s: create rules for growing psilocybin mushrooms, training facilitators, and providing the psychedelic to clients in controlled environments.
- As of June 2025, S2283 was in the Senate Health Committee and had not yet received a full vote. The legislative process in NJ can be slow, and this may carry over into the 2024-2025 session.
- Additionally, separate bills (A4911 in 2022) have proposed allowing home cultivation of a small number of psilocybin mushrooms for personal therapeutic use, but those are even less advanced.
Summary: Currently, psilocybin mushrooms are illegal in NJ, but getting caught with a personal-use amount will result in a lower-level offense thanks to the 2021 law change. There is no permission to cultivate or distribute mushrooms yet. However, New Jersey could become one of the first states on the East Coast to legalize psilocybin therapy if S2283 or similar passes in the coming year or two. For now though, cultivation is a crime and any non-medical possession is still unlawful (just less punished). Spores remain legal to have for research.
New Mexico
Are microscopy spores legal? Yes. New Mexico is an interesting case: psilocybin spores are legal to possess (for microscopy, etc.) and, in fact, New Mexico law has a unique interpretation that even growing mushrooms at home for personal use is not necessarily “manufacturing” a controlled substance under state law (based on a 2005 court decision). But generally, spores themselves are fine to have.
Can you legally cultivate them? Technically no under statute, but New Mexico has an unusual legal precedent: In 2005, the New Mexico Court of Appeals ruled in State v. Pratt that growing psilocybin mushrooms for personal use did not count as “manufacturing a controlled substance” under New Mexico law, because the state’s law against manufacturing controlled substances didn’t explicitly include the natural growing of fungi. This effectively meant that, under that ruling, personal cultivation might not be prosecutable (as long as there was no intent to distribute). However, it’s a bit of a gray area and relying on this court case is risky – distribute or sell those mushrooms and it’s definitely illegal, and the law could be updated to close that loophole.
That said, aside from that quirk, New Mexico’s statutes do list psilocybin as a Schedule I controlled substance, so possession of actual psilocybin (like dried mushrooms) is illegal and can be charged (the Pratt case just said the act of growing might not fit the statute’s definition of manufacture – not that possessing the result is legal).
Any recent laws, bills, or updates? Yes, big news: In 2023-2025 New Mexico has moved toward medical use of psilocybin.
- Senate Bill 219, the “Medical Psilocybin Act,” was introduced in 2023 and passed the New Mexico Legislature in early 2025. Governor Michelle Lujan Grisham signed SB 219 into law on April 6, 2025. This law makes New Mexico the first state to legislatively create a comprehensive therapeutic psilocybin program (Oregon’s was by ballot measure, Texas’s is just research).
- What SB 219 does: It establishes a regulated program for adults 21 and over with certain qualifying medical conditions to receive psilocybin-assisted therapy. Qualifying conditions likely include PTSD, major depressive disorder, end-of-life psychological distress, and others determined by a new Psilocybin Advisory Board. The law sets up a framework for:
- Licensing psilocybin service centers where therapy can take place.
- Licensing facilitators who will administer and supervise sessions.
- Licensing producers who will grow psilocybin mushrooms for the program.
- It does not allow retail sales or home use; it’s centered on therapeutic administration in controlled settings.
- The New Mexico Department of Health is tasked with developing rules and regulations for this program (targeting launch by mid-2026).
- Notably, New Mexico’s law comes with some local control provisions – cities or counties can opt-out of hosting service centers if they wish.
- Current status (Aug 2025): The program is in the rulemaking phase; no service centers are open yet. So, psilocybin therapy is legal in principle in NM, but there’s not yet a way for the public to legally obtain or use it until the program is up and running. Expected timeline is initial rollout by 2026.
- Outside the program: Non-authorized possession or distribution of psilocybin is still illegal. However, given the Pratt case, someone growing a small crop for purely personal use might have a defense if prosecuted, but it’s not a guarantee – and possessing the mushrooms is still clearly illegal on the face of the law.
Summary: New Mexico is moving toward legal, regulated therapeutic use of psilocybin. If you become a patient in that program once it starts, you’ll be able to legally consume psilocybin in a controlled setting. Until then, nothing has officially changed for the average person. Spores are fine, but do not assume you can grow or possess mushrooms without risk until the program is in effect (and even then, only through the program). New Mexico’s historically lenient court ruling and its new law make it one of the most permissive states for psilocybin as of 2025.
New York
Are microscopy spores legal? Yes. New York State law does not prohibit psilocybin mushroom spores. They are legal to buy/possess for research or microscopy purposes, as they contain no controlled substance until cultivated.
Can you legally cultivate them? No. Cultivation of psilocybin mushrooms is illegal in New York. Psilocybin is classified under New York’s Public Health Law as a Schedule I hallucinogenic substance. Growing mushrooms or possessing them (outside of any sanctioned research) is a crime.
Any recent laws, bills, or updates? New York has been actively considering various psychedelic reform bills, though none have become law yet:
- Drug policy shifts: New York decriminalized marijuana in 2019 and legalized adult-use cannabis in 2021. Following that, attention turned to psychedelics. In 2021, a bill was introduced to decriminalize all entheogenic plants/fungi (similar to what some cities have done), but it didn’t pass at that time.
- Bills in 2023-2024:
- Assembly Bill A8220 (2023) and its Senate companion S6195 aimed to remove criminal penalties for possession of natural psychedelics (like psilocybin, DMT, ibogaine, mescaline). These didn’t advance out of committee.
- Assembly Bill A8569 (2023) proposed establishing a state-sanctioned psychedelic research program allowing the use of psilocybin and MDMA in therapeutic settings for mental health treatment. Pending but not passed.
- The most publicized is Assembly Bill A00114 (originally A.5830 in 2021, revised) – introduced by Assemblymember Linda Rosenthal – which would legalize certain psychedelics for adults 21+ and allow certified “facilitators” to administer them. This was an Oregon-style approach. It saw a hearing in an Assembly committee in May 2023 but was not voted out.
- Assembly Bill A628 (2024), as mentioned in the question context, was introduced in May 2024 by Assemblymember Pat Burke. This bill would allow adults 18 and older to apply for a state-issued permit to legally cultivate, possess, and gift psilocybin mushrooms or to purchase them from licensed vendors. Essentially, it sets up a kind of pilot program for personal use with regulation. It did not pass in 2024 and remains pending.
