Psilocybin remains illegal in Maryland in 2026, but a state task force has formally recommended building a regulated-access framework and lawmakers just extended its work through 2027.
As of 2026, psilocybin mushrooms are still illegal in Maryland. They sit on the state's Schedule I list, and possession, cultivation, and sale all remain criminal offenses — though possession is a misdemeanor, and a 2016 sentencing reform (the Justice Reinvestment Act) cut the first-offense maximum from four years to one. What makes Maryland worth watching is how deliberately it is studying change. In 2024 the state created the Task Force on Responsible Use of Natural Psychedelic Substances, and its late-2025 report recommended a phased framework for legal access to psilocybin, DMT, and mescaline: safety standards and licensing first, then decriminalization-style deprioritization and supervised use, and eventually regulated sales. In April 2026, Governor Wes Moore signed a law extending the task force through December 2027, with an updated report due that October. For now none of that has changed the law: no Maryland city or county has enacted a psilocybin decriminalization ordinance, and there is no legal way to buy psilocybin in the state. Spores for microscopy, amanita muscaria, and functional mushrooms remain the only legal corners of the mushroom world here.
Possession
Possessing psilocybin mushrooms is a misdemeanor under Maryland Criminal Law § 5-601. A first offense carries up to 1 year in jail and a fine of up to $5,000, with longer maximums for repeat offenses.
Cultivation
Growing psilocybin mushrooms is treated as manufacturing a Schedule I controlled dangerous substance under Criminal Law § 5-603 — a felony punishable under § 5-607 by up to 5 years in prison and a $15,000 fine, steeper than the 1-year misdemeanor cap on simple possession.
Retail / purchase
No form of psilocybin can be legally bought or sold in Maryland — there is no medical, therapeutic, or adult-use program. Legal retail is limited to non-psilocybin products such as functional mushrooms and amanita muscaria.
Spores
Psilocybin spores are generally treated as legal to buy and possess in Maryland for microscopy and research, since spores contain no psilocybin and Maryland has no spore-specific statute — unlike the handful of states that do restrict spores, which include California, Georgia, Idaho, and Florida. Germinating them is a different matter: that constitutes manufacturing a controlled substance under Criminal Law § 5-603, and growing equipment can separately be charged as drug paraphernalia under § 5-619, which covers items used to plant, propagate, cultivate, or grow a controlled dangerous substance.
Amanita muscaria
Amanita muscaria is legal to buy and possess in Maryland — its active compounds (muscimol and ibotenic acid, not psilocybin) are not scheduled under Maryland or federal law. Louisiana remains the only state with an outright ban, and only for human consumption (ornamental and decorative sales are exempt). Note that the FDA does not authorize amanita as a food ingredient and has warned about products containing its constituents, so it is sold as a botanical rather than a food. Amanita is a genuinely intoxicating and deliriant-type mushroom, not a mild supplement, and dosing is unstandardized across brands.
Recent changes
May 16, 2024: Gov. Wes Moore signed HB 548/SB 1009 (Chapters 792 & 793), creating the Task Force on Responsible Use of Natural Psychedelic Substances; it took effect July 1, 2024. October 2025: the task force delivered its report to the Governor and General Assembly, recommending an 'ensemble model' — a phased, multi-pathway framework for legal access to natural psychedelics (psilocybin/psilocyn, DMT, and mescaline) with an initial focus on psilocybin. Phase 1 sets up an advisory board, safety and training standards, and restorative-justice measures such as expungement; Phase 2 adds enforcement deprioritization, supervised consumption, and personal cultivation for permitted individuals; Phase 3 opens commercial sales only if earlier phases show good safety outcomes. April 28, 2026: Gov. Moore signed HB 427 (Chapter 207, cross-filed with SB 336), extending the task force through December 31, 2027, adding an HBCU representative, and requiring an updated report by October 31, 2026; it took effect July 1, 2026. Separately, SB 709 (2022) created the Post-Traumatic Stress Disorder and Traumatic Brain Injury Alternative Therapies Fund, which may support psychedelic-assisted therapies including psilocybin for veterans. None of this has changed the criminal status of psilocybin: every recommendation still requires separate legislation.
