Legal reference — Massachusetts

Are Psilocybin Mushrooms Legal in Massachusetts? (2026)

No. Massachusetts voters rejected Question 4 in 2024; psilocybin remains illegal statewide in 2026 despite local deprioritization in some cities.

Last reviewed: 2026-06-21  ·  Educational only — not legal advice
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Illegal statewide; local deprioritization in some cities No. Massachusetts voters rejected Question 4 (natural psychedelic substances) in November 2024, 57–43. Psilocybin is Schedule I under MGL c.94C §31. Seven cities have deprioritization resolutions (Somerville, Cambridge, Northampton, Easthampton, Salem, Amherst, Provincetown) but these are not legal protections.
✓ State decriminalized ✓ City decriminalized (7 cities) ✎ Pending bills

State-level decriminalization

Question 4 (Massachusetts Natural Psychedelic Substances Initiative) failed at the November 2024 ballot (57-43).

City-level deprioritization

The following cities in Massachusetts have passed resolutions directing local police to treat entheogenic plant and fungi enforcement as the lowest priority: Somerville, Cambridge, Northampton, Easthampton, Salem, Amherst, Provincetown.

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

Primary sources to verify Massachusetts law

Massachusetts General Laws c.94C §31

Massachusetts controlled-substance schedules.

Open source

Massachusetts Legislature

Official source for Massachusetts psychedelic bills and ballot-related materials.

Open source

Legal access options for Massachusetts residents (2026)

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

How Massachusetts compares to nearby states

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Frequently asked questions about Massachusetts psilocybin law

Is psilocybin legal in Massachusetts in 2026?

No. Massachusetts voters rejected Question 4 in 2024; psilocybin remains illegal statewide in 2026 despite local deprioritization in some cities.

Are mushrooms legal in Massachusetts?

No. Massachusetts voters rejected Question 4 (natural psychedelic substances) in November 2024, 57–43. Psilocybin is Schedule I under MGL c.94C §31. Seven cities have deprioritization resolutions (Somerville, Cambridge, Northampton, Easthampton, Salem, Amherst, Provincetown) but these are not legal protections.

Are psilocybin mushrooms legal in Massachusetts?

No. Massachusetts voters rejected Question 4 — the Natural Psychedelic Substances Initiative — in November 2024 by a 57-43 margin. Psilocybin remains Schedule I under Massachusetts General Laws c.94C §31. Seven cities (Somerville, Cambridge, Northampton, Easthampton, Salem, Amherst, Provincetown) have passed deprioritization resolutions, but these affect local police priorities only and do not make psilocybin legal.

Did Massachusetts vote on mushrooms?

Yes. Question 4 on the November 2024 ballot would have decriminalized personal use and possession of psilocybin, DMT, mescaline, and ibogaine for adults and created a regulatory framework for therapeutic access. Voters rejected it 57% to 43%.

Are mushrooms legal in Boston or Cambridge?

Not legally. Cambridge has a city deprioritization resolution, but Boston does not. Massachusetts state law applies in both cities — psilocybin is Schedule I. Cambridge's resolution directs local police to treat entheogen enforcement as lowest priority; it is not a legal protection against state or federal charges.

Can Massachusetts voters try again after Question 4 failed?

Yes. A new ballot initiative could be filed for a future election cycle. Advocacy organizations are analyzing what changes to the ballot language might improve passage. A legislative approach (through the state legislature rather than ballot initiative) is also possible.

What are the penalties for psilocybin possession in Massachusetts?

Possession of psilocybin in Massachusetts is a criminal offense. Under Massachusetts General Laws c.94C §34, possession of a Class C controlled substance — which includes psilocybin — is punishable by up to one year in jail and a fine of up to $1,000 for a first offense. Subsequent offenses carry up to two years. Distribution or trafficking under MGL c.94C §32B carries substantially heavier penalties. The seven cities with deprioritization resolutions do not provide legal protection against state or federal charges.

Are Amanita muscaria mushrooms legal in Massachusetts?

Yes. Amanita muscaria (the red-and-white spotted mushroom) is not a controlled substance under Massachusetts General Laws c.94C or federal law. It contains muscimol, not psilocybin, and is a legally distinct product. Amanita muscaria gummies and extracts are sold legally in Massachusetts. However, Amanita muscaria is not psilocybin and does not produce the same clinical or psychedelic effects.

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.