Are magic mushrooms legal in California?
No. Psilocybin is illegal under California law: possession is a misdemeanor and selling is a felony. Seven cities have made it a low police priority, and the state now funds veterans research, but Gov. Newsom vetoed decriminalization in 2023 and nothing on the 2026 ballot would change that.
On this page
The short answer
Psilocybin mushrooms are illegal in California. Possession is a misdemeanor that can bring up to a year in county jail, and selling is a felony. There are no licensed service centers like Oregon's and no medical program like the one New Mexico is building.
Californians who order online are breaking state and federal law, and the gray-market products sold in stores carry real risks (more below). The retailer we know best is an online mushroom dispensary with same-day delivery in Los Angeles that offers courier delivery in much of the LA area and ships statewide.
- Status
- Illegal statewide; seven cities deprioritize enforcement
- Possession
- Misdemeanor, up to 1 year in county jail
- Selling
- Felony
- Key laws
- SB 58 vetoed (2023); AB 1103 research review (2025); AB 113 budget, $4.7 million for veterans research (2026)
- Cities that deprioritize
- Oakland, Santa Cruz, Arcata, San Francisco, Berkeley, Eureka, Nevada City
- Last checked
- October 20, 2026
Why California hasn't legalized
In 2023 the Legislature passed SB 58, which would have decriminalized personal possession of natural psychedelics including psilocybin. Gov. Gavin Newsom vetoed it on October 7, 2023, saying he wanted therapeutic guidelines first. Later proposals to create supervised psilocybin pilots, including programs aimed at veterans, did not pass.
Instead, the state has moved on research:
- AB 1103, signed October 10, 2025, speeds up the state's review of psychedelic research proposals.
- AB 113, the 2026 budget bill signed September 18, 2026, includes $4.7 million for veterans psychedelic-assisted therapy research. It legalizes nothing. Read our story.
No psilocybin measure is on California's November 3, 2026 ballot.
California cities that deprioritize psilocybin
Seven California cities have resolutions telling police to treat natural psychedelics as a low or lowest priority. Psilocybin is still illegal in all of them, and sales are never covered.
- Oakland (2019)
- Santa Cruz (2020)
- Arcata (2021)
- San Francisco (2022)
- Berkeley (2023)
- Eureka (2023)
- Nevada City (August 26, 2026)
Los Angeles, San Diego, San Jose and Sacramento have no such measure. City guides: Los Angeles and San Diego. Nationwide list: cities that decriminalized psilocybin.
Gray-market products and state warnings
"Mushroom" gummies and chocolates are sold in some California dispensaries and smoke shops. They're not legal, and they're often not what the label says. In December 2025 the California Department of Public Health told consumers not to eat TRE House brand mushroom gummies, chocolates and syrups after testing found the synthetic compounds 4-AcO-DMT and 4-AcO-DET. Other products sold as "mushrooms" contain Amanita muscaria instead of psilocybin. See fake mushroom products.
Where psilocybin is legal near California
Oregon, California's northern neighbor, runs licensed psilocybin service centers open to adults 21+ from any state. Colorado runs licensed healing centers and allows adults to possess and grow psilocybin. Neither will ship to California or let you take psilocybin home across state lines. Details: Oregon guide, Colorado guide.
Frequently asked questions
Is psilocybin decriminalized in California?
Not statewide. Gov. Newsom vetoed SB 58 in 2023. Seven cities (Oakland, Santa Cruz, Arcata, San Francisco, Berkeley, Eureka and Nevada City) have made psychedelics a low police priority, but possession is still a misdemeanor under state law everywhere in California.
What is the penalty for magic mushrooms in California?
Possessing psilocybin mushrooms is a misdemeanor punishable by up to a year in county jail. Selling them, or possessing them with intent to sell, is a felony. Outcomes vary with the amount and your record; for your own case, talk to a licensed California attorney.
Will California legalize magic mushrooms in 2027?
There's no measure on the 2026 ballot and no bill on track to legalize psilocybin. The state is funding veterans research instead. If the FDA approves a psilocybin medicine, it would be prescribed in clinics, which is different from legalizing mushrooms.
Are mushroom dispensaries legal in California?
No. California doesn't license psilocybin sales, so storefronts selling psilocybin operate illegally, even inside licensed cannabis shops. Some "mushroom" products are legal only because they contain no psilocybin, often Amanita muscaria, which has its own risks.
Sources
- Psychedelics Law and Policy Tracker: California, UC Berkeley Center for the Science of Psychedelics, 2026.
- Magic Mushroom (Psilocybin) Laws by State, RecordingLaw, updated October 11, 2026.
- Newsom signs bill expanding mental health options for veterans, KPBS, September 22, 2026.
- California governor signs bill to promote state psychedelics research, Mugglehead, October 16, 2025.
- Nevada City Council unanimously approves resolution, The Union, August 28, 2026.
- CDPH: Don't eat this brand of magic mushroom gummies, chocolates and syrups, KQED, December 2025.
- Psilocybin decriminalization in the United States, Wikipedia (dates cross-check).