Psilocybin is illegal in South Dakota in 2026 — possession of any amount is a Class 5 felony. A 2026 law reclassified one FDA-approved pharmaceutical form of psilocybin, but no such product has been approved, so nothing has changed on the ground.
South Dakota remains one of the stricter states for psilocybin in 2026. Magic mushrooms are a Schedule I controlled substance here, and possession of any amount is a Class 5 felony. The state is also unusual in criminalizing ingestion itself — SDCL 22-42-5.1 makes having a controlled substance in your body a separate offense — though a 2025 reform reduced a first or second ingestion offense from a felony to a Class 1 misdemeanor. No city in the state has passed a decriminalization measure, and no medical-access ballot initiative is in motion. 2026 did bring one notable shift: in March, Governor Larry Rhoden signed House Bill 1099, which moved FDA-approved crystalline polymorph psilocybin — the pharmaceutical form now in late-stage clinical trials for PTSD and treatment-resistant depression — from Schedule I to Schedule IV. That change took effect July 1, 2026, but it only bites once the FDA approves such a drug product, which has not happened, so nothing has changed for anyone on the ground. Legal options for residents are limited to spores for microscopy, amanita muscaria products, functional mushrooms, or traveling to a licensed program in Colorado or Oregon.
Possession
Possessing psilocybin mushrooms in any amount is a Class 5 felony in South Dakota (SDCL 22-42-5), punishable by up to five years in prison and a $10,000 fine. South Dakota is also unusual in criminalizing ingestion itself: SDCL 22-42-5.1 makes having a controlled substance in your body a separate offense. That law was softened in 2025 — a first or second ingestion violation is now a Class 1 misdemeanor carrying a mandatory drug-and-alcohol evaluation and supervised probation, not a felony. A third or subsequent violation within ten years of the first conviction is a Class 6 felony, and a violation by someone confined in a state correctional facility or under parole supervision is a Class 5 felony.
Cultivation
Growing psilocybin mushrooms is treated as manufacture of a Schedule I controlled substance under SDCL 22-42-2 — a Class 4 felony carrying up to ten years in prison and a $20,000 fine.
Retail / purchase
No purchase of psilocybin is legal in South Dakota in any form — there are no licensed dispensaries, service centers, or healing centers. The only mushroom products legally sold are amanita muscaria and non-psychoactive functional mushrooms.
Spores
Psilocybin mushroom spores contain no psilocybin, and South Dakota's controlled-substances schedules (SDCL 34-20B-14) contain no reference to spores or mycelium, so spores sit in the same microscopy-research gray zone as in most states. Some states do restrict them — California is the clearest example, where Health and Safety Code sections 11390 and 11391 criminalize cultivating, transporting, selling, or giving away spores or mycelium capable of producing psilocybin mushrooms when done with intent to produce the drug. Which other states restrict spores is widely misreported online, and several commonly cited statutes contain no spore language at all, so check your own state's current statute rather than a secondhand list. In South Dakota, germinating spores would cross the line into felony manufacture under SDCL 22-42-2.
Amanita muscaria
Amanita muscaria is not a federally controlled substance, and it appears nowhere in South Dakota's controlled-substances schedules — there is no listing for amanita, muscimol, or ibotenic acid — so amanita products remain legal to buy and possess here. Louisiana is the one state that has long scheduled the mushroom itself, and a growing number of states have begun age-gating or otherwise regulating amanita edibles, so check current local law before ordering across state lines. Separately, the FDA has stated that amanita and its compounds are not authorized food ingredients, so edible amanita products sit in a federal regulatory gray area. Amanita is not the same thing as a psilocybin mushroom and carries its own dose-dependent risks; if you use it, stick to reputable brands that publish third-party lab results.
Recent changes
On March 10, 2026, Gov. Larry Rhoden signed House Bill 1099, a bipartisan measure (prime sponsors Rep. Taylor Rehfeldt and Sen. Tom Pischke) that carves 'the pharmaceutical composition of crystalline polymorph psilocybin in a drug product approved by the United States Food and Drug Administration' out of Schedule I (SDCL 34-20B-14) and adds it to Schedule IV (SDCL 34-20B-25). The House passed it 58-7 on Feb. 9, 2026 and the Senate 21-12 on Mar. 2, 2026. The act carried no emergency clause and took effect July 1, 2026, so the amended language is already in the statute books — but it reaches only an FDA-approved psilocybin drug product, and no such product has been approved, so ordinary possession is unaffected. The enacted text conditions the change on FDA approval alone and contains no separate DEA-rescheduling requirement, though DEA action would still be needed federally before such a medicine could actually be prescribed. Separately, a 2025 reform (Senate Bill 83, signed Mar. 13, 2025) reduced first- and second-offense unauthorized ingestion from a felony to a Class 1 misdemeanor. No decriminalization measure or ballot initiative has advanced — HB 1099 was the only psilocybin bill in the 2024, 2025, or 2026 sessions.
