by Interest in psychedelics—particularly psilocybin, the active compound in “magic mushrooms”—has surged in recent years as research continues to highlight their potential benefits for mental health. California, known for its progressive drug policies, is at the forefront of this conversation. However, despite increasing public support and local reforms, psilocybin remains illegal in most parts of the state.
Here’s a clear breakdown of the legal status of magic mushrooms in California as of 2025, including what’s allowed, where local exceptions exist, and what legislative changes may lie ahead.
Statewide Legal Status
Psilocybin mushrooms are currently classified as a Schedule I controlled substance under both California and federal law. This means:
- Possession is illegal statewide.
- Cultivation or growing psilocybin mushrooms is also prohibited.
- Sale, distribution, and transportation of psilocybin are treated as serious criminal offenses.
- Penalties for possession can include fines up to $1,000 and up to one year in county jail.
- Felony charges may apply in cases involving intent to sell or large quantities.
Local Decriminalization Efforts
Despite statewide illegality, several cities in California have moved to decriminalize psilocybin at the local level. This doesn’t mean mushrooms are legal—it simply reduces enforcement priority for police.
- Oakland and Santa Cruz were the first cities in California to decriminalize psilocybin for personal use and cultivation.
- San Francisco, Berkeley, and Eureka have passed similar measures encouraging police to avoid prosecuting psilocybin-related offenses that do not involve sales or minors.
- Decriminalization means:
- Law enforcement is instructed to treat psilocybin use as the lowest priority.
- It does not protect users from state or federal legal consequences.
Legislative Efforts in California
In 2023, Senate Bill 58 sought to decriminalize certain natural psychedelics, including psilocybin, for adults 21 and older. While the bill passed the legislature, Governor Gavin Newsom vetoed it, citing the need for a more regulated framework.
Since then:
- A new legislative effort is underway in 2025, focusing on therapeutic and clinical use of psilocybin.
- The proposal emphasizes medical supervision and access for veterans and others with treatment-resistant conditions like PTSD and depression.
- If passed, this bill could allow psilocybin to be administered in licensed clinics under professional oversight.
Medical and Therapeutic Use
Though not yet legal in California, psilocybin-assisted therapy is gaining traction:
- Institutions such as UCLA and UC Berkeley are conducting studies and offering education on psychedelics and mental health.
- California may soon follow the example of states like Oregon and Colorado, where psilocybin is allowed in controlled therapeutic settings.
- Public support for medically supervised psychedelic treatment continues to grow.
What Is Still Illegal?
Here’s what Californians need to remember in 2025:
- Possession of psilocybin: Illegal statewide
- Growing mushrooms at home: Illegal statewide
- Selling or distributing mushrooms: Illegal statewide and carries felony penalties
- Using mushrooms in public: Illegal statewide, even in cities with decriminalization
- Therapeutic use under supervision: Not yet legal, but pending legislative developments
Even in cities that have decriminalized personal use, psilocybin remains illegal under state and federal law. Individuals can still be prosecuted by state or federal authorities.
Final Thoughts
Magic mushrooms are still illegal in California, but signs of change are emerging. Decriminalization in select cities has opened the door to broader discussions, and statewide legislation aimed at therapeutic access is gaining momentum.
For now, residents and visitors should be aware of the legal risks. Psilocybin use—outside of specific decriminalized areas and without medical oversight—can still lead to criminal charges.
As California’s drug policy continues to evolve, staying informed about changes in the law is essential for anyone interested in psychedelics, whether for personal, recreational, or medical reasons.