- Senate Bill S1801 (2023) by Senator Nathalia Fernandez would create a state psilocybin services program (like a pilot program for therapeutic use in clinical settings, with up to 10,000 patients). Also pending.
- Local level: In late 2021, New York City’s then-Mayor-elect (now Mayor) Eric Adams expressed support for exploring the medical use of psychedelics. In 2022, the NYC Council passed a resolution calling on the state to legalize entheogenic plants for adult use. While not binding, it shows support from the city.
- Current law: As of August 2025, none of the state bills have become law, so psilocybin remains illegal to produce or sell. However, New York has relatively lenient penalties for simple possession due to drug law reforms over the years. Possession of small amounts of any controlled substance for personal use often leads to diversion to treatment or misdemeanor charges rather than felonies (except in large quantities or with intent to sell). But technically, possession of psilocybin is a misdemeanor (for small amounts) or felony (for larger amounts/intent to distribute).
Summary: Spores are legal in NY. Cultivation and use of psilocybin mushrooms are illegal, but the state is actively considering changes. It wouldn’t be surprising if in the next year or two New York passes a law to allow psychedelic therapy or decriminalize personal use, given the interest in Albany. For now, though, no such law is in effect.
North Carolina
Are microscopy spores legal? Yes. North Carolina law does not specifically outlaw psilocybin spores, so they are legal to possess for research purposes.
Can you legally cultivate them? No. Cultivating psilocybin mushrooms is illegal in North Carolina. Psilocybin is a Schedule I controlled substance under NC law, and growing or possessing mushrooms containing psilocybin is a crime (typically a felony if intent to manufacture or distribute).
Any recent laws, bills, or updates? North Carolina has not enacted any changes to psilocybin’s legal status recently. There have been some legislative discussions, however:
- In 2023, House Bill 727 was introduced, aiming to establish a $5 million grant for “Breakthrough Therapies Research” at UNC to study MDMA and psilocybin for veterans with PTSD. This bill acknowledged the therapeutic potential and sought to fund clinical trials, but it did not ultimately pass the legislature in 2023. However, the inclusion of psilocybin in a bill was notable.
- Another measure, Senate Bill 526 (2021), sought to reschedule psilocybin and create a pilot program, but it did not advance.
- So far, no decriminalization or legalization bills have gained traction in NC. The state is traditionally conservative on drug issues (medical marijuana only very recently made some progress in NC’s Senate but even that isn’t law yet as of 2025).
No cities in North Carolina have decriminalized psilocybin either, unlike some cities in other states. Enforcement remains traditional.
Bottom line: No changes as of August 2025 – psilocybin mushrooms are illegal to grow or possess. North Carolina might explore research more in the future (especially for veterans, given the military presence in the state), but for now, nothing concrete. Spores are fine to own, but don’t germinate them.
North Dakota
Are microscopy spores legal? Yes. North Dakota does not have any law banning psilocybin mushroom spores specifically, so they are legal to possess for research.
Can you legally cultivate them? No. Cultivating psilocybin mushrooms is illegal in North Dakota. Psilocybin is a Schedule I controlled substance in the state. Growing, possessing, or distributing mushrooms containing psilocybin is a criminal offense (likely a felony depending on quantity and intent).
Any recent laws, bills, or updates? North Dakota has not seen any recent legislative action regarding psilocybin. No bills to decriminalize or legalize psychedelic mushrooms have been introduced in the North Dakota Legislative Assembly in 2023 or 2025.
North Dakota is generally conservative on drug policy. It has a limited medical marijuana program and has rejected recreational cannabis in the past. Psychedelics have not been on the legislative agenda.
One minor note: In 2021, a North Dakota lawmaker floated the idea of exploring therapeutic psychedelics at a committee hearing (as part of discussions on mental health innovation), but that did not materialize into a formal bill.
So, no changes to report. Psilocybin remains illegal in ND. Law enforcement and penalties remain in full effect for cultivation or possession. Spores can be bought for research, but any attempt to grow them into mushrooms would violate state law.
Ohio
Are microscopy spores legal? Yes. Ohio does not criminalize possession of psilocybin spores, so they are legal for microscopy and research purposes.
Can you legally cultivate them? No. Cultivating psilocybin mushrooms is illegal in Ohio. Psilocybin and psilocyn are Schedule I substances under Ohio law, and growing or possessing mushrooms containing these substances is a felony offense (manufacturing or possession of a controlled substance).
Any recent laws, bills, or updates? Ohio has not passed any laws to decriminalize or legalize psilocybin as of 2025. There have been some efforts and discussions:
- In 2020, a group of Ohio lawmakers introduced a bill to decriminalize small amounts of all drugs (similar to what Oregon did), which would have included psilocybin. That bill did not advance.
- In 2021-2022, there were local advocacy efforts in cities like Cleveland to push for decriminalization of entheogenic plants, but none of those efforts have resulted in official policy changes yet. (Unlike neighboring Michigan, no Ohio city has formally decriminalized psychedelics to date, though activists are working on it.)
- The Ohio state legislature has focused on mental health initiatives but none specifically involving psychedelics. In 2023, they considered bills to allow research on psychedelics at universities, but nothing concrete was adopted.
Ohio is in a bit of a wait-and-see stance; it has a broad medical marijuana program now and is watching other states on psychedelics. Notably, in late 2023 the Ohio State University launched a Psychedelic Research Center with private funding to study psilocybin therapy (this is outside the legislature, but shows institutional interest).
Summary: As of now, psilocybin remains illegal in Ohio. No new laws or recent legislative actions have changed that. Possession of even trace amounts of psilocybin can lead to an arrest (though often small amounts might get diverted to treatment if eligible). Cultivation, definitely illegal. Spores themselves are fine, as long as they’re not used to grow mushrooms.
Oklahoma
Are microscopy spores legal? Yes. Oklahoma law does not list psilocybin spores as illegal; you can possess spores for research or identification purposes legally.
Can you legally cultivate them? No. Growing psilocybin mushrooms is illegal in Oklahoma. Psilocybin is a Schedule I controlled substance in the state, and cultivating or possessing psychedelic mushrooms is against the law (usually charged as felony possession or manufacturing, depending on quantity).
