Psilocybin is illegal in Nevada in 2026, with no decriminalized cities and no licensed access — a state working group and bipartisan lawmakers have laid groundwork for a regulated therapy program, but no such bill has passed and the legislature does not meet again until 2027.
As of 2026, psilocybin mushrooms remain illegal in Nevada. Psilocybin and psilocin are Schedule I controlled substances under state law, and no Nevada city — including Las Vegas and Reno — has passed a local decriminalization measure. Still, the state has moved further than its statutes suggest. In 2023, lawmakers created a Psychedelic Medicines Working Group, and its December 2024 report recommended that the legislature build a regulated access program for psychedelic-assisted therapy and that insurers cover it. In the 2025 session, a bipartisan pilot-program bill, AB 378, would have opened supervised access to psilocybin, DMT, ibogaine, and mescaline for veterans and first responders; it cleared an Assembly committee in April but never reached a floor vote and died when the session adjourned on June 2. What lawmakers did pass was SJR 10, a non-binding resolution given final approval on May 29, 2025 that urges Congress to reschedule psilocybin and related compounds but changes no Nevada law. The legislature meets in regular session only in odd-numbered years and no psychedelic measure qualified for the 2026 ballot, so 2027 is the next realistic opening. Meanwhile, possession remains a felony, though amanita muscaria and functional mushroom products are sold openly.
Possession
Possession of psilocybin mushrooms is a felony in Nevada — there is no decriminalized amount and no medical exception. Under NRS 453.336, possessing less than 14 grams of a Schedule I substance is a category E felony on a first or second offense, and Nevada law directs courts to suspend the sentence and grant probation for most category E felonies, so a first offense typically ends in probation rather than prison. That is a sentencing practice, not a safe harbor: it is still a felony conviction, and larger amounts or repeat offenses move into higher felony categories.
Cultivation
Growing psilocybin mushrooms is treated as felony manufacture and possession of a controlled substance everywhere in the state.
Retail / purchase
No purchase of psilocybin is legal in Nevada in any form — the state has no licensed healing centers, service centers, or therapy program. Legal mushroom retail is limited to non-psilocybin products such as amanita muscaria and functional mushroom supplements, and even amanita edibles are contested: the FDA concluded in December 2024 that amanita muscaria and its constituents are not permitted in conventional foods.
Spores
Nevada law does not specifically prohibit psilocybin spores, which contain no psilocybin, so they sit in the same microscopy-use gray zone as most states. Four states are the exception: California, Georgia, Idaho, and Florida reach spores through their controlled-substance laws, and Florida joined them on July 1, 2025, when F.S. 500.75 made it a first-degree misdemeanor to transport, import, sell, furnish, or give away spores or mycelium capable of producing psilocybin mushrooms. 'Not specifically banned' is weaker than 'protected' — no Nevada statute or reported case affirmatively authorizes spore possession, and germinating spores is felony cultivation under Nevada law.
Amanita muscaria
Amanita muscaria is not a controlled substance in Nevada or under federal law — neither muscimol nor ibotenic acid is scheduled — and Louisiana remains the only state whose law names the mushroom directly, with an exemption there for possession kept strictly for aesthetic, landscaping, or decorative purposes. Unscheduled is not the same as approved: in a December 2024 letter to industry the FDA concluded that amanita muscaria and its constituents are not Generally Recognized As Safe and are unapproved for use in conventional foods, so amanita edibles are treated as adulterated, and the agency said it was separately evaluating their use in dietary supplements. Fly agaric is chemically unrelated to psilocybin and is genuinely toxic if prepared carelessly.
Recent changes
SB 242 (signed June 2023) created Nevada's Psychedelic Medicines Working Group, whose December 2024 report recommended that lawmakers create a regulated access program for psychedelic-assisted therapy and that health insurance cover it. In the 2025 session, AB 378 — a bipartisan pilot program from Assemblymember Max Carter that would have opened supervised access to psilocybin, DMT, ibogaine, and mescaline for veterans and first responders with qualifying conditions — cleared the Assembly Health and Human Services Committee on a voice vote in April 2025, but it never received a floor vote and died when the session adjourned June 2, 2025. What did pass was SJR 10: the Assembly approved it 36-6 on May 22, 2025 and the Senate gave final approval on May 29, 2025. It is a non-binding joint resolution that changed no Nevada law and needed no signature from the governor; it was transmitted to federal officials, urging Congress to reschedule psilocybin, psilocin, DMT, ibogaine, mescaline, and MDMA. The legislature meets in regular session only in odd-numbered years, and no psychedelic measure qualified for Nevada's 2026 ballot, so the next realistic window for state reform is the 2027 session.
