By: Brad Nakase, Attorney
The war on drugs in the 1970s has been detrimental to the scientific research of psychedelic mushrooms. As of 2022, magic mushrooms are not legal in the US. The DEA states, “Psilocybin is a Schedule I substance under the Controlled Substances Act, meaning that it has a high potential for abuse, no currently accepted medical use in treatment in the United States…” However, scientific interest in magic mushrooms is growing. More importantly, the U.S. Food & Drug Administration has fast-tracked the research and approved psilocybin for research for breakthrough therapy and drug development.
Many people possess shrooms in California. The legal question people frequently ask is magic mushrooms illegal in California. Currently, possessing shrooms or mushroom spores in California is illegal, with exceptions. Below are mushroom possession laws, making it a felony to possess mushrooms in California.
However, as of July 2021, the California Department of Justice is on board with making mushroom psilocin legal. Under California Senate Bill 519, the proposed law making shroom legal in California is as follows: “This bill would make lawful the possession, obtaining, giving away, or transportation of, specified quantities of psilocybin, psilocyn…”
California Health and Safety Code 11390.
Except as otherwise authorized by law, every person who, with intent to produce a controlled substance specified in paragraph (18) or (19) of subdivision (d) of Section 11054, cultivates any spores or mycelium capable of producing mushrooms or other material which contains such a controlled substance shall be punished by imprisonment in the county jail for a period of not more than one year or in the state prison.
California Health and Safety Code 11391
(a) Except as otherwise authorized by law, every person who transports, imports into this state, sells, furnishes, gives away, or offers to transport, import into this state, sell, furnish, or give away any spores or mycelium capable of producing mushrooms or other material which contain a controlled substance specified in paragraph (18) or (19) of subdivision (d) of Section 11054 for the purpose of facilitating a violation of Section 11390 shall be punished by imprisonment in the county jail for a period of not more than one year or in the state prison.
(b) For purposes of this section, “transport” means to transport for sale.
(c) This section does not preclude or limit prosecution for any aiding and abetting or conspiracy offenses.
California Health and Safety Code 11392
Spores or mycelium capable of producing mushrooms or other material which contains psilocyn or psyoclyin may be lawfuly obtained and used for bona fide research, instruction, or analysis, if not in violation of federal law, and if the research, instruction, or analysis is approved by the Research Advisory Panel established pursuant to Sections 11480 and 11481.