Psilocybin remains illegal statewide in California in 2026, though six cities have made personal use their lowest law-enforcement priority.
Psilocybin mushrooms remain illegal in California in 2026, despite years of near-misses in Sacramento. A statewide decriminalization bill (SB 58) cleared the legislature in 2023 but was vetoed by Governor Newsom; a follow-up therapeutic-access bill died in 2024; and a psilocybin pilot program for veterans and first responders stalled in 2025 before formally dying in February 2026. What California does have is local deprioritization: six cities — Oakland, Santa Cruz, San Francisco, Arcata, Berkeley, and Eureka — have directed police to treat personal use of entheogenic plants and fungi as their lowest enforcement priority. That is not legalization, and state law still applies everywhere. The one real change on the books is AB 1103, effective January 1, 2026, which speeds up state approval of federally authorized psychedelic research and sunsets in 2028. No psychedelics measure qualified for the November 2026 ballot. Unusually, California is also one of only four states where psilocybin spores are criminalized. Californians seeking legal, supervised experiences currently travel to Oregon's licensed service centers or Colorado's licensed healing centers.
Possession
Possession of psilocybin mushrooms is a misdemeanor under California Health and Safety Code section 11377, typically punishable by up to one year in county jail and a fine. Six cities have deprioritized enforcement for personal adult use, but those resolutions do not make possession legal anywhere in the state.
Cultivation
Cultivating psilocybin mushrooms — including growing them from spores or mycelium — is a crime under Health and Safety Code section 11390, chargeable as a misdemeanor or a felony.
Retail / purchase
No purchase of psilocybin in any form is legal in California; the state has no licensed dispensaries, service centers, or therapeutic-access program. The only mushroom products sold openly are functional (non-psychoactive) mushroom supplements and amanita muscaria products — and amanita edibles, while not a controlled substance, are not an FDA-authorized food ingredient (see below). Storefronts and delivery services that advertise psilocybin chocolates or 'mushroom' edibles containing psilocybin are operating illegally regardless of any city resolution.
Local decriminalization
Oakland · Santa Cruz · San Francisco · Arcata · Berkeley · Eureka
Spores
California is one of four states that criminalize psilocybin mushroom spores, alongside Georgia, Idaho, and Florida, which added its own spore ban in 2025. California does not schedule spores themselves; instead Health and Safety Code section 11390 makes it a crime to cultivate spores or mycelium capable of producing psilocybin mushrooms with intent to produce psilocybin, and section 11391 makes it a crime to sell, give away, import into the state, or transport for sale such spores for the purpose of facilitating that cultivation. Because shipping spores into California can itself be charged under section 11391, the 'microscopy and taxonomy' framing that keeps spore sales legal in most states does not protect a California sale, and mainstream spore vendors will not ship here. Idaho goes further still and treats the spores themselves as a controlled substance.
Amanita muscaria
Amanita muscaria is not a controlled substance in California or under federal law, and Louisiana remains the only state that bans it outright. That is not the same as approved: on December 18, 2024 the FDA issued a letter to industry concluding that A. muscaria, its extracts, and its constituents muscimol, ibotenic acid, and muscarine are not Generally Recognized As Safe and are unapproved food additives, so foods containing them are adulterated under the Federal Food, Drug, and Cosmetic Act and subject to enforcement; the FDA said it is separately evaluating their use in dietary supplements. Amanita muscaria is genuinely toxic — reported adverse events include sedation, seizures, and hospitalization — so 'legal' here means unscheduled, not tested or safe.
Recent changes
SB 58, a statewide decriminalization bill, passed the legislature but was vetoed by Gov. Newsom in October 2023; SB 1012, a regulated therapeutic-access bill, died in Senate Appropriations in May 2024; SB 751, a psilocybin pilot program for veterans and former first responders, was held in Senate Appropriations in May 2025 without being designated a two-year bill, and formally failed on February 2, 2026, when it was returned to the Secretary of the Senate under Joint Rule 56. The one enacted change is AB 1103 (Chapter 571, Statutes of 2025), signed in October 2025 and effective January 1, 2026, which lets the Research Advisory Panel of California expedite review of federally authorized Schedule I and II research — including psilocybin, MDMA, and ibogaine studies — with those provisions sunsetting January 1, 2028. AB 1103 creates no public or therapeutic access. Advocates have discussed a statewide ballot measure since 2023, but no psychedelics measure is among the 14 propositions certified for the November 3, 2026 ballot.
