Psilocybin is still illegal in Rhode Island in 2026 — one decriminalization bill passed the House in 2023 and died in the Senate, and every version filed since has stalled in a House committee — though possession of 10 grams or less is a misdemeanor rather than a felony.
Rhode Island is one of the more frustrating states to watch on psilocybin reform. Every year since 2023, lawmakers led by Rep. Brandon Potter have filed a bill that would let adults possess and securely home-grow less than one ounce of psilocybin — and every year it has fallen short. The 2023 version (H 5923) passed the House 56-11 before dying in Senate Judiciary; the 2024 refile (H 7047) and the 2025 bill (H 5186) were both held for further study in House Judiciary; and in 2026 H 7756 was withdrawn by its sponsor while the reworked H 7925 died in House Health & Human Services, so its proposed July 1, 2026 start date came and went. As of 2026, psilocybin remains a Schedule I substance under state law. The practical picture is less harsh than in many prohibition states: Rhode Island treats simple possession of 10 grams or less of any controlled substance as a misdemeanor, not a felony. Still, there are no licensed psilocybin services here and no local decriminalization ordinances. Legal options for residents are limited to microscopy-use spores, amanita muscaria, functional mushrooms, and travel to Oregon's or Colorado's licensed programs.
Possession
Possessing any amount of psilocybin is illegal in Rhode Island. Under R.I. Gen. Laws § 21-28-4.01, simple possession of 10 grams or less of a Schedule I substance like psilocybin is a misdemeanor (up to 2 years and/or a fine of up to $500), while more than 10 grams but under one ounce is a felony carrying up to 3 years and/or a fine of up to $5,000.
Cultivation
Growing psilocybin mushrooms is illegal and can be prosecuted as manufacturing a Schedule I controlled substance, a felony — the home-grow allowance proposed in recent bills never became law.
Retail / purchase
No purchase of psilocybin is legal in Rhode Island in any form — there are no licensed dispensaries, service centers, healing centers, or state programs. Legal in-state purchases are limited to non-psilocybin products such as microscopy-use spores, amanita muscaria, and functional mushrooms.
Spores
Psilocybin spores contain no psilocybin and Rhode Island has no spore-specific ban, so buying and owning them for microscopy and taxonomy purposes is legal here — unlike in California, Georgia, Idaho, and Florida, which added a spore-and-mycelium ban in 2025 (Fla. Stat. § 500.75). Germinating spores into mycelium or mushrooms is illegal cultivation in Rhode Island, and spores bought with evident intent to grow can also raise exposure under the state's drug-paraphernalia law.
Amanita muscaria
Amanita muscaria is a different mushroom from psilocybin species and is not a controlled substance federally or in Rhode Island, so amanita products are legal to buy and possess in the state; Louisiana remains the only state with an explicit ban (2005's Act 159, La. R.S. 40:989.1). Amanita is not an FDA-approved food ingredient, so edible amanita products are lightly regulated and potency and labeling vary between products.
Recent changes
Rhode Island has a years-long pattern of near-misses. H 5923 passed the House 56-11 on June 12, 2023, then died in Senate Judiciary; the 2024 refile (H 7047) was held for further study on February 1, 2024. Rep. Brandon Potter filed H 5186 on January 24, 2025 — exempting possession of less than one ounce of psilocybin plus secure home cultivation, with a Department of Health medical framework triggered by federal FDA rescheduling — but House Judiciary held it for further study on February 11, 2025. In the 2026 session, H 7756 was introduced February 12, 2026, and a reworked version, H 7925, was introduced February 27, 2026 and referred to House Health & Human Services; Potter then withdrew H 7756 at his own request on April 9, 2026. H 7925 carried a proposed effective date of July 1, 2026 and an automatic expiration of July 1, 2028, but it died in committee. As of July 2026 no psilocybin bill has been enacted in Rhode Island, and because the state has no citizen ballot-initiative process, reform can only come from the General Assembly.
