Psilocybin remains illegal in Maine after a 2025 decriminalization bill failed its final enactment votes by razor-thin margins.
Maine is one of the states that nearly changed its psilocybin law recently — and didn't. In June 2025, a bill to decriminalize possession of up to one ounce for adults 21 and older passed both chambers of the legislature by a single vote each, then failed its final enactment votes days later: 74-72 against in the House and a 16-16 tie in the Senate. So as of 2026, psilocybin remains a schedule X drug in Maine, and possession of any amount is a Class D crime carrying up to 364 days in jail. Growing is treated far more harshly: Maine's trafficking definition explicitly covers growing or cultivating a scheduled drug, which makes even a small home grow a Class C crime with a 5-year maximum. There is no medical, therapeutic, or retail program, and no new statewide bill has passed since — the Legislature's 2026 session ended without one, and nothing psilocybin-related qualified for the November 2026 ballot. The one local wrinkle is Portland, where a 2023 city council resolution made enforcement against psychedelic plants and fungi the city's lowest priority — a policy statement, not legalization. What Maine residents can legally buy: psilocybin spores for microscopy, amanita muscaria products, and functional mushrooms. Anyone foraging in Maine's woods should treat unknown mushrooms with caution and verify identification with an expert.
Possession
Possession of psilocybin mushrooms is a crime statewide. Psilocybin is a Schedule X drug under Maine law, and possessing any amount is a Class D crime (Maine's misdemeanor level).
Cultivation
Growing psilocybin mushrooms is illegal in Maine, and the law treats it far more seriously than possession. Maine's definition of "traffick" (17-A M.R.S. §1101(17)) expressly includes "to grow or cultivate" any scheduled drug except marijuana, so cultivating psilocybin mushrooms is unlawful trafficking in a schedule X drug — a Class C crime punishable by up to 5 years and a $5,000 fine — no matter how small the grow is.
Retail / purchase
No form of psilocybin purchase is legal in Maine — there are no licensed dispensaries, service centers, or therapeutic programs. Legal-to-buy items are limited to psilocybin spores for microscopy, amanita muscaria products, and functional (non-psychoactive) mushrooms.
Local decriminalization
Portland (enforcement deprioritized by city resolution, Oct. 2023 — not formal decriminalization)
Spores
Psilocybin spores contain no psilocybin and are not banned under Maine law, so they can be legally purchased and possessed for microscopy and taxonomy research. Maine is not one of the handful of states with a spore-specific ban. Germinating them is a different matter: cultivation falls inside Maine's statutory definition of trafficking, and possessing spores with the intent to grow can by itself support a trafficking charge under 17-A M.R.S. §1101(17).
Amanita muscaria
Amanita muscaria is legal in Maine — it is not a scheduled substance under state or federal law, and gummies and dried caps are sold openly. Louisiana is the only state that bans it. One federal caveat: the FDA has not authorized amanita muscaria as a food ingredient, so edible products like gummies sit in a regulatory gray zone even though the mushroom itself is legal.
Recent changes
Maine came within a handful of votes of decriminalizing psilocybin in 2025. LD 1034, which would have removed penalties for adults 21+ possessing up to one ounce, passed initial House (70-69) and Senate (17-16) votes in early June 2025, but failed its final enactment votes on June 9-10, 2025 (House 74-72 against; Senate tied 16-16), so state law did not change. The Legislature's own bill record lists LD 1034's status as "Enactment Failed, Jun 10, 2025." The Criminal Justice and Public Safety Committee had split three ways on the bill, and its plurality report would have replaced decriminalization entirely with a commission to study a psilocybin services program; the chambers took up the decriminalization text instead, and no commission was ever established. An earlier measure, LD 1914, was likewise reduced to that same study-commission proposal and died upon adjournment of the 131st Legislature on Dec. 4, 2024. Portland's city council passed a non-binding resolution deprioritizing enforcement against psychedelic plants and fungi on Oct. 2, 2023, by a 6-3 vote. The 132nd Legislature's 2026 session ended without enacting any psilocybin law, and no psilocybin question has qualified for Maine's November 2026 ballot.