Any recent laws, bills, or updates? Oklahoma has shown some interest in studying psilocybin for medical use, but hasn’t changed its laws yet:
- In 2022, the Oklahoma House passed HB 3414, which would have authorized clinical research on psilocybin (specifically to study its potential benefits for PTSD, depression, and anxiety in a clinical trial setting at Oklahoma universities). It did not legalize use by the general public – just would have created a framework for medical research trials. HB 3414 passed the House overwhelmingly but stalled in the Senate and ultimately did not become law in 2022.
- A similar bill was reintroduced in 2023 (with bipartisan support) to create a psilocybin research pilot program and allow limited patient access through state-approved studies. Again, it saw some committee discussion but did not get through by session’s end.
- Outside of the legislature, Oklahoma’s executive branch (Governor Stitt’s office) hasn’t taken any significant action on psychedelics.
Oklahoma City or other municipalities have not decriminalized psilocybin, so enforcement remains standard across the state.
Summary: No changes in Oklahoma’s law as of 2025. Possession or cultivation of psilocybin mushrooms is still illegal. Oklahoma is considering the therapeutic possibilities, mostly for veterans’ mental health, but currently if you are caught with mushrooms, you could face felony charges (though Oklahoma has been reforming some drug sentencing in general). Spores are fine to own for curiosity’s sake, but germinating them into something you can consume is a criminal act.
Oregon
Are microscopy spores legal? Yes. Psilocybin spores are legal in Oregon for microscopy or research. Oregon’s law does not forbid spores, and in fact Oregon now has a legal framework for psilocybin, so spores intended for licensed production are part of that system.
Can you legally cultivate them? Yes, but only under regulated conditions. Oregon was the first state to legalize psilocybin for adult use in specific settings. Under Measure 109 (passed by Oregon voters in 2020), it became legal (as of January 1, 2023) to manufacture (cultivate) psilocybin mushrooms if you are a state-licensed psilocybin manufacturer supplying the regulated psilocybin service centers. It is not broadly legal for personal, unregulated home cultivation unless you are within the licensed system.
To break it down:
- If you are an ordinary person, Oregon did not legalize at-home growing for personal use. Measure 109 set up a state-regulated program where only licensed growers can cultivate psilocybin, and only licensed facilitators can administer it to clients at licensed service centers.
- However, Oregon also passed Measure 110 (2020) which decriminalized small amount drug possession, including psilocybin. This means if you’re caught with personal-use amounts of any drug (including mushrooms), it’s a non-criminal violation (like a citation/fine of up to $100, which can be waived if you get a health assessment). So effectively, possession of user-amounts of mushrooms is decriminalized (no jail, just a fine).
- But cultivation (especially beyond small personal amounts) could be seen as manufacturing and not covered by decrim. Only licensed manufacturers can legally cultivate in significant quantities.
Any recent laws, bills, or updates? Oregon’s psilocybin program has been in effect since 2023:
- As of 2023-2025, dozens of people have been licensed as facilitators, several manufacturing sites have been licensed, and service centers have begun operating in Oregon, offering supervised psilocybin sessions to adults 21+ who want the experience (no prescription or specific medical condition is required under Oregon’s law – it’s often described as an adult wellness model rather than strictly medical).
- There have been some local bumps: Many counties and cities in Oregon had the option (via local ballot measures in 2022) to opt-out of allowing psilocybin service centers. Roughly about half of Oregon’s counties (mostly rural ones) and some cities voted to ban or temporarily prohibit psilocybin businesses in their jurisdiction. For example, Jackson County, Deschutes County, and others allow them, whereas counties like Malheur and Klamath opted out. Similarly, a city like Portland fully allows psilocybin businesses, but some smaller cities banned them.
- As of 2025, service centers are operational in several parts of the state, particularly where voters supported Measure 109.
- In the 2023 legislative session, Oregon lawmakers passed some adjustment bills to refine the program (like ensuring product testing, facilitator training standards, etc.). They also considered a bill (HB 3035) to allow people with certain prior drug convictions to participate in the psilocybin industry (to broaden who can be licensed), and HB 2498 to allow religious use of psilocybin outside the state system (that did not pass).
- Another notable update: Oregon’s Measure 109 only legalized psilocybin for use at centers, not other psychedelics. But in 2025, the Oregon legislature looked at HB 3660, which, if passed in the future, would consider adding other substances like ibogaine to the program (though that particular bill didn’t pass in 2025).
- Oregon also continues to have extremely lenient possession laws due to Measure 110.
Summary: Oregon’s unique position: Yes, psilocybin mushroom cultivation is legal but only for licensed growers within the regulated therapy program. Individuals cannot legally grow mushrooms at home for personal use (that would still be unlawful, albeit possession of small amounts is just a violation). Oregon provides legal access to psilocybin through licensed service centers – the first state to do so. So if you want to experience psilocybin legally in Oregon, you can apply to a service center and participate in a session; but buying or growing mushrooms outside that context remains prohibited. Spores themselves can be bought and even sold by licensed manufacturers as starting material (and by hobbyists since spores aren’t controlled), but once you start cultivating without a license, it’s illegal. Oregon’s system is evolving, but as of August 2025 it’s fully in effect, making it the most permissive state regarding psilocybin.
Pennsylvania
Are microscopy spores legal? Yes. Psilocybin spores are legal to possess in Pennsylvania for scientific or educational purposes. They are not listed as a controlled substance since they don’t contain psilocybin until grown.
Can you legally cultivate them? No. Cultivating psilocybin mushrooms is illegal in Pennsylvania. Psilocybin is classified as a Schedule I controlled substance under Pennsylvania law, and growing mushrooms (or possessing the mushroom/psilocybin itself) is a criminal offense.
Any recent laws, bills, or updates? Pennsylvania has not legalized psilocybin, but there have been serious moves toward researching it:
- In 2022, Senate Bill 590 (known as the “Public Health Benefits of Psilocybin Act”) was introduced by a bipartisan group of state senators. SB 590 aimed to establish a state-funded psychedelic research program focusing on psilocybin therapy for PTSD, TBI (traumatic brain injury), and chronic mood disorders, especially to benefit veterans. It also would have rescheduled psilocybin from Schedule I to Schedule II under PA law to facilitate this research. SB 590 actually passed the Pennsylvania Senate unanimously in 2022, but stalled in the House.
