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 Task Force on Responsible Use of Natural Psychedelic Substances reported in October 2025 and was extended through December 2027 (HB 427 / SB 336, 2026); no law legalizing or licensing psilocybin has passed.

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 Task Force on Responsible Use of Natural Psychedelic Substances issued a report in October 2025, and the General Assembly extended the task force through December 2027 in 2026, but no law legalizing, decriminalizing or licensing psilocybin has been enacted.

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.

Maryland's plan relies on a legislative task force charged with recommending policies for a future Maryland Natural Psychedelic Substance Access Program. In 2026, the General Assembly passed HB 427 and SB 336 to extend that task force to December 31, 2027, with an updated report due October 31, 2026. Those laws extend the study and do not legalize, decriminalize, or license psilocybin. The substance remains a Schedule I controlled dangerous substance in Maryland, with legal access in a research setting limited to FDA-regulated clinical trials.

Possession of psilocybin in Maryland is a misdemeanor. Under Maryland Criminal Law §5-601(c)(1), a first conviction for possessing a controlled dangerous substance carries up to 1 year in jail or a fine of up to $5,000, or both. Possession with intent to distribute is a separate felony under §5-602 with much heavier penalties; check the current statute or an attorney for exact terms. For drug-test questions, see /guides/psilocybin.

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. Maryland's adult-use cannabis exception in §5-601 covers only cannabis; it does not extend to psilocybin.

No. Traveling with mushroom gummies is illegal under federal law, which treats psilocybin edibles the same as Schedule I mushrooms under 21 CFR 1308.11(d). Federal law applies in every state, so carrying psilocybin across state lines is federal possession regardless of Maryland's rules. A first offense under 21 U.S.C. 844(a) carries up to one year in prison and a minimum $1,000 fine, alongside separate state penalties under Md. Code, Criminal Law 5-601(c)(1).