Psilocybin mushrooms are fully illegal in North Dakota, though a 2025 law pre-scheduled the pharmaceutical psilocybin drug COMP360 so it can be prescribed quickly if the FDA approves it.
North Dakota remains one of the stricter states for psilocybin in 2026. Magic mushrooms are Schedule I under the state's controlled substances act, meaning possession, cultivation, and sale are all crimes — a first possession offense is a class A misdemeanor, and growing or selling is a felony. No North Dakota city has passed a decriminalization or deprioritization measure, and no ballot campaign is underway. What makes the state quietly interesting is Senate Bill 2064, signed March 25, 2025: at the Board of Pharmacy's request, lawmakers moved COMP360 — the pharmaceutical crystalline form of psilocybin that posted positive Phase 3 results and won a rolling FDA review plus a national priority voucher in April 2026 — into state Schedule IV, clearing the state-law hurdle in advance. Federal approval would still be needed, along with DEA rescheduling of the product; industry projections point to late 2026 or 2027, but nothing is guaranteed. Until then nothing changes on the ground: there is no legal way to buy or use psilocybin in North Dakota. Legal alternatives are limited to functional mushrooms, amanita muscaria, or licensed programs in states like Colorado and Oregon.
Possession
Possessing psilocybin mushrooms is a class A misdemeanor for a first offense in North Dakota (N.D.C.C. 19-03.1-23(7)), punishable by up to 360 days in jail, a fine of up to $3,000, or both. A second or subsequent non-marijuana possession offense is charged as a class C felony (up to 5 years and $10,000).
Cultivation
Growing psilocybin mushrooms is treated as manufacturing a Schedule I controlled substance, a class B felony under N.D. Century Code 19-03.1-23.
Retail / purchase
No purchase of psilocybin is legal in North Dakota in any form — there are no licensed dispensaries, healing centers, or therapy programs. The only future pathway is FDA-approved prescription COMP360, which was not approved as of July 2026: the FDA granted its maker a rolling NDA review and a Commissioner's National Priority Voucher in April 2026, and the company expected to finish submitting the application in Q4 2026.
Spores
Psilocybin spores contain no psilocybin or psilocin, and nothing in N.D.C.C. ch. 19-03.1 mentions spores or mycelium, so they sit in the same microscopy-research gray zone as in most states (unlike California, Georgia, Idaho, and Florida, which target them). Germinating spores, however, constitutes manufacturing a Schedule I drug — a class B felony — and spores held alongside clear evidence of intent to cultivate can support a charge.
Amanita muscaria
Amanita muscaria is not a controlled substance in North Dakota or federally — Louisiana remains the only state with an outright ban — so amanita products may be sold and possessed here. Note, however, that in December 2024 the FDA told industry that amanita muscaria and its constituents (muscimol, ibotenic acid, muscarine) are not authorized food ingredients and do not meet the GRAS standard, following poisonings tied to amanita edibles. Ingestible amanita products therefore sit in a shakier regulatory position than dried caps, several states have moved to restrict retail sales, and legal does not mean safe — amanita is a deliriant with a narrow margin between a low dose and a very unpleasant one.
Recent changes
SB 2064, introduced at the State Board of Pharmacy's request, passed the Senate 47-0 on January 13, 2025 and the amended House version 88-0 on March 14, 2025; the Senate concurred 46-0 on March 19, the governor signed it on March 25, and it was filed with the Secretary of State on March 26, 2025. Carrying an emergency clause, it took effect immediately and added to state Schedule IV the 'pharmaceutical composition of crystalline polymorph psilocybin, known as COMP360 or any such trade name approved for COMP360' by the FDA (N.D.C.C. 19-03.1-11(7)). Ordinary psilocybin and psilocyn remain Schedule I (19-03.1-05(5)). Because COMP360 was not FDA-approved as of July 2026 — and because a federal DEA rescheduling would also be required before any approved product could be dispensed — the change has no practical effect on access yet. No psilocybin decriminalization bill, city measure, or ballot initiative was active in North Dakota in 2024-2026; the legislature meets only in odd-numbered years, so the next regular session is 2027.
First-offense psilocybin possession is a class A misdemeanor (up to 360 days in jail, up to $3,000, or both); a second or subsequent offense is a class C felony. Manufacture, delivery, or possession with intent to deliver a Schedule I substance other than marijuana is a class B felony (up to 10 years and $20,000).
Legal options for North Dakota residents
The nearest genuinely legal psilocybin access for North Dakotans is Colorado's state-licensed healing-center program (no residency requirement; Denver is roughly a 10-hour drive from Bismarck), followed by Oregon's licensed service centers. Closer to home, functional mushroom products and amanita muscaria are legal to purchase, and plain spores remain in a microscopy-only gray zone.
See also: can you buy magic mushrooms online legally? · shroom delivery: legal or scam?
FAQ
Are shrooms legal in North Dakota?
No. Psilocybin and psilocin are Schedule I controlled substances under North Dakota law, so possessing, growing, or selling magic mushrooms is illegal statewide. A first possession offense is a class A misdemeanor, and no city in the state has passed a decriminalization measure.
Is psilocybin therapy available in North Dakota?
Not yet. North Dakota has no state therapy or healing-center program. However, a 2025 law (SB 2064) pre-placed the pharmaceutical psilocybin drug COMP360 in state Schedule IV, so the state-law barrier is already cleared. As of July 2026 the manufacturer was still filing a rolling FDA application (expected to be complete in Q4 2026), and any approval would also need the DEA to move that product out of federal Schedule I. If both happen — plausibly in late 2026 or 2027, though nothing is guaranteed — prescription psilocybin therapy could reach North Dakota faster than most states.
Are psilocybin spores legal in North Dakota?
Spores themselves contain no psilocybin and are not specifically banned in North Dakota, so they are generally treated as legal for microscopy and research purposes, as in most states. Germinating them into mushrooms is manufacturing a Schedule I drug and is a felony.
Is amanita muscaria legal in North Dakota?
Yes. Amanita muscaria is not scheduled under North Dakota or federal law (Louisiana is the only state with an outright ban), so amanita-based products can be sold and possessed in the state. Be aware that in December 2024 the FDA told industry that amanita muscaria, muscimol, ibotenic acid, and muscarine are not authorized food ingredients, which clouds the status of amanita edibles specifically. It is also a different drug from psilocybin — a deliriant that can cause nausea, confusion, and delirium — so legality does not equal safety.
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- North Dakota Legislative Branch — SB 2064 Bill Overview (69th Assembly, 2025) (accessed 2026-07-29)
- Enrolled text of SB 2064 — adds COMP360 at N.D.C.C. 19-03.1-11(7) Schedule IV; psilocybin remains Schedule I at 19-03.1-05(5) (accessed 2026-07-29)
- N.D. Century Code ch. 19-03.1 — Uniform Controlled Substances Act (Schedules I & IV, sec. 19-03.1-23 penalties) (accessed 2026-07-29)
- N.D. Century Code 12.1-32-01 — Classification of offenses and maximum penalties (class A misdemeanor: 360 days / $3,000) (accessed 2026-07-29)
- FDA — Alert to industry and consumers on the use of Amanita muscaria or its constituents in food (December 2024) (accessed 2026-07-29)
- Healthesystems — Psilocybin Bills Enacted in Colorado and North Dakota (2025) (accessed 2026-07-29)
- Psilocybin FDA Approval Status — Tracker & Timeline (updated July 2026) (accessed 2026-07-29)