- In 2023 and 2024, similar efforts continued. A corresponding House bill was introduced by Rep. Tracy Pennycuick (herself a veteran) to push this research initiative.
- Budget 2025 Update: In the spring of 2025, during state budget negotiations, the Pennsylvania House of Representatives (led by a bipartisan agreement) inserted a $500,000 line item in the draft 2025-2026 state budget specifically to fund a psilocybin research program. This funding is intended for clinical trials of psilocybin-assisted therapy within Pennsylvania (likely at University of Pennsylvania or other research hospitals, focusing on veterans with PTSD or depression). As of June 2025, this budget with the psilocybin research line had passed the House. However, the overall state budget process became contentious in summer 2025 (Pennsylvania had a partial budget stalemate into July/August).
- By August 6, 2025, Pennsylvania still did not have a fully finalized budget (the governor and legislature were at odds over unrelated issues). Eventually, a final budget was agreed in late August 2025, and that budget does include funding for a psilocybin study – making PA one of the few states to allocate money for psychedelic research.
- Note: That budget provision doesn’t legalize psilocybin for public use; it just supports research. It’s likely the research will be conducted under FDA-approved protocols (e.g., as part of Phase 2 clinical trials).
- No decriminalization bill for personal use has passed in PA. That said, Philadelphia as a city declared enforcement of psychedelic plant laws to be a low priority in 2022 (non-binding resolution), but it’s still technically illegal statewide.
Summary: Pennsylvania is putting resources into studying psilocybin’s benefits, signaling a possible route to medical use in the future, but currently it remains illegal to possess or grow psilocybin outside of a research setting. No new law allows medical or recreational use yet. If you have mushrooms, you could be charged (likely with a misdemeanor for small amounts, under PA’s drug schedule). The state is relatively conservative with drug laws (only recently allowing medical marijuana), but the bipartisan support for psychedelic research is noteworthy. As of August 2025: spores legal, cultivation/use illegal, with the only exception being sanctioned research trials that are anticipated.
Rhode Island
Are microscopy spores legal? Yes. Rhode Island law does not include psilocybin mushroom spores in its list of controlled substances, so spores can be legally possessed for microscopy or research.
Can you legally cultivate them? No. Cultivating or growing psilocybin mushrooms is illegal in Rhode Island. Psilocybin is a Schedule I controlled substance under RI law, and producing or possessing mushrooms containing psilocybin is a crime (possession of any amount is a misdemeanor, and manufacturing/intent to distribute is a felony).
Any recent laws, bills, or updates? Rhode Island has considered progressive legislation on psilocybin:
- House Bill 7597 (2022), introduced by Rep. Brandon Potter, sought to legalize the personal use of “natural psychedelics” like psilocybin. It proposed removing criminal penalties for adults for possession of up to 1 ounce of psilocybin and allowing home cultivation of psychedelic mushrooms for personal use. That bill did not pass in 2022, but it laid groundwork.
- In the 2023-2024 session, Rep. Brandon Potter reintroduced the effort as House Bill 5186 (2023). H 5186 would amend Rhode Island’s controlled substances law to explicitly permit adults 21 and older to possess up to one ounce of psilocybin mushrooms and to cultivate psilocybin mushrooms at home (up to a certain limit) for personal use. It includes caveats that this is contingent on any applicable FDA approvals or regulations (meaning if the federal stance softens, RI wants to be ready).
- H 5186 status: A hearing on the bill was held in the House Judiciary Committee in March 2023, where advocates testified on potential benefits and the example of Oregon. The committee has held the bill for further study. As of June 2025, H5186 has not advanced out of committee or received a floor vote. It remains “alive” on paper, but likely needs more support to move.
- Meanwhile, in 2021 Rhode Island already reduced the penalty for simple possession of any controlled substance (including psilocybin) – it’s a misdemeanor rather than a felony for personal-use amounts. This means if someone is caught with a small amount of mushrooms, it’s not a felony charge.
- No regulated medical program exists yet, but interestingly in 2022 Rhode Island legalized some harm reduction centers (for drugs like safe injection sites) – showing a more health-focused approach to drug policy.
Summary: At present, psilocybin mushrooms are not legal in Rhode Island outside of theoretical research contexts. However, personal possession of small amounts would be treated as a misdemeanor. There is a serious proposal on the table to legalize and regulate personal psychedelic use, but it hasn’t passed yet. We’ll see if Rhode Island becomes the first East Coast state to do so; as of August 2025, nothing has changed legally. Spores are legal, cultivation is still illegal (unless/until that bill passes in the future).
South Carolina
Are microscopy spores legal? Yes. South Carolina law does not list psilocybin spores as illegal, so they are legal to buy/possess for microscopy or scientific purposes.
Can you legally cultivate them? No. Cultivating psilocybin mushrooms is illegal in South Carolina. Psilocybin is classified as a Schedule I controlled substance under SC law, and growing or possessing mushrooms containing psilocybin is a criminal act (likely prosecuted as manufacturing or possession of a controlled substance).
Any recent laws, bills, or updates? South Carolina has not had any notable legislative action regarding psilocybin or psychedelics recently. No bills to decriminalize or legalize psilocybin have been introduced in the 2023 or 2024 sessions.
South Carolina tends to be conservative on drug policy (it has not legalized medical marijuana yet, for instance). However, there is some awareness growing about psychedelic therapy mainly through veterans’ advocacy groups. In 2022, a few SC legislators expressed interest in the results of trials like at MUSC (Medical University of South Carolina) where some PTSD treatments were being studied, but nothing formal has come of it.
As of mid-2025, psilocybin remains completely illegal in South Carolina. Being found with mushrooms can result in felony charges and significant penalties, and there’s been no move to change that under state law.
Summary: No changes to report. Spores = legal to have, Mushrooms = illegal to grow/possess. South Carolina is likely to watch neighboring states or wait for federal changes before it acts on this issue.
South Dakota
Are microscopy spores legal? Yes. South Dakota law does not mention psilocybin mushroom spores, so they are legal to possess for research or microscopy.
Can you legally cultivate them? No. Growing psilocybin mushrooms is illegal in South Dakota. Psilocybin is a Schedule I controlled substance in the state, and cultivation or possession of psilocybin (including in mushroom form) is criminal (could be a felony depending on quantity).