First- and second-offense possession of under 14 grams is a category E felony with mandatory probation in most cases, while larger quantities or sale trigger harsher felony categories with potential prison time.
Legal options for Nevada residents
The nearest genuinely legal supervised psilocybin access for Nevadans is out of state: Colorado's state-licensed healing centers, which held their first regulated session in June 2025 and are open to adults 21+ from any state, or Oregon's licensed psilocybin service centers, which have served clients since 2023. Both require going through a licensed facilitator — no legal route exists to simply buy psilocybin mushrooms in either state. Inside Nevada, the lawful options are amanita muscaria and functional mushroom products (with the FDA's December 2024 position on amanita in food in mind), while spores for microscopy are unregulated rather than affirmatively legal.
See also: can you buy magic mushrooms online legally? · shroom delivery: legal or scam?
FAQ
Are shrooms legal in Nevada?
No. Psilocybin and psilocin are Schedule I controlled substances under Nevada law in 2026. Possession, cultivation, and sale are all felonies, and no city in the state has passed local decriminalization. A 2025 pilot-program bill (AB 378) would have allowed supervised therapeutic use for veterans and first responders, but it cleared only one committee and died without a floor vote when the session adjourned.
Are magic mushrooms legal in Las Vegas?
No. Las Vegas has no local decriminalization measure, so state law applies in full — possession of psilocybin mushrooms on the Strip or anywhere else in Clark County is a felony. Anything marketed in Las Vegas shops as a 'magic mushroom' product either contains no psilocybin (usually amanita muscaria or a synthetic blend) or is being sold illegally.
Will Nevada legalize psilocybin?
Momentum is real but slow, and nothing has passed. A state-created working group recommended a regulated psychedelic-therapy program in December 2024, a bipartisan pilot-program bill advanced out of one committee in 2025 before dying without a floor vote, and lawmakers sent Congress a non-binding rescheduling request via SJR 10. No psychedelic question qualified for Nevada's 2026 ballot, and because the legislature meets in regular session only in odd-numbered years, the next realistic window for reform is the 2027 session.
Are psilocybin spores legal in Nevada?
Nevada has no statute specifically banning psilocybin spores, which contain no controlled substance, so buying them for microscopy sits in the same gray zone as in most states. That is an absence of a ban rather than an affirmative protection. Four states are stricter: California, Georgia, Idaho, and Florida ban spores through their drug laws, and Florida has barred transporting, importing, selling, or giving away spores and mycelium since F.S. 500.75 took effect on July 1, 2025. Germinating spores into mushrooms is felony cultivation in Nevada regardless of how the spores were obtained.
Not sure where to start?
Take the 2-minute ShrooMap quiz for a personalized, medically-reviewed next step — legal options only.
Take the quizSources
- Nevada Lawmakers Approve Bill To Create Psychedelic Therapy Pilot Program (Marijuana Moment, April 2025) (accessed 2026-07-28)
- Nevada Assembly Passes Resolution Urging Congress To Reschedule Psychedelics (Marijuana Moment, May 2025) (accessed 2026-07-28)
- Nevada Lawmakers Pass Resolution Urging Congress To Reschedule Psychedelics — final Senate approval May 29, 2025 (Marijuana Moment, June 5, 2025) (accessed 2026-07-29)
- Nevada Legislature — SJR 10, enrolled (83rd Session, 2025) (accessed 2026-07-28)
- Nevada Psychedelic Medicines Working Group Report (SB 242, December 2024) (accessed 2026-07-28)
- Magic mushroom decriminalization? Nevada lawmakers want federal standards changed first (Carson Now, March 2025) (accessed 2026-07-28)
- Florida Statute 500.75 (ch. 2025-22) — psilocybin spore/mycelium prohibition, cited for the four-state spore comparison (accessed 2026-07-29)
- Nevada 2026 ballot measures — only Question 6 (abortion) and Question 7 (voter ID) certified; no psychedelic measure (Ballotpedia) (accessed 2026-07-29)
- Muscimol — legal status: unscheduled federally; FDA deems amanita muscaria and constituents unapproved for conventional foods (accessed 2026-07-29)