Psilocybin remains illegal statewide in Minnesota. A bill to create a regulated therapy program passed the House in May 2026 but was dropped in conference; what became law is only a state study, with recommendations due January 15, 2027.
Minnesota sits in an in-between moment on psilocybin in 2026: still illegal, but with one of the most active reform pipelines in the Midwest. Psilocybin remains a Schedule I substance statewide, so possessing, growing, or selling mushrooms is a crime everywhere in the state. Minneapolis softened the picture in July 2023, when Mayor Jacob Frey ordered police to treat entheogenic plants and fungi as their lowest enforcement priority — a policy that lowers arrest risk but changes nothing about the underlying law. The bigger story is at the Capitol, and it is a story of a near miss. A state Psychedelic Medicine Task Force studied the evidence and, in January 2025, recommended both a regulated therapy program and an end to criminal penalties for personal use. The House agreed, voting 114-15 on May 7, 2026 to attach a therapy program to the health and human services omnibus — but negotiators dropped it in conference, and it never reached the governor. What survived was much smaller: a line in the cannabis omnibus signed May 26, 2026 telling the Office of Cannabis Management to study the question and report back by January 15, 2027. That report is a step toward a program, not a program. Until the legislature actually passes an access bill, Minnesotans' legal options remain spores for microscopy, amanita muscaria, and functional mushrooms.
Possession
Possessing psilocybin mushrooms is a crime statewide; psilocybin is still a Schedule I controlled substance under Minnesota law. Minneapolis has directed police to treat entheogenic plants and fungi as their lowest enforcement priority, but that is a city policy, not legalization.
Cultivation
Growing psilocybin mushrooms is illegal in Minnesota and can be charged as manufacture of a controlled substance.
Retail / purchase
No legal purchase of psilocybin exists in Minnesota in any form — there are no licensed dispensaries, service centers, or therapy programs yet. Legal retail is limited to non-psilocybin products such as functional mushrooms, amanita muscaria, and spores sold for microscopy.
Local decriminalization
Minneapolis
Spores
Psilocybin spores contain no psilocybin and are not scheduled in Minnesota, so they are legal to buy and possess for microscopy and research purposes (unlike in California, Georgia, Idaho, and Florida). Minnesota's Schedule I hallucinogen listing (Minn. Stat. 152.02, subd. 2(d)) reaches only material that 'contains any quantity of' psilocybin or psilocyn, and Minnesota repealed its drug-paraphernalia possession statute (152.092) in 2023. Germinating spores into mushrooms is still illegal and can be charged as manufacture.
Amanita muscaria
Amanita muscaria is not a controlled substance in Minnesota — neither the mushroom nor its active compounds (muscimol and ibotenic acid) appears in the state's controlled-substances schedules, and they are not federally scheduled. Minnesota sets no statutory minimum age for pure amanita products; the 21+ carding many shops apply is voluntary retailer practice, not state law. The 21+ rule becomes a legal requirement only for blends that add hemp-derived cannabinoids, which fall under Minn. Stat. 151.72. Separately, the FDA said in December 2024 that amanita muscaria and muscimol are not authorized food ingredients, so edibles are unapproved and unregulated for potency. Louisiana remains the only state with an outright ban (amanita for human consumption).
Recent changes
Minnesota's Psychedelic Medicine Task Force delivered its final legislative report in January 2025, recommending a state-regulated psilocybin therapy program and removal of criminal penalties for personal use. In the 2025-2026 session, lawmakers filed HF 2699 (adult personal use, which never advanced past its first committee referral) and HF 2906 (therapeutic program with rescheduling from Schedule I to Schedule IV). HF 2906 cleared the House Health Finance and Policy Committee on a voice vote on March 9, 2026 and was re-referred to Commerce Finance and Policy, where it stalled. On May 7, 2026 the House attached a psilocybin therapy program as an amendment to the health and human services omnibus (SF 4612) by a 114-15 vote, but that language was stripped in conference committee — SF 4612 was signed as Chapter 127 with no psilocybin provisions. What actually became law was narrower: the cannabis omnibus (SF 4401), signed by Gov. Tim Walz on May 26, 2026 as Chapter 123, directs the Office of Cannabis Management to conduct a feasibility study and publish recommendations by January 15, 2027 for administering a psilocybin therapeutic use program for adults 21+ with qualifying medical conditions. That is a report mandate, not authorization — no program is legal yet, and an access bill would still have to pass in 2027 or later.