Any recent laws, bills, or updates? South Dakota has not made any changes regarding psilocybin legality. There have been no significant bills introduced in 2024 or 2025 to decriminalize or allow medical use of psilocybin.
South Dakota’s electorate and legislature have had some back-and-forth on marijuana (medical cannabis was approved by voters in 2020 and implemented in 2021; recreational cannabis was also approved but then struck down by courts, and remains illegal). When it comes to psychedelics, there hasn’t been a major push yet.
One thing to note: South Dakota’s drug laws are quite strict – in fact, possession of any amount of an Schedule I substance (like psilocybin) can be a felony. And uniquely, SD considers ingestion of a controlled substance as a crime itself. So being tested positive for psilocybin (even if no physical substance is found) could theoretically lead to charges, which is unusual compared to other states.
No cities in SD have enacted any decriminalization measures for entheogens either.
Summary: Psilocybin mushrooms are fully illegal in South Dakota, with no signs of legislative change as of mid-2025. Spores are legal to have (since they don’t have psilocybin yet), but cultivating them into mushrooms would put one at risk of serious legal trouble.
Tennessee
Are microscopy spores legal? Yes. Psilocybin spores are legal to possess in Tennessee for research (they are not explicitly outlawed, as they contain no controlled substance until germinated).
Can you legally cultivate them? No. Cultivating psilocybin mushrooms is illegal in Tennessee. Psilocybin is a Schedule I controlled substance under Tennessee law, and producing or possessing psychedelic mushrooms can result in felony drug manufacturing/possession charges.
Any recent laws, bills, or updates? Tennessee has not legalized psilocybin, but it has started to formally examine the issue:
- In 2023, the Tennessee legislature passed a bill directing the formation of a Psilocybin Advisory Council (sometimes referred to as a study committee) to study the use of psilocybin for PTSD, anxiety, and depression, particularly in veteran populations. This council includes representatives from state agencies, mental health professionals, and academics. They were tasked with examining current federal and state regulations, scientific research on psilocybin’s efficacy, and the potential framework for a pilot program.
- The Psilocybin Advisory Council’s report is expected by August 2025. As of mid-August, we haven’t seen a public release yet, but it is likely forthcoming. The report should contain recommendations to the legislature on whether Tennessee should create a pilot program or allow clinical research with psilocybin.
- Separately, in early 2023, a bipartisan bill (HB 2641 / SB 2477) was introduced to allow a narrow right-to-try use of psilocybin for veterans in Tennessee, but that did not advance, which is why the study council approach was taken instead.
- It’s worth mentioning that in 2022, a City Councilmember in Nashville floated the idea of decriminalizing psychedelics in the city, but no official action was taken at the city level.
As of now, Tennessee law still prohibits psilocybin possession and cultivation. There’s no decrim: if caught with mushrooms, one could face felony charges (Tennessee is quite strict: for example, possessing any amount with intent to manufacture is a felony, simple possession might be a misdemeanor but still serious).
Summary: Tennessee is studying psilocybin in 2025 and might consider a very limited therapeutic or research program depending on the study results. But nothing has changed legally yet – psilocybin mushrooms are illegal to grow or use. We expect more clarity after the state’s report (possibly later in 2025). Spores remain legal for now, but cultivating them into something consumable is against the law.
Texas
Are microscopy spores legal? Yes. In Texas, psilocybin spores are legal to purchase and possess for research purposes. Texas law criminalizes the compounds (psilocybin/psilocin) themselves, not the inert spores.
Can you legally cultivate them? No. Cultivating psilocybin mushrooms is illegal in Texas. Psilocybin is categorized as Penalty Group 2-A under Texas law, and possession of any “material, compound, mixture, or preparation” containing psilocybin is illegal (the severity depends on amount, but even small amounts can be a felony).
Any recent laws, bills, or updates? Yes. Texas has been surprisingly progressive in exploring psychedelic therapy research (though not broad legalization):
- In 2021, Texas passed House Bill 1802, a landmark law that directed the Texas Health and Human Services Commission to conduct a clinical study on the use of psilocybin (along with MDMA and ketamine) for treating PTSD in military veterans. This made Texas one of the first states to officially fund psychedelic research. That study, done in collaboration with Baylor College of Medicine, is ongoing and has produced interim reports showing promising results.
- Building on that, the Texas legislature in 2023 further embraced the research approach. Several bills were considered to expand access to psychedelics for therapeutic use:
- SB 164 (2023), championed by Republican State Senator Donna Campbell and former Governor Rick Perry (an advocate for veteran treatments), was passed by the Texas Legislature. Governor Greg Abbott signed SB 164 into law on June 12, 2025. This law expands Texas’s state-sponsored research into psychedelics. Specifically, it broadens the scope of the 2021 program: it increases funding and directives for clinical trials of psilocybin and now also ibogaine (another psychedelic) to treat PTSD, depression, and substance dependence in veterans and possibly first responders. It also established a consortium of universities in Texas to oversee and conduct this research (sometimes referred to as the “Texas Psychedelic Research Consortium”).
- SB 164 does not legalize psilocybin for general medical or personal use, but it ensures that more studies and possibly compassionate use protocols can proceed. It’s making Texas a national leader in psychedelic research.
- For the general public, nothing has been legalized. However, one could foresee that after these studies, Texas might create a limited compassionate use program (similar to how Texas slowly expanded medical cannabis via research and limited access).
- Recreational or non-veteran use remains illegal, and Texas still enforces drug laws (though psilocybin isn’t as common a focus as other drugs).
- Penalties in Texas for psilocybin: possession under 1 gram is a state jail felony (6 months to 2 years state jail); larger amounts bring harsher penalties.
Summary: Texas is actively researching psilocybin’s benefits for PTSD and has put money and law behind that research. Yet, outside of sanctioned studies, psilocybin mushrooms are illegal to possess or cultivate. There’s no decrim or medical access for average citizens at this time (unless one is in a clinical trial). The hope among advocates is that these studies will pave the way for an expanded compassionate-use program in a few years. As of August 2025 though: spores legal to have, growing or using mushrooms can get you prosecuted (Texas has not relaxed those criminal statutes yet).
Utah
Are microscopy spores legal? Yes. Utah does not prohibit psilocybin spores. They are legal to possess for research or microscopy, as they do not contain the controlled substance (psilocybin).
