Are Psilocybin Mushrooms Legal in Maryland? (2026)

No. Psilocybin mushrooms are illegal statewide in Maryland in 2026; a task-force recommendation has not created legal access.

No. Psilocybin is Schedule I under Maryland Criminal Law §5-402. No decriminalization or licensed program exists. Maryland's 2024 Psychedelic Substances Task Force recommended a regulated access program; HB 0160 (2025) is the pending implementation bill.

No. Psilocybin is a Schedule I controlled substance under Maryland Criminal Law §5-402. No state-level decriminalization has passed. No Maryland city has enacted a deprioritization resolution. Maryland's Psychedelic Substances Task Force released a detailed report in January 2024 recommending a licensed psilocybin services program modeled on Oregon's, but no law has been enacted based on that recommendation.

No, in Maryland. The District of Columbia is a separate jurisdiction where Initiative 81 (2020) made entheogen enforcement the lowest MPDC priority — but that is DC, not Maryland. Baltimore has not passed any psilocybin measure. Maryland suburbs of DC (Bethesda, Silver Spring, College Park) follow Maryland state law.

HB 0160 (2025) would implement the task force recommendation by creating a licensed therapeutic-access program similar to Oregon's Measure 109. If passed, it would require the Maryland Department of Health to establish rules for service centers and facilitators.

Possession of psilocybin in Maryland is a misdemeanor. Under Maryland Criminal Law §5-601, simple possession of a Schedule I controlled substance carries up to one year in jail and a fine of up to $5,000 for a first conviction. Possession with intent to distribute is a separate, far more serious charge under §5-602, carrying up to 20 years in prison and a fine of up to $25,000 for a first offense. Maryland classifies simple possession as a misdemeanor rather than a felony, a lighter treatment than several neighboring states.

Yes. Psilocybin mushroom spores contain no psilocybin, so they are not a controlled substance under Maryland Criminal Law §5-402 or federal law, and spores are sold legally in Maryland. Germinating spores into mycelium or fruiting bodies is manufacturing a controlled substance, prosecutable under Maryland's CDS manufacturing provisions. Maryland is not one of the four states — California, Florida, Georgia, and Idaho — that explicitly ban spore possession.

Amanita muscaria mushrooms and edible products made from them are legal to buy, sell, and possess in Maryland. Neither the fungus nor its active compounds, muscimol and ibotenic acid, are listed under Maryland Criminal Law Code § 5-402 or the federal Controlled Substances Act (CSA). In contrast, psilocybin edibles remain illegal Schedule I controlled dangerous substances under both state and federal law. The FDA concluded in December 2024 that Amanita muscaria does not meet federal food-safety standards. That requires products to be marketed as botanicals instead of food, but it does not make possession or sales illegal.

No, Maryland's medical cannabis program does not cover psilocybin therapy. Established under the Natalie M. LaPrade Maryland Medical Cannabis Commission framework, the state program covers only cannabis for qualifying medical conditions and excludes all psychedelics. Psilocybin remains a Schedule I controlled substance in Maryland with no medical-access or therapeutic program, unlike Oregon and Colorado, which have dedicated psilocybin service programs.