Simple possession is generally a misdemeanor carrying up to one year in county jail and a fine of up to $1,000, while cultivation and sale can be charged as felonies.
Legal options for California residents
The nearest genuinely legal psilocybin access for California residents is at licensed psilocybin service centers in Oregon (open to visiting adults 21+, no residency requirement) or licensed healing centers in Colorado. At home, the only unscheduled options are functional mushroom supplements and amanita muscaria products, and amanita is not an FDA-authorized food ingredient. Psilocybin spores are not legal to sell or ship into California, unlike in most states.
See also: can you buy magic mushrooms online legally? · shroom delivery: legal or scam?
FAQ
Are shrooms legal in California?
No. Psilocybin mushrooms are illegal to possess, grow, or sell anywhere in California as of 2026. Six cities — Oakland, Santa Cruz, San Francisco, Arcata, Berkeley, and Eureka — have told local police to treat personal use as their lowest enforcement priority, but that is a policing policy, not legalization, and state law still applies.
Can I buy magic mushroom spores in California?
No. California is one of four states that criminalize psilocybin spores, along with Georgia, Idaho, and Florida, which added a spore ban in 2025. Health and Safety Code section 11390 bans cultivating spores or mycelium capable of producing psilocybin mushrooms with intent to produce psilocybin, and section 11391 bans selling, importing, giving away, or transporting them for sale to facilitate that cultivation — so the microscopy-use framing that keeps spore sales legal in most states does not protect a California sale, and mainstream spore vendors will not ship to the state.
When will California legalize psilocybin?
There is no set date. Statewide bills failed in 2023 (SB 58, vetoed), 2024 (SB 1012), and 2025-2026 (SB 751, a veterans pilot that officially died in February 2026). The only law that passed, AB 1103 (effective January 1, 2026), speeds up approval of federally authorized psychedelic research but does not create public access. A future ballot measure remains possible, but no psychedelics measure qualified for the November 3, 2026 ballot, so the earliest realistic statewide vote is 2028.
Is psilocybin decriminalized in San Francisco or Oakland?
Both cities have passed resolutions making investigation and arrest of adults for personal use, possession, and cultivation of entheogenic plants and fungi their lowest law-enforcement priority — Oakland in 2019 and San Francisco in 2022. These resolutions reduce the practical risk of local enforcement but do not legalize psilocybin, permit sales, or bind state or federal authorities.
Not sure where to start?
Take the 2-minute ShrooMap quiz for a personalized, medically-reviewed next step — legal options only.
Take the quizSources
- SB 751: Veterans and Former First Responders Research Pilot Program — CalMatters Digital Democracy (failed Feb 2, 2026) (accessed 2026-07-28)
- Newsom Signs Veteran-Backed Bill (AB 1103) to Accelerate Study of Psychedelics for PTSD — Military.com, Oct 16, 2025 (accessed 2026-07-28)
- California Health and Safety Code section 11390 (cultivation of psilocybin spores or mycelium) — California Legislative Information (accessed 2026-07-29)
- California Health and Safety Code section 11391 (sale, import, or transport of psilocybin spores) — California Legislative Information (accessed 2026-07-29)
- California Senators Kill Psychedelic Therapy Pilot Program Bill (SB 751) — Marijuana Moment, May 2025 (accessed 2026-07-29)
- FDA Alerts Industry and Consumers About the Use of Amanita muscaria or its Constituents in Food — U.S. FDA Constituent Update, Dec 18, 2024 (accessed 2026-07-29)
- DeSantis Signs Bill To Criminalize Psychedelic Mushroom Spores In Florida — Marijuana Moment, May 2025 (Florida becomes the fourth spore-ban state) (accessed 2026-07-29)
- Qualified Statewide Ballot Measures (November 3, 2026 General Election) — California Secretary of State (accessed 2026-07-29)
- Advocates for Legalized Psychedelics in California Plan a Ballot Measure Push — KQED (accessed 2026-07-28)