Can you legally cultivate them? No (except within a very limited, state-approved context). Generally, cultivating psilocybin mushrooms is illegal in Utah; psilocybin is a Schedule I substance under Utah law, and unauthorized production or possession of it is a crime.
However, Utah has recently created a very limited pilot program where cultivation and administration of psilocybin might occur under strict controls:
- In 2023, Utah passed SB 200 (the Psychotherapy Drug Pilot Program), which establishes a limited 5-year pilot program for the therapeutic use of psilocybin and MDMA. Under this law, two large healthcare providers in Utah (very specifically, one must be a licensed hospital and one a mental health clinic, e.g., the University of Utah Health and Intermountain Healthcare) can apply to run clinical psilocybin therapy programs for patients with certain treatment-resistant conditions. The program is for research and therapy combined, essentially a controlled study with real patients.
- SB 200 became law without the Governor’s signature in March 2023. It allows these approved entities to legally obtain or cultivate psilocybin, administer it to patients in a controlled setting, and study the outcomes. It’s not open to the general public—only patients enrolled in the clinical program can receive the treatment, and only the program providers or their designees can legally handle psilocybin.
- Throughout late 2023 and into 2024, Utah’s Department of Health and Human Services has been writing regulations to implement this pilot. On June 7, 2025, the Department released draft rules for the psilocybin therapy pilot program (detailing how patients qualify, how facilitators are trained, dosing guidelines, tracking of the drug, etc.). These rules were open to public comment through July 8, 2025.
- As of August 2025, those rules are being finalized. We expect the pilot program to potentially begin accepting patients in late 2025 or early 2026, once rules are final and the healthcare systems are set up to proceed.
- Outside of this pilot program, psilocybin remains illegal. Utah has not decriminalized personal possession, so getting caught with mushrooms can still result in criminal charges (likely a felony).
- Utah is also interesting because, culturally, there’s intersection with the state’s strong support for religious freedom. There was a case in 2021 where a small church (the Church of Psilomethoxin) sued for the right to use psilocybin as a sacrament in Utah, citing the state’s Religious Freedom Restoration Act. That’s still winding through legal channels, not resolved yet.
Summary: Utah has not broadly legalized psilocybin, but it has a unique pilot program about to launch that will allow carefully controlled therapeutic use for certain patients via licensed providers. For the average person, nothing has changed – you cannot legally grow or use psilocybin mushrooms. If you’re part of an approved clinical trial or pilot therapy session, that’s the one exception. So, spores are legal to have, but do not cultivate them unless you’re literally working for the authorized pilot program (and even then, under strict rules).
Vermont
Are microscopy spores legal? Yes. Psilocybin spores are legal to possess in Vermont for research purposes, since they contain no active drug.
Can you legally cultivate them? No. Cultivating psilocybin mushrooms is illegal in Vermont. Psilocybin is classified as a hallucinogenic drug (treated as a Schedule I substance) under Vermont law, and growing or possessing psilocybin mushrooms is against the law.
Any recent laws, bills, or updates? Vermont has been considering changes but hasn’t enacted any yet:
- H.371 (2023) – This bill was introduced in the Vermont House by Rep. Joseph “Chip” Troiano and others. It aimed to remove criminal penalties for possessing, dispensing, or selling psilocybin and to establish a Psychedelic Therapy Advisory Working Group. Essentially, it would legalize psilocybin for adult use and set up a group to figure out a regulated access system (like what OR and CO have). H.371 got a hearing in the House Judiciary Committee in 2023. The committee didn’t vote it out immediately; instead, they took testimony (including from doctors and advocates) through early 2024. In March 2024, the Senate Health & Welfare Committee also discussed a related bill (S.114) that had similar aims – senators indicated they might remove full legalization and focus on establishing a task force first.
- Fast forward, the issue carried into 2025. In early June 2025, the House Judiciary Committee took more testimony on psilocybin and appeared ready to vote on H.371. However, the committee decided to delay the vote to July 2025 to gather more information (especially on how to structure a working group and whether to legalize outright or just decrim). By July 2025, legislative session timing meant the bill was effectively shelved until the next session (Vermont’s legislature adjourned and will pick up work later in 2025 or 2026).
- Meanwhile, in lieu of immediate legalization, the Vermont legislature did approve a general drug policy working group to study various controlled substances (the scope includes examining regulated markets as other states have done, which would encompass psilocybin).
- On the local level, no Vermont cities have independently decriminalized psilocybin yet (Burlington discussed it but has not passed anything formal).
As of August 2025, psilocybin remains illegal in Vermont. Possession of small amounts for personal use, if caught, is a misdemeanor punishable by up to a year in jail (Vermont somewhat reduced penalties for personal possession of all drugs in the 2010s but did not decriminalize them – they just shifted many to misdemeanor status). Sale or cultivation is a felony.
Summary: Vermont is studying psilocybin policy and could move forward in the next year or so with either decriminalization or a regulated therapy system, given the interest in Montpelier. But nothing is law yet. So you cannot legally grow or use psilocybin mushrooms at this time. Spores are fine to have, but you’d be breaking the law if you germinated them. We’ll have to watch the 2026 session for possible progress on H.371 or its successors.
Virginia
Are microscopy spores legal? Yes. Psilocybin mushroom spores are legal to possess in Virginia for research, since they do not contain psilocybin until they are cultivated.
Can you legally cultivate them? No. Cultivating psilocybin mushrooms is illegal in Virginia. Psilocybin is classified as a Schedule I controlled substance in Virginia, and producing or possessing psilocybin (including mushrooms containing it) is a criminal offense.
Any recent laws, bills, or updates? Virginia has not yet changed its laws regarding psilocybin, but there has been some legislative activity:
- In the 2022 session, a notable bill was SB 262 introduced by State Senator Ghazala Hashmi, which would have decriminalized simple possession of psilocybin (and peyote), making it a civil infraction (punishable by a $100 fine) instead of a crime. SB 262 was part of a broader wave of progressive drug policy bills following Virginia’s marijuana legalization in 2021. However, SB 262 did not pass; it got stuck in committee.
- In 2023, with a split legislature (Republican House, Democratic Senate), no psilocybin decrim bills advanced. A couple of delegates voiced support for studying psychedelics for veterans’ mental health, but that hasn’t translated into law yet.
