Legal reference — Illinois

Are Psilocybin Mushrooms Legal in Illinois? (2026)

No. Psilocybin mushrooms are illegal statewide in Illinois in 2026; Chicago has not passed psilocybin decriminalization.

Last reviewed: 2026-06-21  ·  Educational only — not legal advice
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Illegal statewide; CURE Act pending No. Psilocybin mushrooms are illegal in Illinois. Psilocybin is a Schedule I controlled substance under the Illinois Controlled Substances Act (720 ILCS 570/204), and it is also Schedule I under the federal Controlled Substances Act. Illinois has not passed any state-level decriminalization or therapeutic access program. No Illinois city, including Chicago, has passed a deprioritization resolution for psilocybin. The Compassionate Use and Research of Entheogens (CURE) Act, HB 1143, is a pending bill that would remove psilocybin and psilocyn from Schedule I and set up licensed service centers, facilitators, and testing. Representative La Shawn K. Ford introduced it on January 9, 2025, and it was re-referred to the House Rules Committee on March 27, 2026. Psilocybin stays a Schedule I controlled substance in Illinois until a bill passes and is signed into law.
✎ Pending bills

Recent & pending legislation

Important notes

Illinois has introduced multiple bills addressing psilocybin, including the CURE Act (HB 1143). None have passed as of 2026. Psilocybin mushrooms are Schedule I under the Illinois Controlled Substances Act and federal law. No city in Illinois has passed a deprioritization resolution specifically for psilocybin.

Primary sources to verify Illinois law

Illinois Controlled Substances Act §204

Illinois Schedule I controlled-substance list.

Open source

Illinois General Assembly

Official source for the CURE Act and related psychedelic bills.

Open source

Legal access options for Illinois residents (2026)

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

How Illinois compares to nearby states

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Frequently asked questions about Illinois psilocybin law

Is psilocybin legal in Illinois in 2026?

No. Psilocybin mushrooms are illegal statewide in Illinois in 2026; Chicago has not passed psilocybin decriminalization.

Are mushrooms legal in Illinois?

No. Psilocybin mushrooms are illegal in Illinois. Psilocybin is a Schedule I controlled substance under the Illinois Controlled Substances Act (720 ILCS 570/204), and it is also Schedule I under the federal Controlled Substances Act. Illinois has not passed any state-level decriminalization or therapeutic access program. No Illinois city, including Chicago, has passed a deprioritization resolution for psilocybin. The Compassionate Use and Research of Entheogens (CURE) Act, HB 1143, is a pending bill that would remove psilocybin and psilocyn from Schedule I and set up licensed service centers, facilitators, and testing. Representative La Shawn K. Ford introduced it on January 9, 2025, and it was re-referred to the House Rules Committee on March 27, 2026. Psilocybin stays a Schedule I controlled substance in Illinois until a bill passes and is signed into law.

Are psilocybin mushrooms legal in Illinois?

No. Psilocybin is a Schedule I controlled substance under the Illinois Controlled Substances Act (720 ILCS 570/204). Psilocybin is also Schedule I under the federal Controlled Substances Act, so no city or state-level change would remove federal exposure. No state-level decriminalization or therapeutic access program has passed. No Illinois city — including Chicago — has passed a deprioritization resolution for psilocybin. See the /tools/psychedelic-legalization-tracker for the full current state-by-state picture. For where psilocybin is legal, see our guide to <a href="/guides/are-mushrooms-legal">which states have legal mushrooms</a>.

Is microdosing psilocybin legal in Illinois?

No. Illinois law does not distinguish by dose or intent. Psilocybin is Schedule I under the Illinois Controlled Substances Act (720 ILCS 570/204) regardless of amount. Under 720 ILCS 570/402, possession of any amount up to 15 grams, a typical microdose range, is still a Class 4 felony carrying one to three years in prison and up to a $25,000 fine. There is no medical, therapeutic, or personal-use carve-out for microdosing under current Illinois law.

Are mushrooms legal in Chicago?

No. Chicago has not passed any city resolution on psilocybin mushrooms. Illinois state law classifies psilocybin as Schedule I, and that applies throughout Chicago.

