Psilocybin is fully illegal in Tennessee in 2026 — Schedule I statewide with no medical program and no decriminalized cities, though simple possession is a misdemeanor rather than a felony.
Tennessee has sat out the psychedelic policy wave. As of mid-2026, psilocybin and psilocin remain Schedule I controlled substances under Tenn. Code Ann. § 39-17-406, making magic mushrooms illegal to possess, grow, or sell anywhere in the state. Simple possession is a Class A misdemeanor — up to 11 months and 29 days in jail and a $2,500 fine — while cultivation or sale is a Class B felony carrying 8 to 30 years. No Tennessee city has passed a deprioritization measure, and no psilocybin bill has advanced in the General Assembly. The one notable shift came in late April 2026, when lawmakers gave final approval to the HOPE Treatment Act (HB 2075/SB 2149), letting Tennessee research institutions join ibogaine clinical trials for opioid use disorder, PTSD, and traumatic brain injury under a valid FDA investigational new drug authorization — a signal that the legislature is warming to psychedelic research, though the act does not legalize ibogaine outside those trials and changes nothing for psilocybin. For now, residents' only legal options are non-psilocybin products like spores, amanita muscaria, and functional mushrooms at home, or licensed programs in Oregon and Colorado.
Possession
Psilocybin and psilocin are Schedule I controlled substances under Tenn. Code Ann. § 39-17-406(d), so possessing psilocybin mushrooms is illegal everywhere in Tennessee. Simple possession is a Class A misdemeanor under § 39-17-418, punishable by up to 11 months and 29 days in jail and a fine of up to $2,500.
Cultivation
Growing psilocybin mushrooms is treated as manufacturing a Schedule I controlled substance under Tenn. Code Ann. § 39-17-417 — a Class B felony carrying 8 to 30 years and fines up to $100,000.
Retail / purchase
No psilocybin product can be legally bought or sold in Tennessee — there are no dispensaries, service centers, or therapeutic programs, and 'mushroom chocolates' sold in vape shops are illegal and unregulated. The only mushroom products sold lawfully are non-psilocybin items: spores for microscopy, amanita muscaria, and functional mushrooms like lion's mane and reishi.
Spores
Psilocybin spores contain no psilocybin and are not listed in Tennessee's controlled-substances schedules, so buying and possessing them for microscopy research is legal in Tennessee. Spore bans exist in a few other states — California, Georgia, Idaho, and Florida, and since July 1, 2025 Florida, where Fla. Stat. § 500.75 makes it a first-degree misdemeanor to transport, import, sell, furnish, or give away spores or mycelium capable of producing a controlled substance. In Tennessee the legal line is germination: once spores are grown into mushrooms, it becomes felony manufacturing of a Schedule I substance.
Amanita muscaria
Amanita muscaria is not a controlled substance in Tennessee or under federal law — muscimol and ibotenic acid are not scheduled — so amanita caps and gummies are sold in shops and online, with most retailers age-gating to 21+. Louisiana remains the only state with an outright ban, though a few other states restrict specific product formats. Unscheduled is not the same as approved or tested: in a December 2024 alert backed by a September 9, 2024 scientific memorandum, the FDA stated that Amanita muscaria, its extracts, and its constituents muscimol, ibotenic acid, and muscarine are not authorized for use in conventional food, so edible amanita products are unregulated for dose and purity.
Recent changes
No psilocybin reform bill has advanced in the Tennessee General Assembly through the 2024-2026 sessions — Psychedelic Alpha's Jan. 31, 2025 survey of 38 psychedelic bills across 14 states included none from Tennessee, and no psilocybin bill was active in the 2026 session either. The state's first psychedelic-adjacent law arrived in spring 2026: the HOPE (Helping Open Pathways to Effective) Treatment Act, HB 2075/SB 2149, which received final legislative approval in late April 2026. It lets Tennessee research institutions participate in ibogaine clinical trials for opioid use disorder, PTSD, and traumatic brain injury, but only under a valid FDA investigational new drug authorization, and it creates an 11-member Council on Emerging Behavioral Health Treatments plus an innovation fund. The act does not legalize ibogaine outside authorized research and does not touch psilocybin. On the unregulated side, the 2024 Diamond Shruumz episode showed the risk of gray-market 'mushroom' edibles sold in vape and smoke shops: FDA and CDC linked the recalled muscimol-containing chocolate bars, cones, and gummies to roughly 180 illnesses and 73 hospitalizations across 34 states.