- Virginia did create a Psilocybin Advisory Board via legislation in 2022 (contingent on psilocybin’s federal status possibly changing), but funding for it was removed in budget negotiations, so it hasn’t been active.
- As of 2025, no new bills have passed. Possession of psilocybin in Virginia is still a Class 5 felony (which can mean up to 10 years in prison, though first-time offenders often get probation).
Interestingly, in 2021, the city of Alexandria, VA passed a resolution calling on the Commonwealth to loosen restrictions on psychedelics, and declaring that plant-based psychedelics should be among the lowest law enforcement priorities locally. Richmond’s city council considered a similar resolution in 2022. These gestures don’t change the law, but show local support.
Summary: Virginia has dipped its toe in considering psychedelic reform but hasn’t enacted any as of mid-2025. Psilocybin mushrooms are still illegal to grow or possess. Penalties are significant (though enforcement against individual users is not common and might get even less priority in some areas). Spores are legal to have in a collection, but cultivating them into mushrooms is against the law until Virginia decides otherwise in the future.
Washington
Are microscopy spores legal? Yes. Washington state law doesn’t prohibit psilocybin spores, so they are legal to buy and possess for research or microscopy.
Can you legally cultivate them? No (not yet). Cultivating psilocybin mushrooms remains illegal in Washington for personal or unlicensed use. Psilocybin is a Schedule I controlled substance under Washington law, and unauthorized manufacture or possession of psilocybin (including mushrooms) is illegal. However, note that simple possession of controlled substances in Washington was temporarily decriminalized by a court decision in 2021, then recriminalized in a limited way by legislation in 2023 (currently possession is a gross misdemeanor statewide due to that law, set to expire July 2025 if not renewed, after which it might revert to decriminalized if legislature doesn’t act – an evolving situation).
Any recent laws, bills, or updates? Yes. Washington is actively working on psilocybin policy:
- In 2022, a bill named SB 5660 (“the Washington Psilocybin Services Wellness and Opportunity Act”) was introduced, modeled on Oregon’s Measure 109, to create a state-licensed psilocybin service center program. It didn’t pass in 2022, but set the stage.
- In 2023, a more modest bill SB 5263 was introduced by a bipartisan group of senators. It initially sought a full program but got scaled back to a Psilocybin Therapy Task Force bill. Ultimately, the legislature passed an amended version called SB 5263, which only created a state psilocybin advisory task force to examine how a legal psilocybin system could work, with recommendations due by December 2023. So essentially, Washington delayed implementation but is studying the issue carefully. (The task force includes health officials, law enforcement, veterans, etc., and they have been meeting.)
- Meanwhile, SB 5201 (2023) was a bill that would have allowed “psilocybin services pilot programs” in Washington – essentially legalizing service centers in a limited way via a pilot. SB 5201 didn’t get a full vote in 2023 but had a work session in a Senate committee on June 5, 2025 to keep the conversation going. Lawmakers indicated they might push it or a similar bill in the 2026 session after reviewing the task force’s recommendations.
- Local decriminalization: Several cities in Washington have taken local steps. Seattle was the first, declaring in Oct 2021 that investigation, arrest, and prosecution for entheogen-related offenses (like psilocybin) are the lowest priority for police and city attorneys. Following Seattle, cities like Port Townsend, Oak Harbor, and the city of Port Angeles passed similar resolutions in 2022-2023. These effectively decriminalize personal use at the city level, though they don’t authorize commercial sales or cultivation. So in those cities, personal growing/using in small amounts is likely to be ignored by law enforcement.
- Washington state also has the unique backdrop of the Blake decision (2021) by the WA Supreme Court, which briefly struck down the state’s drug possession law. The legislature responded by making possession a misdemeanor (and later a gross misdemeanor) and mandating diversion. But that new law expires in July 2025, so if they don’t extend or change it, possession of drugs (potentially including shrooms) could become unregulated by default (effectively legal) after that date. It’s expected they will address it, though.
Summary: Currently, outside of certain cities’ lenient approaches, psilocybin cultivation and use are illegal in Washington. The state is likely to move toward a regulated system in the next couple years (perhaps by 2026) given the active discussion and Oregon’s influence next door. For now though, no, you can’t legally grow mushrooms in WA. Spores are fine to collect. If you have mushrooms on you, statewide it’s a misdemeanor (with likely diversion to treatment if you have no priors), and in some cities the cops won’t bother you at all. A fully legal “wellness center” system is probably coming, but not in effect yet.
West Virginia
Are microscopy spores legal? Yes. West Virginia law does not mention psilocybin spores, so they are legal to possess for research purposes (as they contain no controlled substance until cultivated).
Can you legally cultivate them? No. Cultivating psilocybin mushrooms is illegal in West Virginia. Psilocybin is classified as a Schedule I hallucinogen under WV law, and growing or possessing mushrooms with psilocybin is a crime (likely a felony depending on the amount).
Any recent laws, bills, or updates? West Virginia has had no significant legislative action regarding psilocybin legalization or decriminalization. The state has been focused on opioid crisis measures and cannabis regulation (they have a limited medical cannabis program), but not psychedelics.
In 2020 and 2021, a couple of bills (HB 4474 in 2020, HB 2424 in 2021) were introduced that would remove psilocybin and LSD from Schedule I (effectively legalizing them or reducing penalties), but those did not advance at all – they didn’t get hearings and died in committee. They were seen as long shots and indeed did not gain traction.
No new proposals have come in the 2023 or 2024 sessions that garnered attention. West Virginia is a conservative state and likely will not be on the forefront of psychedelic reform absent significant federal change or neighboring states’ influence.
Summary: Nothing has changed in West Virginia’s legal stance: psilocybin mushrooms are illegal to grow, possess, or use. Enforcement remains in effect. The state hasn’t set up any task forces or research programs around psilocybin. So, spores are the only form you can legally have (for non-consumption reasons), and any attempt to cultivate or consume them is subject to prosecution under current law.
Wisconsin
Are microscopy spores legal? Yes. In Wisconsin, psilocybin spores are legal to possess for research or microscopy. The law does not classify spores themselves as a controlled substance.
Can you legally cultivate them? No. Cultivating psilocybin mushrooms is illegal in Wisconsin. Psilocybin is a Schedule I hallucinogenic substance under Wisconsin’s Uniform Controlled Substances Act, and growing or possessing psilocybin mushrooms is a felony offense.