Possession of any amount of psilocybin is a Class 5 felony (up to five years in prison and a $10,000 fine), and cultivation is a Class 4 felony (up to ten years and a $20,000 fine). Ingestion is charged separately under SDCL 22-42-5.1: a first or second offense is a Class 1 misdemeanor, a third or subsequent offense within ten years of the first conviction is a Class 6 felony, and an offense committed by an inmate or someone under parole supervision is a Class 5 felony.
Legal options for South Dakota residents
The nearest genuinely legal psilocybin access is Colorado's state-licensed healing centers — roughly a six-hour drive from Rapid City — or Oregon's licensed service centers. Neither state has a residency requirement. At home, legal alternatives are limited to amanita muscaria products, functional mushrooms, and spores for microscopy use only.
See also: can you buy magic mushrooms online legally? · shroom delivery: legal or scam?
FAQ
Are shrooms legal in South Dakota?
No. Psilocybin mushrooms are a Schedule I controlled substance in South Dakota in 2026, and possession of any amount is a Class 5 felony. The state has no decriminalized cities and no medical or therapeutic access program.
Did South Dakota legalize psilocybin in 2026?
Not in any practical sense. In March 2026 Gov. Larry Rhoden signed House Bill 1099, which moves one pharmaceutical form — crystalline polymorph psilocybin in an FDA-approved drug product — out of Schedule I and into Schedule IV. The law took effect July 1, 2026, but it applies only once the FDA actually approves such a product, and none exists yet. Possessing psilocybin mushrooms remains a Class 5 felony.
Is psilocybin therapy available in South Dakota?
No. There are no licensed psilocybin therapy centers in South Dakota. The nearest regulated programs are Colorado's licensed healing centers and Oregon's licensed service centers, neither of which has a residency requirement.
What is the penalty for mushroom possession in South Dakota?
Possession of psilocybin in any amount is a Class 5 felony, punishable by up to five years in prison and a $10,000 fine. South Dakota also criminalizes ingestion itself under SDCL 22-42-5.1, which is unusual among states — but since a 2025 reform a first or second ingestion offense is a Class 1 misdemeanor rather than a felony.
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- South Dakota HB 1099 (2026), ENROLLED text — amends SDCL 34-20B-14 (Schedule I) and 34-20B-25 (Schedule IV); FDA-approval trigger only, no DEA condition in the enacted text (accessed 2026-07-29)
- South Dakota Legislature — House Bill 1099 (2026): action log shows House 58-7 (Feb. 9), Senate 21-12 (Mar. 2), signed by the Governor Mar. 10, 2026 (accessed 2026-07-29)
- SDCL 34-20B-14 — Schedule I hallucinogenic substances (as amended by SL 2026, ch 149): psilocybin listed, FDA-approved crystalline polymorph excepted; no spore or amanita listing (accessed 2026-07-29)
- SDCL 22-42-5 — Unauthorized possession of a controlled substance; Schedule I or II is a Class 5 felony (accessed 2026-07-29)
- SDCL 22-42-5.1 — Unauthorized ingestion: 1st/2nd offense Class 1 misdemeanor, 3rd+ within 10 years Class 6 felony, inmate/parolee Class 5 felony (SL 2025, ch 98; SL 2026, ch 115) (accessed 2026-07-29)
- SDCL 22-42-2 — Unauthorized manufacture or distribution of a Schedule I or II substance is a Class 4 felony (accessed 2026-07-29)
- South Dakota SB 83 (2025) — revised ingestion penalties; signed by the Governor Mar. 13, 2025 (SL 2025, ch 98) (accessed 2026-07-29)
- South Dakota Governor Signs Bills To Legalize Synthetic Psilocybin Following Federal Approval — Marijuana Moment (Mar. 17, 2026) (accessed 2026-07-29)