Simple possession of psilocybin is a Class A misdemeanor (up to 11 months and 29 days in jail and a $2,500 fine), while manufacturing, selling, or possessing with intent is a Class B felony carrying 8 to 30 years and up to $100,000 in fines.
Legal options for Tennessee residents
The nearest genuinely legal psilocybin access for Tennesseans is at licensed healing centers in Colorado or licensed service centers in Oregon, both open to out-of-state adults 21 and over. At home, spores for microscopy, amanita muscaria products, and functional mushrooms are the legal options.
See also: can you buy magic mushrooms online legally? · shroom delivery: legal or scam?
FAQ
Are shrooms legal in Tennessee?
No. Psilocybin mushrooms are illegal statewide in Tennessee in 2026. Psilocybin and psilocin are Schedule I under Tenn. Code Ann. § 39-17-406, no city has decriminalized them, and there is no medical or therapeutic program.
What happens if you get caught with shrooms in Tennessee?
Simple possession is a Class A misdemeanor — up to 11 months and 29 days in jail and a fine of up to $2,500, and courts can also order drug-offender school. Growing, selling, or possessing with intent to sell is a Class B felony carrying 8 to 30 years and fines up to $100,000.
Are psilocybin spores legal in Tennessee?
Yes. Spores contain no psilocybin and are not scheduled in Tennessee, so owning them for microscopy research is legal — unlike in California, Georgia, Idaho, or Florida, which ban spore sales or possession. Germinating them into mushrooms is felony manufacturing of a Schedule I substance in Tennessee.
Is psilocybin therapy available in Tennessee?
Not legally. Tennessee has no psilocybin therapy program and no pending bill to create one as of mid-2026 — the state's 2026 HOPE Treatment Act covers only FDA-authorized ibogaine clinical trials, not psilocybin. The nearest legal supervised psilocybin access is at licensed service centers in Oregon or licensed healing centers in Colorado, and ketamine therapy is legal in Tennessee by prescription.
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- Tenn. Code Ann. § 39-17-406 — Schedule I controlled substances (psilocybin at (d)(32), psilocin at (d)(33)), FindLaw, current as of Jan. 2, 2024 (accessed 2026-07-28)
- Tenn. Code Ann. § 39-17-417 — Manufacture, delivery, sale, possession with intent (Schedule I = Class B felony), FindLaw (accessed 2026-07-28)
- Tenn. Code Ann. § 39-17-418 — Simple possession (Class A misdemeanor), FindLaw (accessed 2026-07-28)
- Are Psilocybin Mushrooms Legal in Tennessee? (2026), Mind Medicine Law, updated June 21, 2026 (accessed 2026-07-28)
- 2025's Psychedelic Policy Surge: A State-by-State, Bill-by-Bill Analysis, Psychedelic Alpha, Jan. 31, 2025 (no Tennessee bills) (accessed 2026-07-28)
- TN embraces controversial Trump-backed psychedelic therapy (HOPE Treatment Act, ibogaine trials), The Tennessean, Apr. 25, 2026 (accessed 2026-07-28)
- Tennessee General Assembly, HB 2075 (114th GA, 2025-2026) — HOPE Treatment Act bill information (accessed 2026-07-28)
- Tennessee lawmakers approve HOPE Act to allow ibogaine clinical trials (final approval, FDA IND requirement, Council on Emerging Behavioral Health Treatments), NewsChannel 9, Apr. 24, 2026 (accessed 2026-07-29)
- Fla. Stat. § 500.75 — Florida's psilocybin spore/mycelium ban (created by s. 51, ch. 2025-22, effective July 1, 2025) (accessed 2026-07-29)
- FDA, Letter to Industry on the Use of Amanita muscaria or its Constituents in Food (muscimol, ibotenic acid, muscarine not authorized in conventional food), Dec. 2024 (accessed 2026-07-29)