First-offense possession is a misdemeanor punishable by up to 1 year in jail and a $5,000 fine, rising to 18 months for a second or third offense and 2 years for a fourth. Distribution (Criminal Law § 5-602) and manufacturing or cultivation (§ 5-603) are felonies punishable under § 5-607 by up to 5 years in prison and a $15,000 fine — Maryland's 20-year maximum under § 5-608 applies only to Schedule I and II narcotic drugs, which psilocybin is not.
Legal options for Maryland residents
For legal supervised psilocybin sessions, Maryland residents must travel to licensed service centers in Oregon or licensed healing centers in Colorado. Both programs are on-site only: psilocybin must be consumed at the licensed facility with a trained facilitator, and carrying any of it home to Maryland would be a federal offense as well as a Maryland one. At home, legal options are limited to psilocybin spores for microscopy, amanita muscaria products, and functional (non-psychoactive) mushrooms.
See also: can you buy magic mushrooms online legally? · shroom delivery: legal or scam?
FAQ
Are shrooms legal in Maryland?
No. Psilocybin mushrooms are a Schedule I controlled dangerous substance in Maryland in 2026. Possession, sale, and cultivation remain criminal offenses, though a first possession offense is a misdemeanor (up to 1 year) rather than a felony. A state task force has recommended a legal-access framework, but no legalization or decriminalization law has passed.
Are psilocybin spores legal in Maryland?
Yes, for microscopy. Spores contain no psilocybin and Maryland has no statute banning them, unlike a small number of states that do restrict spores, such as California, Georgia, Idaho, and Florida. Germinating spores into mushrooms is illegal — that counts as manufacturing a controlled substance, and cultivation gear can also be charged as paraphernalia.
Is Maryland going to legalize psilocybin?
It is moving in that direction, but slowly, and nothing is guaranteed. The state's official psychedelics task force recommended in October 2025 that Maryland build a phased framework for legal psilocybin access, and in April 2026 lawmakers extended the task force through December 2027 with another report due October 31, 2026. Actual legalization would still require the General Assembly to pass separate legislation, which has not happened. Maryland has no psilocybin ballot-measure process comparable to Oregon's or Colorado's, so any change has to come through the legislature.
Can veterans get psilocybin therapy in Maryland?
Not through any open program. SB 709 (2022) created the Post-Traumatic Stress Disorder and Traumatic Brain Injury Alternative Therapies Fund, which can support research and access to alternative therapies including psilocybin for veterans, but it does not make psilocybin legal to buy or possess and there is no walk-in clinic to enroll in. Outside of that, legal psilocybin therapy in the US is limited to FDA-authorized clinical trials or licensed programs in Oregon and Colorado.
What happens if you get caught with mushrooms in Maryland?
Simple possession is a misdemeanor: up to 1 year in jail and a $5,000 fine for a first offense under Criminal Law § 5-601, with higher maximums for repeat offenses. Possessing larger amounts, selling, or growing can be charged as felony distribution or manufacturing, which carries up to 5 years and a $15,000 fine.
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- Maryland Lawmakers File Bills To Extend Psychedelics Task Force To Recommend More Reforms Through 2027 — Marijuana Moment (Jan 27, 2026) (accessed 2026-07-29)
- Maryland General Assembly — HB 427 (2026): Task Force on Responsible Use of Natural Psychedelic Substances — Extension (Chapter 207, signed April 28, 2026) (accessed 2026-07-29)
- Task force endorses move toward natural psychedelics for clinical, recreational use — Maryland Matters (Nov 10, 2025) (accessed 2026-07-28)
- Maryland Task Force on Responsible Use of Natural Psychedelic Substances — Maryland Cannabis Administration (official) (accessed 2026-07-29)
- Maryland Criminal Law § 5-601 — Possessing or Administering Controlled Dangerous Substance (official statute text) (accessed 2026-07-29)
- Maryland Criminal Law § 5-607 — Penalties for §§ 5-602 through 5-606 (manufacturing and distribution; 5 years / $15,000) (accessed 2026-07-29)
- Maryland General Assembly — HB 548 (2024): Task Force on Responsible Use of Natural Psychedelic Substances (Chapter 792, signed May 16, 2024) (accessed 2026-07-29)