Are Magic Mushrooms Legal in California? A 2025 Update

In recent years, there has been growing interest in the use of magic mushrooms—also known as psilocybin mushrooms—for both recreational and therapeutic purposes.

As states across the U.S. begin to reconsider their stance on psychedelics, many Californians are left wondering: Are magic mushrooms legal in California?

The answer isn’t simple. While psilocybin remains illegal under both state and federal law, some California cities have taken steps to reduce penalties or enforcement related to personal use.

At the same time, new legislation is in progress that could change the legal landscape in the near future.

This article breaks down the current laws, local exceptions, legislative efforts, and what users should know about the legal status of magic mushrooms in California as of 2025.

Statewide Legal Status

Psilocybin mushrooms are classified as a Schedule I controlled substance in California. This means they are considered illegal to possess, grow, sell, or transport throughout the state. While some other substances have been decriminalized or legalized in recent years, psilocybin remains fully illegal under current California law.

Possession of magic mushrooms can lead to misdemeanor charges, with penalties including up to one year in county jail and fines up to $1,000. In cases involving sale, distribution, or large-scale cultivation, the offense may be prosecuted as a felony, which carries more severe penalties including state prison.

Local Decriminalization – Limited Scope

Although psilocybin is illegal statewide, several California cities have taken steps to decriminalize its personal use. This includes:

Oakland and Santa Cruz, which were among the first U.S. cities to decriminalize possession and cultivation of psilocybin for personal use.

Other cities like San Francisco, Berkeley, and Eureka have followed with similar resolutions, directing law enforcement to make psilocybin-related offenses the lowest priority.

It’s important to note that decriminalization does not mean legalization. It simply means that local police are encouraged not to pursue charges for personal possession or use. These city-level decisions do not override state or federal law.

Statewide Legislative Efforts

In 2023, Senate Bill 58 was introduced in California, proposing the decriminalization of plant-based psychedelics, including psilocybin, for adults over 21. While it passed the legislature, the bill was vetoed by Governor Gavin Newsom due to concerns over safety and the lack of a regulatory framework.

However, Newsom signaled interest in a revised, more controlled approach. As of 2025, lawmakers are working on a new bill focused on therapeutic access to psychedelics, particularly for veterans and those with PTSD. If passed, this would allow the supervised use of psilocybin in clinical settings under trained professionals.

Medical and Therapeutic Use

While California has not legalized the therapeutic use of psilocybin, momentum is building in that direction. Some academic institutions in the state are beginning to offer courses and programs focused on psychedelic studies and mental health applications.

States like Oregon and Colorado have already implemented regulated therapeutic use of psilocybin, and California may follow suit in the next one to two years. Current proposals suggest allowing licensed therapists to administer psilocybin to patients with mental health conditions like depression and anxiety.

What You Can’t Do Right Now?

Here’s a breakdown of what remains illegal in California regarding magic mushrooms:

• Activity Legal Status
• Possession of psilocybin Illegal statewide
• Cultivation (growing mushrooms) Illegal statewide
• Sale or distribution Illegal statewide
• Personal use in cities like Oakland Decriminalized locally
• Supervised therapy with psilocybin Not yet legal

Even in cities where decriminalization has occurred, individuals can still be arrested or charged under state or federal law.

Final Take

As of now, magic mushrooms remain illegal in California, but local reforms and legislative momentum indicate that change could be on the horizon.

Some cities have moved to deprioritize enforcement, and the state is actively exploring therapeutic frameworks that could legalize psilocybin in clinical settings.

Until then, residents should understand that possession or use of psilocybin mushrooms still carries legal risk.

Staying informed about evolving laws and upcoming legislation is crucial for anyone interested in psychedelic policy or mental health reform in California

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