Possession of psilocybin, a schedule X drug, is a Class D crime in Maine punishable by up to 364 days in jail and a $2,000 fine (17-A M.R.S. §§1107-A, 1604, 1704). Growing or selling it is unlawful trafficking in a schedule X drug, a Class C crime carrying up to 5 years and a $5,000 fine.
Legal options for Maine residents
No New England state offers legal psilocybin access, so the nearest genuinely legal options for Maine residents are licensed psilocybin sessions at Oregon service centers or Colorado healing centers, both open to visitors with no residency requirement. Locally, spores (microscopy only), amanita muscaria, and functional mushroom products are legal to purchase.
See also: can you buy magic mushrooms online legally? · shroom delivery: legal or scam?
FAQ
Are shrooms legal in Maine?
No. Psilocybin mushrooms are illegal to possess, grow, or sell anywhere in Maine as of 2026. A 2025 bill to decriminalize possession of up to an ounce for adults 21+ passed initial votes but failed final enactment by one vote in the House and a tie in the Senate, leaving the existing law unchanged.
Did Maine decriminalize psilocybin in 2025?
No — it came very close. LD 1034 cleared both chambers in early June 2025, but lawmakers reversed course during final enactment votes on June 9-10, 2025. The House rejected it 74-72 and the Senate deadlocked 16-16, so psilocybin remains a Schedule X drug in Maine.
Is Portland, Maine a psilocybin decriminalized city?
Partly. In October 2023 Portland's city council voted 6-3 to make enforcement of laws against psychedelic plants and fungi the city's lowest law-enforcement priority. That is a non-binding policy, not decriminalization — psilocybin is still illegal under Maine state law, even in Portland.
Can I buy magic mushroom spores or amanita muscaria in Maine?
Yes to both, with caveats. Psilocybin spores are legal in Maine for microscopy because they contain no psilocybin, but germinating them is not a minor offense: Maine's trafficking definition covers growing or cultivating a scheduled drug, so a home grow is a Class C crime carrying up to 5 years. Amanita muscaria — a different, legal mushroom — can be bought as gummies or dried caps.
Where is the closest place to legally take psilocybin for Maine residents?
There is no legal psilocybin access anywhere in New England as of 2026 — no New England state has an operating program. The nearest genuinely legal options are licensed, facilitated sessions at Oregon service centers or Colorado healing centers; neither state has a residency requirement, so out-of-state visitors 21+ can participate.
Not sure where to start?
Take the 2-minute ShrooMap quiz for a personalized, medically-reviewed next step — legal options only.
Take the quizSources
- LD 1034 bill status, 132nd Legislature — Maine Legislature (status: "Enactment Failed, Jun 10, 2025") (accessed 2026-07-29)
- 17-A M.R.S. §1102 — Maine drug schedules (psilocybin and psilocyn listed in schedule X) (accessed 2026-07-29)
- 17-A M.R.S. §1107-A — Unlawful possession of scheduled drugs (schedule X = Class D crime) (accessed 2026-07-29)
- 17-A M.R.S. §1101 — Definitions ("traffick" includes "to grow or cultivate, except for marijuana") (accessed 2026-07-29)
- 17-A M.R.S. §1103 — Unlawful trafficking in scheduled drugs (schedule X = Class C crime) (accessed 2026-07-29)
- Maine Lawmakers Reverse Course On Psilocybin Legalization Bill, Rejecting Measure In Final Enactment Votes — Marijuana Moment (June 12, 2025) (accessed 2026-07-29)
- Did the Maine Legislature legalize psychedelic mushrooms? — Gigafact fact brief (2025; final votes House 74-72 against, Senate 16-16) (accessed 2026-07-29)
- Maine lawmakers reverse course, reject decriminalizing psychedelic mushrooms — Portland Press Herald (June 9, 2025) (accessed 2026-07-28)
- LD 1034 — An Act to Decriminalize Personal Possession of Therapeutic Amounts of Psilocybin for Adults (Maine 2025-2026, TrackBill) (accessed 2026-07-28)
- Portland City Council passes a resolution in support of decriminalizing psychedelic fungi — Maine Public (Oct. 4, 2023; resolution non-binding) (accessed 2026-07-29)