Are Psilocybin Mushrooms Legal in California? (2026)

No. Psilocybin mushrooms are illegal statewide in California in 2026; six cities deprioritize enforcement, but that is not legal protection.

No. Psilocybin mushrooms are Schedule I under California Health & Safety Code §11054. No state-level decriminalization or licensed program exists. Six cities have deprioritization resolutions (Oakland, SF, Santa Cruz, Berkeley, Arcata, Eureka) — these are not legal protections.

No. Psilocybin (the active compound in magic mushrooms) is Schedule I under California Health & Safety Code §11054(d)(13) and under federal law. Governor Newsom vetoed SB 58 in September 2023. SB 1012 (2024) failed. SB 751 (2025), a veterans and first-responder research-pilot bill, is inactive. Possession or distribution of psilocybin mushrooms in California is a criminal offense.

No. Los Angeles has not passed a deprioritization resolution for psilocybin mushrooms as of 2026. California state law classifies psilocybin as Schedule I, and that applies in Los Angeles the same as everywhere else in California.

Not legally. San Francisco passed a city council resolution in November 2022 directing the SFPD to make enforcement of entheogenic plant and fungi laws the lowest priority. This is a deprioritization policy, not a legalization — it does not make psilocybin mushrooms legal, and it does not bind the California Highway Patrol, state narcotics agents, or federal DEA.

Oakland was the first US city to pass an entheogen deprioritization resolution (June 2019). The resolution directs police not to prioritize enforcement of natural plant medicine laws. Psilocybin mushrooms remain Schedule I under state and federal law; the resolution is a policy directive, not a legal protection.

No date is set for psilocybin to become legal in California, where it remains a Schedule I controlled substance and no statewide decriminalization or licensed program exists. Senate Bill 751, introduced by Senators Becker and Jones, proposed University of California research pilot programs in up to five counties for psilocybin therapy services for veterans and former first responders. The bill did not legalize psilocybin and was not modeled on Oregon's Measure 109. Held under submission in Senate Appropriations on May 23, 2025, the measure was returned to the Secretary of the Senate as inactive under Joint Rule 56 on February 2, 2026.

No. Commercial psilocybin retreats are illegal across California as of 2026. Psilocybin and psilocin remain Schedule I under California Health & Safety Code §11054, and California prohibits possession, sale, transportation, manufacture, and cultivation. The six city-level deprioritization resolutions (Oakland, San Francisco, Santa Cruz, Arcata, Berkeley, Eureka) direct local police to deprioritize enforcement, but they do not create legal authority for commercial retreat operations. The only legal psilocybin retreats accessible to California residents are in Oregon (Measure 109 service centers) and Colorado (Prop 122 healing centers). For the state-by-state picture, see our guide to <a href="/guides/are-mushrooms-legal">which states have legal mushrooms</a>.

Six California cities have passed entheogen deprioritization resolutions: Oakland (June 2019, all entheogens), Santa Cruz (January 2020), Arcata (October 2021), San Francisco (September 2022), Berkeley (July 2023), and Eureka (October 2023). All six are city council resolutions — not ballot initiatives — directing local police to deprioritize enforcement against personal possession and use. None of these resolutions legalize psilocybin or create a legal retreat or sale pathway. See our <a href="/guides/cities-that-decriminalized-psilocybin">full guide to US cities that decriminalized psilocybin</a> for the complete list and what each resolution covers.

No. Transporting psilocybin mushrooms across state lines is a federal offense under the Controlled Substances Act, regardless of the legality in the originating state. Oregon's licensed service centers are also prohibited from allowing off-site consumption of product.

No. Unlike most states, where psilocybin spores are legal because they contain no psilocybin or psilocin themselves, California explicitly bans them under Health & Safety Code §11391, which prohibits possession or sale of any spores capable of producing psilocybin or psilocin. The penalty is a misdemeanor punishable by up to one year, escalating to a felony for sale or possession of a large quantity. California is one of only four US states with an explicit spore ban. See our full guide to psilocybin spore legality by state for the complete breakdown.