What is the CURE Act in Illinois?

The Compassionate Use and Research of Entheogens (CURE) Act is proposed Illinois legislation to legalize regulated therapeutic psilocybin, but it has not passed. HB 1143, introduced by Representative La Shawn K. Ford on January 9, 2025, would remove psilocybin and psilocyn from Schedule I and establish licensed service centers, facilitators, and testing. The measure was re-referred to the House Rules Committee on March 27, 2026, with the full legislative history covered in <a href="/law/illinois-hb-1143">Illinois HB 1143 explained</a>. Psilocybin remains a Schedule I controlled substance in Illinois until a bill passes and is signed into law.

What are the penalties for psilocybin possession in Illinois?

Possession of psilocybin in Illinois is a felony, classified in the ordinary case as a Class 4 felony under 720 ILCS 570/402(c). That conviction carries one to three years in prison and a fine of up to $25,000. Under 720 ILCS 570/410, an individual with no prior felony drug or cannabis convictions may be sentenced to 24 months of probation without an entered judgment. The court discharges the person and dismisses the proceedings upon successful completion, though this disposition is discretionary and never guaranteed. Manufacture or delivery falls under 720 ILCS 570/401 and carries more serious penalties.

Are Amanita muscaria mushrooms legal in Illinois?

Yes. Amanita muscaria is not a controlled substance under the Illinois Controlled Substances Act (720 ILCS 570/) or federal law. Its active compound, muscimol, is not scheduled in Illinois. Amanita muscaria products are sold legally in Illinois. They are pharmacologically distinct from psilocybin mushrooms — muscimol acts on GABA receptors, not serotonin 2A receptors — and do not produce the same effects.

Are psilocybin mushroom spores legal in Illinois?

Yes. Psilocybin mushroom spores contain no psilocybin, so they are not a Schedule I substance under the Illinois Controlled Substances Act (720 ILCS 570/) or federal law, and spores are sold legally in Illinois. Germinating spores into mycelium or fruiting bodies is manufacturing a Schedule I controlled substance — a felony under 720 ILCS 570/401. Possession of spores with clear intent to cultivate can still be prosecuted even though the spores themselves are not scheduled.

Does Illinois' legal recreational cannabis law (effective 2020) also cover psilocybin?

No, Illinois' recreational cannabis law does not cover psilocybin. The Cannabis Regulation and Tax Act legalized cannabis for adults 21 and older effective January 1, 2020, but that law applies only to cannabis. Psilocybin mushrooms remain a Schedule I controlled substance under Illinois law, entirely separate from and unaffected by the cannabis law.

Can I buy mushroom gummies in Illinois?

Legality turns entirely on which mushroom compound the gummy contains: Amanita muscaria gummies are legal in Illinois, while any gummy containing psilocybin is a Class 4 felony. Amanita muscaria is not a controlled substance under the Illinois Controlled Substances Act (720 ILCS 570/). Its active compound, muscimol, is unscheduled in Illinois and acts on GABA receptors instead of serotonin 2A receptors. Product labels are not a reliable guide, and psilocybin remains Schedule I under 720 ILCS 570/204 regardless of marketing claims. Under 720 ILCS 570/402, possessing less than 15 grams is a Class 4 felony carrying one to three years in prison and a fine of up to $25,000.

Do Chicago dispensaries sell psilocybin mushrooms?

No, licensed cannabis dispensaries in Chicago cannot lawfully sell psilocybin mushrooms. The Illinois Cannabis Regulation and Tax Act authorized retail dispensaries for cannabis alone when it took effect on January 1, 2020. Psilocybin remains a Schedule I controlled substance under the Illinois Controlled Substances Act (720 ILCS 570/204). Chicago has passed no city resolution on psilocybin. The Compassionate Use and Research of Entheogens (CURE) Act, filed as HB 1143, would establish a regulated therapeutic framework. That measure has not passed into law as of 2026.

Educational only — not legal advice. Laws change rapidly. Verify current statutes with a licensed attorney before making any decision. Corrections: corrections@mindmedicinelaw.com.
Last reviewed: 2026-06-21. Tell us what's changed — corrections@mindmedicinelaw.com.