Are Magic Mushrooms Legal in California? Laws You Should Know in 2025

Interest in psychedelic therapies, including the use of magic mushrooms, has grown sharply across California. This evolving landscape has left many residents wondering: 

Are magic mushrooms legal in California in 2025?

This article examines the legality of magic mushrooms under both state and federal law, reviews penalties, traces legislative developments, and explores the growing role of therapeutic use in shaping policy.

A Brief Overview of California and Psychedelics

California has a long and complicated history with psychedelics. In the 1960s, psilocybin mushrooms gained widespread cultural attention through the counterculture movement. 

By the end of that decade, both federal and state governments classified psilocybin as:

• Schedule I controlled substance
• Placed in the same category as heroin and LSD

For decades, enforcement remained consistent. Possession, sale, and cultivation of psilocybin were treated as criminal offenses at both the state and federal levels.

The 2010s and the Conversation on Therapeutics

Interest in the therapeutic potential of psilocybin began to grow in the late 2010s. Clinical studies showed promising results for conditions such as depression and PTSD. 

As research expanded, some jurisdictions started rethinking strict criminalization.

Some milestones in California:

• 2019: Oakland became the first city in the state to decriminalize personal possession of natural psychedelics
• 2020: Santa Cruz followed, passing a similar measure
• 2022: San Francisco also passed a resolution decriminalizing natural psychedelics
• Following years: These local shifts inspired multiple legislative proposals and ballot initiatives aimed at changing state law

By 2025, the legal framework will remain unsettled. California’s laws are shaped by a mix of local reforms, state criminal statutes, and federal restrictions, creating a complex and evolving legal environment.

Legal Status of Psilocybin Mushrooms in California in 2025

Magic mushrooms, more precisely, fungi that contain psilocybin or psilocin, are classified as Schedule I controlled substances at the federal level. 

This classification means the government considers them to have a high potential for abuse and no accepted medical use.

Likewise, California follows the same classification. According to state law, psilocybin and psilocin are Schedule I controlled substances. It is illegal to:

• Possess these substances
• Sell or distribute them
• Import or manufacture them
• Cultivate psilocybin-producing fungi

This applies to both recreational and personal use.

A key statute, California Health & Safety Code § 11390, makes it a crime to cultivate spores or mycelium capable of producing psilocybin. These are “wobbler” offenses, meaning prosecutors can decide to charge them as misdemeanors or felonies.

Charging decisions usually depend on factors such as:

• The amount of psilocybin involved
  Evidence of intent to distribute
• Any prior criminal history

In short, magic mushrooms remain illegal statewide in 2025 under both California and federal law. Federal classification overrides local decriminalization efforts, and state law continues to criminalize both possession and cultivation.

Local Decriminalization Does Not Equal Legalization

Some California cities have taken steps to decriminalize possession of natural psychedelics. Law enforcement deprioritizes enforcement of laws against personal possession and use. 

The most notable jurisdictions are:

• Oakland
• Santa Cruz
• San Francisco
• Berkeley has also considered measures, though the enforcement focus varies

Local decriminalization ordinances typically focus on natural substances such as: 

• Psilocybin mushrooms
• Mescaline (excluding peyote)
• Ayahuasca

These measures do not legalize distribution or commercial activity. They also do not change state law. Someone found with psilocybin in a decriminalized city could still be charged under California state law or federal law, depending on the situation.

Additionally, decriminalization affects local enforcement priorities, not the underlying legal status of the substance.

Penalties Under California Law

Penalties for psilocybin-related offenses in California vary depending on the activity, the amount involved, and prior criminal history. Below is a clear breakdown of what individuals may face:

Possession (small amount for personal use)

• Usually charged as a misdemeanor
• Punishable by up to one year in county jail
• Possible fines ranging from several hundred to a few thousand dollars
• First-time offenders may be eligible for diversion programs or alternative sentencing

Cultivation, manufacture, or intent to distribute

• Often charged as a felony, particularly for larger quantities
• Penalties can include county jail or state prison sentences ranging from 16 months to 3 years, depending on circumstances
• Significant fines apply, and aggravating factors can increase penalties
• Prosecutors may choose misdemeanor or felony charges based on the facts of the case

Possession of spores or mycelium

• Even spores that do not yet contain psilocybin are illegal if intended for cultivation
• Research exceptions are rare and strictly regulated

California courts sometimes differentiate between personal use and commercial activity. Small amounts may be treated more leniently, while evidence of distribution can trigger harsher charges. 

At the same time, repeat offenses typically carry steeper penalties.

Legislative Efforts and Changes in 2025

California lawmakers have repeatedly introduced measures to relax or change psilocybin laws. Between 2020 and 2025, several key developments have shaped the conversation:

• Early legislative discussions focused on adopting models similar to Oregon’s psilocybin services program
• Senate Bill 58 passed both legislative chambers but was vetoed by Governor Gavin Newsom in October 2023
  • The veto cited the need for stronger safety guidelines and a regulatory framework before decriminalization
• Senate Bill 751, introduced in 2024, did not advance out of committee

As of April 2025, no statewide legalization or regulated therapeutic program has been enacted. However, legislative interest remains strong, and public opinion surveys show increasing support for regulated psychedelic access.

Therapeutic Use, Clinical Trials, and Exceptions

Research on the therapeutic use of psilocybin has expanded rapidly. Clinical trials in California and other states are testing psilocybin-assisted therapy for depression, PTSD, and end-of-life anxiety. 

Regulatory Recognition and Medical Research

The Food and Drug Administration has granted psilocybin “breakthrough therapy” designation for certain uses, a status that expedites research and review.

California has not yet established a legal therapeutic access program. Current legal pathways are narrow:

• Individuals may participate in approved clinical trials under federal and state oversight
• Research institutions may obtain special permissions for controlled studies
• There is no legal structure for general therapeutic or personal use outside these settings

Several legislative proposals have included frameworks for regulated psychedelic-assisted therapy. These would involve: 

• Licensing facilitators
• Creating oversight boards
• Allowing adults to access psilocybin in supervised settings

While these frameworks have not passed into law, they signal a likely direction for future reforms.

Key Takeaways on the Legality of Magic Mushrooms in California

• Magic mushrooms are illegal statewide in California under both state and federal law
• Decriminalization in select cities reduces local enforcement but does not legalize possession or distribution
• Penalties depend on the amount, intent, and criminal history, ranging from misdemeanors to felonies
• Legislative efforts to legalize or regulate psychedelics have gained momentum, but have not yet succeeded
• Therapeutic use remains confined to clinical trials and research settings

Staying informed about both local ordinances and statewide law is essential, as the legal environment is changing but remains restrictive.

Looking Ahead: What Californians Should Watch For

California’s stance on magic mushrooms is changing gradually, with local reforms and scientific research paving the way for potential future legalization. Cities such as Oakland and Santa Cruz have shown that attitudes are shifting, but state law still firmly classifies psilocybin as a Schedule I controlled substance.

The conversation is no longer whether psychedelics will enter California’s legal framework, but how and when.

Whether out of curiosity, personal use, or legal necessity, accurate information and sound legal guidance are crucial. Talk to criminal defense attorneys like The Nieves Law Firm, who track these changes and provide insight into both current law and future trends. 

This article is for informational purposes only and does not constitute legal advice. Laws may change, and individual circumstances vary. For guidance on a specific situation, consult a qualified attorney.