Possession of psilocybin in California is ordinarily a misdemeanor. Under California Health & Safety Code §11377, simple possession is punishable by up to one year in county jail and a fine of up to $1,000. Before Proposition 47 (2014) reduced the charge, simple possession could be filed as a felony; today felony exposure applies only to defendants with certain prior convictions. People charged with personal possession may also qualify for drug treatment diversion under Proposition 36 instead of jail time.

Yes. Amanita muscaria (the red-and-white spotted mushroom) contains muscimol, not psilocybin, so it is not a controlled substance under California Health & Safety Code §11054 or federal law. This is different from psilocybin mushroom spores, which California bans explicitly under Health & Safety Code §11391 — that ban applies only to spores capable of producing psilocybin or psilocin, and Amanita muscaria does not produce either. Amanita muscaria gummies and extracts are sold legally in California, but the mushroom is pharmacologically distinct from psilocybin mushrooms and does not produce the same effects.

No, California's Proposition 64 (Prop 64) does not affect psilocybin's legal status at all. Passed in 2016, the ballot initiative legalized recreational cannabis for adults 21 and older, but it applies strictly to cannabis. Psilocybin mushrooms remain illegal under California Health & Safety Code Section 11054 as a Schedule I-equivalent controlled substance, entirely separate from and unaffected by the state's cannabis legalization framework.

No licensed psilocybin dispensary or retail sales point exists anywhere in California. Psilocybin remains classified as a Schedule I controlled substance under California Health & Safety Code §11054, making commercial sales illegal statewide. People sometimes confuse this status with California's legal recreational cannabis dispensaries, established under Proposition 64 (2016). Cannabis dispensaries are unrelated and do not sell psilocybin. Proposition 64 does not affect psilocybin's Schedule I classification. Six California cities (Oakland, San Francisco, Santa Cruz, Berkeley, Arcata, and Eureka) have adopted municipal police-deprioritization resolutions for psilocybin. Those policies guide local law enforcement priorities and do not authorize retail sales or commercial storefronts. California also lacks an equivalent regulated access program as of 2026, unlike Oregon's Measure 109 service centers or Colorado's Proposition 122 healing centers. Senate Bill (SB) 751 (2025) was a veterans and first-responder research-pilot bill, not a retail framework, and it is now inactive; no California law authorizes purchase points today. To compare how licensed access models operate across state lines, consult the <a href="/tools/psychedelic-legalization-tracker">psychedelic legalization tracker</a>.

No. California law does not distinguish microdosing from any other form of possession. Under California Health & Safety Code §11054, psilocybin is criminalized as a Schedule I controlled substance with no quantity or dose threshold. Under California Health & Safety Code §11377, simple possession covers a microdose-sized quantity the same as any other amount and is ordinarily a misdemeanor punishable by up to one year in county jail and a fine of up to $1,000. People charged with personal possession of microdose quantities may qualify for drug treatment diversion under Proposition 36 instead of jail time. Six California cities (Oakland, San Francisco, Santa Cruz, Berkeley, Arcata, and Eureka) have enacted municipal deprioritization resolutions, but those measures deprioritize enforcement generally and do not carve out an exception for microdosing or legalize any quantity. At the state level, SB 751 (2025), a research-pilot bill, is inactive. Furthermore, existing state programs in Oregon and Colorado restrict participation to supervised in-person sessions rather than creating a legal framework for unsupervised at-home microdosing. To understand how California law treats cultivation materials before active compounds develop, read our guide on <a href="/guides/psilocybin-spores-legal">psilocybin spores legality</a>.

No, California does not have a psilocybin or psychedelic measure qualified for the November 3, 2026 ballot, according to the California Secretary of State qualified measures list. Psilocybin remains classified as a Schedule I controlled substance under California Health and Safety Code Section 11054 and under federal law. No statewide decriminalization policy or licensed therapeutic program exists in California.

In California, mushroom gummies are legal only when they contain no psilocybin, as with gummies made from Amanita muscaria. A gummy that contains psilocybin is illegal because psilocybin is a Schedule I controlled substance under California Health and Safety Code Section 11054 and federal law. The label or marketing does not change that.