Possession of 10 grams or less is a misdemeanor with up to 2 years and/or a fine of up to $500 (plus possible community service and drug counseling); more than 10 grams but under one ounce is a felony with up to 3 years and/or up to $5,000, and larger amounts, sale, and cultivation carry heavier felony exposure.
Legal options for Rhode Island residents
The nearest genuinely legal psilocybin access for Rhode Islanders is a licensed healing center in Colorado or a licensed service center in Oregon, both open to visiting adults 21+. In-state, legal purchases are limited to microscopy-use spores, 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 Rhode Island?
No. Psilocybin mushrooms are illegal to possess, grow, or sell in Rhode Island as of 2026. Lawmakers have filed decriminalization bills every year since 2023 — the 2023 version passed the House before dying in the Senate, and the rest died in House committees — but none has become law. The one softener: possession of 10 grams or less is a misdemeanor, not a felony.
Did Rhode Island decriminalize psilocybin in 2026?
No. The 2026 bills — H 7756 and the reworked H 7925 — would have exempted possession of less than one ounce of psilocybin, held by one person or shared, plus secure home cultivation, running from July 1, 2026 until an automatic expiration on July 1, 2028. H 7756 was withdrawn at the sponsor's request on April 9, 2026 and H 7925 died in the House Health & Human Services Committee, so neither took effect — the same outcome as the 2023, 2024, and 2025 versions.
What is the penalty for mushroom possession in Rhode Island?
Simple possession of 10 grams or less of psilocybin is a misdemeanor under R.I. Gen. Laws § 21-28-4.01, punishable by up to 2 years imprisonment and/or a fine of up to $500, often with community service and drug counseling. More than 10 grams but under one ounce is a felony with up to 3 years and/or a fine of up to $5,000; sale and cultivation carry heavier felony exposure.
Are psilocybin spores legal in Rhode Island?
Yes, for microscopy. Spores contain no psilocybin and Rhode Island has no spore-specific ban, so buying and studying them is legal — unlike in California, Georgia, Idaho, and Florida, which have spore-specific prohibitions. The moment spores are germinated into mycelium or mushrooms, it becomes illegal manufacturing of a controlled substance.
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- Rhode Island Bill Would Legalize Psilocybin And Establish State-Regulated Therapeutic Program After Federal Rescheduling (Marijuana Moment, Jan 28, 2025) (accessed 2026-07-28)
- Rhode Island Lawmakers Discuss Bill To Legalize Psilocybin (Marijuana Moment, Feb 12, 2025 — notes 2023 House passage 56-11 and Senate stall) (accessed 2026-07-28)
- Rhode Island H 5186 (2025) — held for further study by House Judiciary, Feb 11, 2025 (LegiScan bill status) (accessed 2026-07-28)
- Rhode Island H 7756 (2026) — introduced Feb 12, 2026; withdrawn at sponsor's request Apr 9, 2026; died in chamber (LegiScan bill status) (accessed 2026-07-29)
- Rhode Island H 7925 (2026) — introduced Feb 27, 2026, referred to House Health & Human Services, died in committee; bill text sets effective date July 1, 2026 and expiration July 1, 2028 (LegiScan bill status and text) (accessed 2026-07-29)
- Rhode Island H 5923 (2023) — House passage 56-11 on June 12, 2023, then referred to Senate Judiciary where it died (LegiScan roll call and status) (accessed 2026-07-29)
- Rhode Island H 7047 (2024) — held for further study by House Judiciary, Feb 1, 2024 (LegiScan bill status) (accessed 2026-07-29)
- Fla. Stat. § 500.75 — Florida's 2025 ban on transporting, importing, selling, or giving away psilocybin-capable mushroom spores and mycelium (context for spore legality outside Rhode Island) (accessed 2026-07-29)
- R.I. Gen. Laws § 21-28-4.01 — possession of 10 g or less of a Schedule I substance is a misdemeanor, up to 2 years/$500 (FindLaw statute text) (accessed 2026-07-28)
- Rhode Island House Passes Bill To Legalize Psilocybin And Prepare For Regulated Therapeutic Access (Marijuana Moment, 2023) (accessed 2026-07-28)