Legal reference — California

Are Psilocybin Mushrooms Legal in California? (2026)

Plain-language guide to California’s psilocybin, MDMA, and psychedelic laws — what’s legal, what isn’t, and what may change.

Last reviewed: 2026-05-02  ·  Educational only — not legal advice
Educational only — not legal advice. Laws change rapidly. Verify current statutes with a licensed attorney before making any decision. Corrections: corrections@mindmedicinelaw.com.
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Illegal — no state or local reform 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.
✓ State decrim ✓ City decrim (6 cities) ✎ Pending legislation

State-level decriminalization

No state-level decriminalization. SB 58 (2023) passed the legislature but was vetoed by Governor Newsom. SB 1012 (2024) failed. SB 751 (2025) advancing through the senate as of 2026 and could create a regulated therapeutic access framework.

City-level deprioritization

The following cities in California have passed resolutions directing local police to treat entheogenic plant and fungi enforcement as the lowest priority: Oakland, Santa Cruz, San Francisco, Berkeley, Arcata, Eureka.

Important: city deprioritization resolutions are not decriminalization and do not make psilocybin legal. They affect only local police enforcement priorities. State law and federal law still apply, and state/federal prosecutors are not bound by city council resolutions.

Recent & pending legislation

Important notes

California's six city-level deprioritization resolutions (Oakland, Santa Cruz, San Francisco, Berkeley, Arcata, Eureka) direct local police to make entheogen enforcement the lowest priority — but these are not legal protections. State and federal prosecutors are not bound by city resolutions. Psilocybin mushrooms are Schedule I under California Health & Safety Code §11054(d)(13) and federal law. There is no legal pathway to purchase, possess, or consume them in California as of 2026.

Legal access options for California residents (2026)

As of 2026, California does not have a licensed psilocybin access program. Legal options for residents include:

How California compares to nearby states

Frequently asked questions about California psilocybin law

Are psilocybin mushrooms legal in California?

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) is the current bill advancing through the legislature and could create a regulated access framework, but it has not passed into law. Until it does, possession or distribution of psilocybin mushrooms in California is a criminal offense.

Are mushrooms legal in Los Angeles?

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.

Are mushrooms legal in San Francisco?

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.

Are mushrooms legal in Oakland?

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.

When will mushrooms be legal in California?

The leading bill is SB 751 (2025), authored by Senator Wiener. If it passes and is signed by the Governor, it would establish a regulated facilitated-use framework similar to Oregon's Measure 109. As of 2026 the bill is advancing through the legislature but has not been signed. There is no guaranteed timeline.

Can I bring mushrooms from Oregon or Colorado to California?

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.

Last reviewed: 2026-05-02. Tell us what's changed — corrections@mindmedicinelaw.com.