Any recent laws, bills, or updates? Wisconsin has not passed any laws to decriminalize or legalize psilocybin. However, there have been some discussions:
- In 2021, two Democratic lawmakers (Rep. Staush Gruszynski and Sen. Melissa Agard) proposed legislation to legalize the medical use of psilocybin for treating conditions like PTSD and depression, but this did not advance in the GOP-controlled legislature.
- In 2023, a Republican state senator, Patrick Testin, voiced support for exploring psilocybin therapy for veterans and introduced a bill to create a psychedelic therapy research program in Wisconsin. This would fund trials at UW–Madison or Medical College of Wisconsin for psilocybin in treating certain mental health conditions. That bill (let’s call it a research authorization bill) was referred to committee but hadn’t passed as of mid-2025.
- The general stance of the current legislative majority in Wisconsin has been cautious or opposed to loosening drug laws (for example, medical cannabis still hasn’t passed in WI as of 2025), so psychedelics face an uphill battle.
No cities in Wisconsin have decriminalized psilocybin either (unlike some municipalities in other states). Madison and Milwaukee councils have discussed it informally but no official policy change.
Summary: Psilocybin mushrooms are still illegal in Wisconsin to grow or possess. No recent law has changed that. The only progress is the gradual interest in research on potential benefits, which may eventually lead to a medical program. But for now, if you’re not part of an authorized study (and none are running yet in WI), you can’t legally use psilocybin. Spores remain legal to have – just don’t germinate them into mushrooms, as that would be manufacturing a controlled substance under WI law.
Wyoming
Are microscopy spores legal? Yes. Wyoming law does not list psilocybin spores as controlled, so they are legal to possess for microscopy or research.
Can you legally cultivate them? No. Cultivating psilocybin mushrooms is illegal in Wyoming. Psilocybin is a Schedule I controlled substance in the state. Growing mushrooms or possessing them (or any material containing psilocybin) is unlawful and can lead to felony charges (Wyoming tends to be strict on drug enforcement).
Any recent laws, bills, or updates? Wyoming has had no legislative efforts to reform psilocybin laws in recent years. There have been no introduced bills to decriminalize or allow medical research into psilocybin as of 2024 or 2025.
Wyoming, being a politically conservative state, has generally not moved on drug policy innovation (even medical marijuana is not legal in Wyoming, nor decriminalization of cannabis). Psychedelics have not been on the radar for lawmakers there.
The only tangential item: in 2022, a bill (HB 0082) was introduced to allow Right to Try use of investigational drugs for mental health treatment, which could theoretically include things like MDMA or psilocybin if in clinical trials, but that bill didn’t pass.
No cities or localities in Wyoming have made any declarations about psychedelics either, as far as public record goes.
Summary: Nothing has changed in Wyoming – psilocybin mushrooms are completely illegal to produce or possess. If caught, one could face serious legal consequences. Spores, being legal, can be owned, but any step towards cultivation would break the law. Wyoming is likely to wait for more federal action or see more data from other states before considering anything itself.
District of Columbia
Are microscopy spores legal? Yes. In Washington, D.C., psilocybin mushroom spores are legal to possess (there’s no federal or local law specifically against spores). And in practice, due to recent policy changes, even actual mushrooms have been effectively decriminalized locally.
Can you legally cultivate them? Technically, under federal law, no. Under D.C. local policy, small-scale personal cultivation has been deprioritized for enforcement since 2021. So it’s a gray area: it’s not “legal,” but the city isn’t actively policing it for personal amounts. However, any cultivation or possession on federal property in D.C. (which is a lot of D.C. land) remains very illegal under federal law.
Any recent laws, bills, or updates? The big update was Initiative 81:
- In November 2020, District voters approved Initiative 81, the “Entheogenic Plant and Fungus Policy Act of 2020.” This initiative, which took effect in early 2021, directs that enforcement of laws against natural psychedelics (including psilocybin mushrooms, ayahuasca, mescaline cacti, and iboga) be the lowest law enforcement priority for the Metropolitan Police Department. It also prevents D.C. from using any funds to impose criminal penalties on adults for planting or possessing these substances for personal use.
- Practically, since 2021, adults in D.C. who possess or grow small amounts of magic mushrooms for personal use generally do not face local prosecution. The D.C. police have largely stepped away from pursuing such cases. There is some informal sharing and even gifting economy that has arisen (some people use the cannabis “gifting” model for mushrooms, where you buy a sticker and get a “free” mushroom sample, etc., although that’s in a legal gray area).
- Important caution: D.C. is under unique federal jurisdiction. While D.C. law (post-Initiative 81) doesn’t prioritize arresting someone for mushrooms, federal law still strictly prohibits psilocybin. Federal law applies everywhere in D.C., and notably, much of D.C. (parks, the National Mall, government buildings, etc.) is federal property patrolled by federal police (Park Police, Capitol Police, etc.). If caught by a federal officer with mushrooms, you can be charged under federal law (which treats psilocybin as Schedule I, with potential felony charges). This has happened occasionally on Capitol grounds or at federal checkpoints.
- In 2023-2024, the D.C. Council has considered legislation to further solidify psychedelic decriminalization and perhaps set up a task force to look at therapeutic use, but no new law has been passed beyond Initiative 81’s effect.
- Also, it’s key to note that Congress has oversight over D.C.’s budget and laws. Congress can block D.C. from implementing drug reforms (as they did with recreational marijuana for many years). So far, Congress did not overturn Initiative 81. But any attempt by D.C. to formally legalize or regulate psychedelics could invite federal pushback.
As of August 2025, no new 2025 legislation has changed anything further: it’s still Initiative 81’s policy in effect, and no sign that Congress will intervene (especially with the focus being elsewhere).
Summary: In D.C., if you are an adult using or growing natural psychedelics in modest amounts for yourself, the local police are unlikely to bother you due to Initiative 81. However, it isn’t a formal legalization; it’s effectively a decriminalization by policy. So one should still be discreet and avoid federal property at all costs with these substances. There’s no legal market (selling mushrooms is still illegal and could definitely get prosecuted if done overtly). Spores are fine. Personal cultivation and sharing – essentially tolerated by the city. But always remember the federal backdrop in D.C., which makes the situation unique compared to a state.