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 is Schedule I under the Illinois Controlled Substances Act (720 ILCS 570/204). No state or city decriminalization has passed. The CURE Act and HB 4782 are pending bills.
✎ Pending bills

Recent & pending legislation

Important notes

Illinois has introduced multiple bills addressing psilocybin, including a CURE Act modeled on similar legislation elsewhere. 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 is Schedule I under the Illinois Controlled Substances Act (720 ILCS 570/204). No state or city decriminalization has passed. The CURE Act and HB 4782 are pending bills.

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.

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 CURE Act (Compassionate Use and Research of Entheogens) — filed as SB 3695 and related companion bills — would create a licensed therapeutic access framework for psilocybin and related psychedelics in Illinois. It is modeled on Oregon's Measure 109. As of 2026 it has not passed.

What are the penalties for psilocybin possession in Illinois?

Possession of psilocybin in Illinois is a felony. Under 720 ILCS 570/402, possession of less than 15 grams of a Schedule I substance is a Class 4 felony, carrying one to three years in prison and a fine of up to $25,000. Possessing 15 to 100 grams is a Class 1 felony, with four to fifteen years in prison. Manufacture or delivery under 720 ILCS 570/401 carries more serious penalties. No diversion or decriminalization pathway applies to psilocybin possession in Illinois.

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.

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.