Psilocybin remains fully illegal in New Hampshire in 2026 — reform bills passed the House in both 2025 and 2026 but were killed in the Senate.
New Hampshire heads into the second half of 2026 with psilocybin still fully illegal, yet the Granite State has become one of the more interesting legislatures to watch on this issue. Twice in two years the House has passed genuine reform — a 2025 bill that would have reduced first-time possession to a $100 violation, and a 2026 bill that began as a full medical psilocybin program — and twice the Senate has stopped it, most recently by killing HB 1809 on a voice vote on May 7, 2026. For now, possessing psilocybin mushrooms remains a class B felony under state law, there is no medical program, and no New Hampshire city has passed a local decriminalization measure. What is legal here: psilocybin spores for microscopy (they contain no psilocybin), amanita muscaria, which is not a controlled substance in the state, and functional mushrooms like lion's mane and reishi. Residents seeking a legal, supervised psilocybin experience must travel to licensed service centers in Oregon or licensed healing centers in Colorado. Given the repeated near-miss votes, expect fresh bills in 2027.
Possession
Possession of any amount of psilocybin is a felony under New Hampshire's Controlled Drug Act (RSA 318-B). Possession of a schedule I drug is a class B felony under RSA 318-B:26, II(a), carrying up to 7 years in prison (RSA 651:2, II(b)) and a fine of up to $25,000; a repeat offense is a class A felony. A 2025 bill to reduce first-offense possession to a $100 violation passed the House but died in the Senate.
Cultivation
Growing psilocybin mushrooms counts as manufacturing a Schedule I controlled substance and is a felony in New Hampshire.
Retail / purchase
No psilocybin purchase is legal in New Hampshire — there are no dispensaries, service centers, or licensed sellers of any kind. Only non-psilocybin products such as microscopy spore syringes, amanita muscaria products, and functional mushrooms (lion's mane, reishi) are sold legally, and amanita edibles carry the federal food-ingredient caveat noted below.
Spores
Psilocybin spores are legal to buy and possess in New Hampshire for microscopy purposes because the spores themselves contain no psilocybin or psilocin, and no New Hampshire statute names them; germinating them into mushrooms is felony manufacturing under RSA 318-B. California, Georgia, Idaho, and Florida are the only U.S. states that have specifically criminalized psilocybin mushroom spores; Florida joined them under SB 700, effective July 1, 2025.
Amanita muscaria
Amanita muscaria is not a controlled substance in New Hampshire or federally — its active compounds, muscimol and ibotenic acid, are unscheduled, and New Hampshire's Controlled Drug Act does not name the mushroom. Louisiana is the only state that bans the mushroom itself (Act 159), and that ban exempts ornamental use. Two caveats: on December 18, 2024 the FDA notified food manufacturers that amanita muscaria, its extracts, and certain constituents (muscimol, ibotenic acid, and muscarine) are not authorized for use as ingredients in conventional food, so amanita edibles sit in a federal regulatory gray zone even where the mushroom itself is legal, and state food regulators elsewhere (Florida, for example) have treated such products as adulterated. Amanita muscaria is also genuinely toxic if raw, misidentified, or over-consumed, and is pharmacologically unrelated to psilocybin — it is not a legal substitute for it.
Recent changes
March - October 2025: the House passed HB 528 on March 26, 2025, which would have made first-offense psilocybin possession a $100 violation; the Senate Judiciary Committee attached mandatory minimum sentences for certain fentanyl offenses as a trade, and the bill was then laid on the Senate table on June 5, 2025 and died there (formally disposed of as Inexpedient to Legislate under Senate Rule 3-23 on October 31, 2025). A conference-committee compromise carrying the psilocybin language — with first-offense possession softened to a misdemeanor rather than a violation — rode on SB 14 and passed the House 185-182 on reconsideration in late June 2025, but Sen. Bill Gannon moved on the Senate floor to table it and the motion carried on a voice vote, killing it. January - May 2026: HB 1809 began as a medical psilocybin program for treatment-resistant depression, PTSD, substance use disorder, and other conditions to be authorized by an advisory board and the Department of Health and Human Services; the House Health, Human Services and Elderly Affairs Committee backed it 18-0 and the full House passed it by voice vote on February 12, 2026. The Finance Committee majority then recommended killing it (13-11), but the House rejected that motion 127-222, adopted the Finance minority's amendment converting the bill into a medical psilocybin advisory board 248-101, and passed the amended version on March 26, 2026. The Senate Health and Human Services Committee recommended Inexpedient to Legislate 4-0, and the full Senate killed the bill on a voice vote on May 7, 2026. A companion 2026 bill, HB 1796-FN, which would have allowed supervised psilocybin treatment in approved clinical settings, was recommended Inexpedient to Legislate 11-7 in committee and died without a House floor vote when the chamber adjourned on March 12, 2026.
