The Law of Psilocybin Mushrooms in California

California residents or visitors to the state who wish to use psilocybin mushrooms or products should be aware of state law before doing so. While the legal status of psilocybin has been gradually shifting in the US, some states have adopted more liberal policies than others.

Psilocybin mushrooms remain illegal at the state level in California, although the psychedelic has been decriminalized in certain cities. Before buying, cultivating, or possessing these mushrooms, it’s vital to understand the law and these exempted jurisdictions.

Is Psilocybin Legal in California in 2027?

Psilocybin remains illegal under state and federal law in California, despite efforts to change its legal status. However, specific local jurisdictions have decriminalized or deprioritized personal possession and cultivation.

How California Classifies Psilocybin and Psilocin

Both psilocybin and psilocin are classified as Schedule I controlled substances under the federal Controlled Substances Act. This means, in the eyes of the law, they have no accepted medical use and a high potential for abuse.

California has not legalized psilocybin and psilocin at the state level. The commercial sale, manufacture, and possession of psilocybin remain illegal statewide. Under California Health & Safety Code § 11390, this includes cultivating any spores or mycelium capable of producing psilocybin mushrooms.

It’s actually legal to purchase psilocybin spores in 46 US states for “microscopy and research purposes”. However, California is one of 4 states where it’s illegal to do so (HSC § 11391). Under Health and Safety Code § 11392, psilocybin spores can only be legally purchased for a bona fide research, instruction, or analysis project approved by the California Research Advisory Panel. California state laws mirror federal scheduling, as both psilocybin and psilocybin are classified as Schedule I compounds. The California Health and Safety Code § 11054(d) has the two chemical compounds itemized as individual, distinct entries.

Is Possessing Psilocybin Mushrooms Legal in California?

No, personal possession of psilocybin mushrooms and psilocybin products is illegal in California.

The quantity of mushrooms possessed does not change the basic offense classification under state law. Possession is treated as a misdemeanor. However, this changes when a large quantity, combined with other evidence, allows prosecutors to charge someone with intent to sell or with cultivation/manufacturing.

Personal-use protections exist, but only at the local city level for the cities we noted above. In these jurisdictions, possession of psilocybin mushrooms is law enforcement’s lowest priority. This doesn’t guarantee possession won’t lead to prosecution, but it dramatically lowers the likelihood of arrest.

Is Selling or Distributing Psilocybin Legal in California?

Selling, transferring, distributing, and gifting psilocybin or psilocybin-producing spores or mycelium are illegal in California. There is no legal, licensed commercial sale of psilocybin in the state. Whenever this occurs, it is always unlicensed. Decriminalization of possession in the aforementioned cities doesn’t permit sales or commercial intent of psilocybin in any way.

Is Growing Psilocybin Mushrooms Legal in California?

No, it is illegal to grow psilocybin mushrooms in California, no matter the quantity.

Cultivation for personal use is decriminalized in the cities we noted. However, no specific statutory limits or weight thresholds automatically distinguish personal cultivation from commercial production. Determining this depends on contextual evidence, such as digital scales, packaging materials, ledgers or transaction records, and large amounts of unexplained cash.

Under California state law, cultivation is treated more severely than possession. Whereas possession is a misdemeanor, cultivation can be charged as either a misdemeanor or felony. The latter charge can result in up to three years in county or state prison, compared to a maximum of one year in a county jail for possession and/or a fine.

While there is limited data for psilocybin-related offenses in California, it’s estimated that the number of people incarcerated for offenses like psilocybin mushroom possession, cultivation, or selling is very low compared to the overall prison and jail population. These would be non-violent offenses, so they don’t often result in prison or jail time.

Is Psilocybin Therapy Legal in California?

The state of California has not legalized therapeutic access to psilocybin. There are no licensed psilocybin therapy services, licenses for producing medical psilocybin, or supervised natural medicine access. No regulated access to psilocybin exists, although groups such as the Heroic Hearts Project have been campaigning and sponsoring bills so that veterans and former first responders in California can access legal psilocybin therapy as a treatment for PTSD.

Psilocybin retreats are available in California, and it’s possible to find them on directories such as Book Retreats, but it should be emphasized that these retreats are illegal nonetheless.

What Legal Psilocybin Options Exist for California Residents?

While California residents cannot access legal psilocybin therapy in the state, they can do so elsewhere in the country.

Regulated Psilocybin Services in Other U.S. States

In Colorado and Oregon, non-residents can access regulated psilocybin services. These involve supervised psilocybin sessions at licensed centers. However, these centers do not sell psilocybin products. You cannot buy and take psilocybin back home with you. The psilocybin mushrooms have to be consumed on-site, under the supervision of a licensed facilitator.

Legal Psilocybin Retreat Destinations Outside the U.S.

Californians can also access legal psilocybin retreats in the Netherlands and Jamaica. MycoMeditations has offered therapeutic psilocybin experiences since 2014, and we've hosted around a hundred residents of California, including former VICE journalist Charlet Duboc, and musician Devendra Banhart. Our experienced therapeutic team and data-backed approach help promote safe, supportive, and transformative experiences.

Legal information changes quickly. This page is educational and is not legal advice.