Possession is typically charged as fifth-degree controlled substance possession under Minn. Stat. 152.025, a felony carrying up to 5 years and a $10,000 fine. A narrow gross-misdemeanor carve-out exists, but it is much tighter than most people assume: it applies only to a defendant with no prior violation of the chapter, and only when the amount is less than 0.25 grams (or one dosage unit or less). Typical mushroom quantities exceed that, so most cases are charged as felonies.
Legal options for Minnesota residents
The nearest genuinely legal psilocybin access for Minnesotans is at licensed healing centers in Colorado or licensed service centers in Oregon, both open to out-of-state visitors. Within Minnesota, spores for microscopy, amanita muscaria products, and functional mushrooms are legal to buy.
See also: can you buy magic mushrooms online legally? · shroom delivery: legal or scam?
FAQ
Are shrooms legal in Minnesota?
No. Psilocybin mushrooms are illegal to possess, grow, or sell anywhere in Minnesota as of July 2026. The state has been directed to study a regulated therapeutic program and publish recommendations by January 15, 2027, but no legal access exists and none has been authorized.
Is Minnesota legalizing psilocybin therapy?
Not yet — 2026 came close but fell short. The Minnesota House voted 114-15 on May 7, 2026 to attach a regulated psilocybin therapy program to the health and human services omnibus bill, but that language was removed in conference committee and never became law. What Gov. Walz signed on May 26, 2026 was a narrower provision in the cannabis omnibus requiring the Office of Cannabis Management to study the issue and publish recommendations by January 15, 2027. Creating actual legal access would take a new bill in 2027 or later.
Are psilocybin spores legal in Minnesota?
Yes, for microscopy. Spores contain no psilocybin and are not scheduled in Minnesota, so buying and owning them for research is legal. Using them to grow mushrooms is a crime.
Are shrooms decriminalized in Minneapolis?
Partly. In July 2023, Mayor Jacob Frey signed Executive Order 2023-01 making enforcement against entheogenic plants and fungi the city's lowest police priority. That reduces arrest risk in Minneapolis but does not make psilocybin legal — state and federal law still apply.
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- Minnesota Lawmakers Approve Bill To Legalize Psilocybin Therapy And Reschedule The Psychedelic Under State Law — Marijuana Moment (March 2026) (accessed 2026-07-28)
- Minnesota Governor Signs Omnibus Marijuana Bill Into Law (psilocybin program recommendations due Jan 15, 2027) — The Marijuana Herald (May 2026) (accessed 2026-07-28)
- Minnesota Psychedelic Medicine Task Force Legislative Report — MN Department of Health (January 1, 2025) (accessed 2026-07-28)
- HF 2699 — Psilocybin cultivation, possession, and personal use by individuals 21+ (introduced 3/24/2025; never advanced past first committee referral) — Minnesota Legislature, 94th Session (accessed 2026-07-29)
- SF 4401 — Omnibus Cannabis bill; signed by the governor 5/26/2026, filed as Chapter 123 (carries the OCM psilocybin recommendations mandate) — Minnesota Legislature (accessed 2026-07-29)
- SF 4612 — Omnibus Health and Human Services bill; House passed psilocybin therapy amendment 114-15 on 5/7/2026, language dropped in conference; signed as Chapter 127 — Minnesota Legislature (accessed 2026-07-29)
- Minnesota Is On The Cusp Of Making Psychedelic Medicine Available (Op-Ed) — confirms the access program failed and only a feasibility study plus January 15, 2027 report passed — Marijuana Moment (July 2026) (accessed 2026-07-29)
- Minn. Stat. 152.02, subd. 2(d) — Schedule I hallucinogens list psilocybin and psilocyn; no listing for spores, amanita muscaria, muscimol, or ibotenic acid (accessed 2026-07-29)
- Minn. Stat. 152.025 — Fifth-degree controlled substance possession penalties and the narrow first-offense gross-misdemeanor threshold (accessed 2026-07-29)
- Minn. Stat. 151.72 — Hemp-derived cannabinoid products; 21+ age limit applies to hemp cannabinoids only, not to pure amanita products (accessed 2026-07-29)
- Executive Order 2023-01 (entheogenic plants lowest law enforcement priority) — signed by Mayor Jacob Frey, City of Minneapolis, July 21, 2023 (accessed 2026-07-29)