Psilocybin possession is a class B felony in New Hampshire, punishable by up to 7 years in prison and a fine of up to $25,000; a subsequent offense is a class A felony carrying up to 15 years and a fine of up to $50,000.
Legal options for New Hampshire residents
The nearest genuinely legal psilocybin access for New Hampshire residents is a licensed healing center in Colorado or a licensed service center in Oregon, both of which serve out-of-state visitors under trained facilitators. Closer to home, microscopy spores and functional mushrooms are legal to purchase in New Hampshire, and amanita muscaria is not a controlled substance in the state — though the FDA does not authorize it as an ingredient in conventional food.
See also: can you buy magic mushrooms online legally? · shroom delivery: legal or scam?
FAQ
Are shrooms legal in New Hampshire?
No. Psilocybin mushrooms are a Schedule I controlled substance in New Hampshire and possession remains a felony as of 2026. Reform bills passed the House in both 2025 and 2026, but the Senate killed them each time — most recently on May 7, 2026.
Is New Hampshire going to decriminalize shrooms?
Not yet. On March 26, 2025 the House voted to make first-offense possession a $100 violation (HB 528), but the Senate laid that bill on the table in June 2025 and tabled the SB 14 compromise as well. After the 2025 defeat the bill's sponsor said both psilocybin penalty and medical bills would come back the following year — and they did in 2026 — so further attempts in 2027 are likely.
Does New Hampshire have medical psilocybin?
No. HB 1809, a bipartisan 2026 bill that started as a medical psilocybin program for treatment-resistant depression, PTSD and substance use disorder, was scaled back on the House floor to an advisory board and then killed by the Senate on May 7, 2026. A second 2026 bill, HB 1796, died without a House floor vote. There is currently no legal medical route to psilocybin in the state.
Can I buy psilocybin spores in New Hampshire?
Yes. Spores contain no psilocybin, and New Hampshire has no law banning them, so they can be legally purchased for microscopy and research. Germinating spores into mushrooms, however, is treated as felony drug manufacturing.
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- HB 1809 official docket — House passed amended bill 3/26/2026; Senate Inexpedient to Legislate on a voice vote 5/7/2026 (NH General Court) (accessed 2026-07-29)
- HB 1796-FN official docket — committee Inexpedient to Legislate 11-7, no House floor vote (NH General Court) (accessed 2026-07-29)
- HB 528 official docket — House passed 3/26/2025; laid on the Senate table 6/5/2025 and died on the table (NH General Court) (accessed 2026-07-29)
- RSA 318-B:26 — schedule I possession is a class B felony with a fine up to $25,000; no psilocybin exception in current law (NH RSAs) (accessed 2026-07-29)
- New Hampshire House Passes Scaled-Back Psilocybin Bill (Marijuana Moment, Mar 31, 2026) (accessed 2026-07-29)
- New Hampshire House Approves Bill To Legalize Psilocybin For Therapeutic Use — HB 1809 qualifying conditions (Marijuana Moment, Feb 16, 2026) (accessed 2026-07-29)
- New Hampshire House Lets Marijuana Legalization And Psilocybin Therapy Bills Die Without A Vote — HB 1796 (Marijuana Moment, Mar 13, 2026) (accessed 2026-07-29)
- New Hampshire Bill To Ease Psilocybin Penalties Advances Through House But Is Tabled In Senate — SB 14 passed House 185-182, tabled in Senate (Marijuana Moment, Jun 30, 2025) (accessed 2026-07-29)
- New Hampshire House votes to reduce punishments for shrooms (New Hampshire Bulletin, Mar 26, 2025) (accessed 2026-07-29)
- FDA Alerts Industry and Consumers About Use of Amanita Muscaria or its Constituents in Food (FDA Constituent Update, Dec 18, 2024) (accessed 2026-07-29)