Psilocybin remains illegal to possess in Louisiana in 2026. The state's Psychedelic-Assisted Therapy Initiative (SB 43, Act 956) takes effect August 1, 2026, but it only funds federally authorized psilocybin, ibogaine, and MDMA studies at academic health centers — it creates no legal way to buy or use psilocybin.
Louisiana remains one of the stricter states for psilocybin in 2026, but the picture is no longer static. Magic mushrooms are illegal statewide, and unusually the state bans them twice over: psilocybin and psilocyn sit on Schedule I of the controlled-substances law, and Psilocybe, Panaeolus, Conocybe, and Stropharia species are separately listed as prohibited hallucinogenic plants. No Louisiana city has passed a decriminalization measure, and small-amount possession can mean up to two years in prison, with higher weights and the hallucinogenic-plant statute carrying more. What changed is the state's posture toward research. In June 2026, Senate Bill 43 became law as Act 956 after passing both chambers unanimously, creating a Psychedelic-Assisted Therapy Initiative inside the Louisiana Department of Health. Effective August 1, 2026, the state can steer opioid settlement dollars into federally authorized studies of psilocybin, ibogaine, and MDMA at academic health centers, for opioid use disorders, co-occurring substance use disorders, and treatment-resistant neurological or mental health conditions. This is research support, not legalization: outside an approved study, possession is still a crime. Louisiana is also the only state that names Amanita muscaria in its own prohibition, though that ban carves out decorative use, FDA-recognized homeopathic drugs, and compliant dietary supplements. Spores are not named in any statute, but they are on thinner ice here than in most states.
Possession
Psilocybin and psilocyn are Schedule I controlled substances under La. R.S. 40:964, so possessing psilocybin mushrooms is a crime everywhere in the state. Under La. R.S. 40:966(C)(1), simple possession of an aggregate weight under two grams carries up to two years' imprisonment and a fine of up to $5,000; two grams to 28 grams carries one to ten years. Louisiana also has a second, separate statute: La. R.S. 40:989.1 lists Psilocybe, Panaeolus, Conocybe, and Stropharia species as "hallucinogenic plants," and possessing a material intended for human consumption that contains them carries up to five years and a fine of up to $5,000. Prosecutors can choose between the two.
Cultivation
Growing psilocybin mushrooms is prosecuted as production or manufacture of a Schedule I substance, a felony carrying substantially harsher penalties than simple possession. La. R.S. 40:989.1 separately defines "production" to include planting, cultivating, growing, or harvesting a listed hallucinogenic plant, and producing, manufacturing, or distributing a preparation intended for human consumption that contains one carries two to ten years' imprisonment and a fine of up to $20,000.
Retail / purchase
No purchase of psilocybin in any form is legal in Louisiana — there are no dispensaries, service centers, or licensed retail of any kind. Louisiana is also the only state whose law names Amanita muscaria directly, which narrows what can be sold here: amanita products intended for human consumption are barred unless they fit one of the statute's exemptions (decorative use, FDA-recognized over-the-counter homeopathic drugs, or compliant dietary supplements), and whether amanita gummies qualify for the supplement exemption is unsettled. Functional, non-psychoactive mushroom products such as lion's mane and reishi are unaffected and are sold normally.
Licensed access in Louisiana
- Louisiana Psychedelic-Assisted Therapy Initiative (SB 43 / Act 956) — program. A research initiative enacted at La. R.S. 28:211-212, housed in the Louisiana Department of Health's office of behavioral health, effective August 1, 2026. It identifies academic health centers conducting studies of psilocybin, ibogaine, and MDMA for opioid use disorders, co-occurring substance use disorders, and treatment-resistant neurological or mental health conditions, and helps parishes direct opioid settlement funds toward enrolling eligible residents. Participating centers must operate under an FDA investigational new drug application, expanded access program, or other federally authorized pathway, hold a DEA Schedule I research registration, and obtain Institutional Review Board approval. It is not an access program — the only lawful participation is enrolling in an approved study through a participating academic health center.
Spores
No Louisiana statute names psilocybin spores, and ungerminated spores contain no psilocybin — but Louisiana is a weaker gray zone than most states, not a clearer one. La. R.S. 40:989.1 reaches "any part or portion" of Psilocybe, Panaeolus, Conocybe, and Stropharia species, and the only thing keeping spores outside it is that the statute applies to material intended for human consumption. The protection therefore rests on intended use, not on spores being unlisted. A few states (California, Georgia, Idaho, and Florida are the ones usually cited) ban spores outright and Louisiana is not among them, but that is not the same as spores being clearly lawful here. Germinating spores is felony cultivation, and spores found alongside grow supplies can be treated as evidence of intent.
Amanita muscaria
Louisiana is the only US state whose law names Amanita muscaria directly. Act 159 of 2005, codified at La. R.S. 40:989.1, lists Amanita muscaria — and Amanita pantherina — as "hallucinogenic plants," making it unlawful to produce, distribute, or possess a material intended for human consumption that contains them (possession up to five years; production or distribution two to ten years). The ban is narrower than it is often described. It does not apply to possessing, planting, or growing the mushroom strictly for aesthetic, landscaping, or decorative purposes (subsection D); to any dosage form legally sold without a prescription and recognized by the FDA as a homeopathic drug (subsection E); or to any dosage form labeled as a dietary supplement and manufactured in compliance with the federal Food, Drug, and Cosmetic Act provisions cited in subsection F, which was added by Acts 2023, No. 201. Whether the amanita gummies sold elsewhere in the US actually qualify for that supplement exemption is unsettled, because federal regulators have not accepted Amanita muscaria as a lawful dietary ingredient. Treat in-state amanita sales as legally risky rather than clearly permitted.
Recent changes
The 2026 Regular Session produced Louisiana's first psychedelics law. SB 43 by Sen. Patrick McMath (R-Mandeville), carrying more than 60 co-authors, passed the Senate 37-0 and the House 97-0, became law in June 2026 without Gov. Jeff Landry's signature as Act 956, and takes effect August 1, 2026. It enacts La. R.S. 28:211-212, creating a Psychedelic-Assisted Therapy Initiative in the Department of Health's office of behavioral health that steers opioid settlement dollars into federally authorized psilocybin, ibogaine, and MDMA studies at academic health centers, and lets those centers form drug-development consortia with a royalty of at least 2.5 percent of net sales flowing back to the state. It changed no criminal penalty and created no consumer access. The other statute that shapes the state's market, the 2005 hallucinogenic-plant law, was last amended by Acts 2023, No. 201, which added a dietary-supplement exemption. No decriminalization or legalization measure has advanced at the state or city level.
Simple possession of under two grams of psilocybin mushrooms is punishable by up to two years' imprisonment and up to a $5,000 fine under La. R.S. 40:966(C)(1); two to 28 grams carries one to ten years. Charged instead under the hallucinogenic-plant statute (La. R.S. 40:989.1), possession of a preparation intended for human consumption carries up to five years, and production or distribution carries two to ten years and a fine of up to $20,000.
Legal options near you
The nearest genuinely legal psilocybin access for Louisiana residents is a supervised session at a licensed healing center in Colorado or a licensed service center in Oregon, both of which serve out-of-state visitors. At home, the reliably legal options are functional, non-psychoactive mushroom products such as lion's mane and reishi, since anything containing Amanita muscaria intended for consumption runs into the state's hallucinogenic-plant statute. Louisiana headshops profiled on ShrooMap, like the New Orleans-based chain The Ra Shop (on ShrooMap), are a place to ask, but call ahead — functional-mushroom stock varies by store.
See also: can you buy magic mushrooms online legally? · shroom delivery: legal or scam?
FAQ
Are shrooms legal in Louisiana?
No. Psilocybin and psilocyn are Schedule I substances under Louisiana law, and Psilocybe species are separately listed as prohibited hallucinogenic plants. Possessing, growing, or selling magic mushrooms is a crime statewide. No Louisiana city has decriminalized them, and the state's 2026 research law does not change the rules on personal possession.
Can I get psilocybin therapy in Louisiana?
Not outside an approved study. Act 956, effective August 1, 2026, creates a state Psychedelic-Assisted Therapy Initiative that supports federally authorized studies of psilocybin, ibogaine, and MDMA at academic health centers, for opioid use disorders, co-occurring substance use disorders, and treatment-resistant neurological or mental health conditions. The only lawful in-state route is enrolling in one of those studies. There is no licensed session you can book the way you can in Oregon or Colorado.
Are psilocybin spores legal in Louisiana?
Unclear, and less protected than in most states. No Louisiana statute names spores, but the hallucinogenic-plant law covers "any part or portion" of Psilocybe species and is limited only by whether the material is intended for human consumption — so the argument for spores rests on intended use, not on spores being left off a list. Germinating them into mushrooms is felony cultivation, and possessing spores together with grow equipment can be used as evidence of intent.
Is Amanita muscaria legal in Louisiana?
Mostly no. Louisiana is the only state that names Amanita muscaria in its own statute: under Act 159 of 2005 (La. R.S. 40:989.1) it is illegal to produce, distribute, or possess a material intended for human consumption containing it. There are three exemptions — decorative, aesthetic, or landscaping use; FDA-recognized over-the-counter homeopathic drugs; and dosage forms labeled as dietary supplements that meet the federal manufacturing requirements the statute cites, added in 2023. Whether amanita gummies actually qualify as compliant dietary supplements is unsettled, so in-state sales carry real legal risk.
What is Louisiana's new psychedelic law SB 43?
SB 43, passed unanimously in the 2026 session and enacted as Act 956 effective August 1, 2026, creates a Psychedelic-Assisted Therapy Initiative inside the Louisiana Department of Health's office of behavioral health. It directs opioid settlement money toward federally authorized studies of psilocybin, ibogaine, and MDMA run by academic health centers. It is a research-support law, not legalization — psilocybin remains a Schedule I crime to possess outside an approved study.
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- Act No. 956 (SB 43), 2026 Regular Session — enrolled text enacting La. R.S. 28:211-212, Psychedelic-Assisted Therapy Initiative (Louisiana State Legislature) (accessed 2026-07-29)
- SB43 bill history, 2026 Regular Session — Sen. McMath; Senate 37-0, House 97-0; became law without governor's signature as Act 956, effective 8/1/26 (Louisiana State Legislature) (accessed 2026-07-29)
- La. R.S. 40:989.1 — Unlawful production, manufacture, distribution, or possession of hallucinogenic plants; exceptions (lists Amanita muscaria, Amanita pantherina, Psilocybe spp.; Acts 2005, No. 159, as amended through Acts 2023, No. 201) (accessed 2026-07-29)
- La. R.S. 40:964 — Schedules of controlled dangerous substances (psilocybin and psilocyn in Schedule I) (accessed 2026-07-29)
- La. R.S. 40:966 — Penalties for Schedule I violations, including possession tiers under Subsection C (accessed 2026-07-29)
- Louisiana Bill To Create Psychedelic Therapy Pilot Program Funded By Opioid Settlement Dollars Takes Effect Without Governor's Signature (Marijuana Moment, June 2026) (accessed 2026-07-29)