Are Psilocybin Mushrooms Legal in Minnesota? (2026)

No. Psilocybin and psilocin are Schedule I hallucinogenic substances under Minnesota Statutes §152.02. No statewide decriminalization or licensed access program exists. Minneapolis has deprioritized enforcement by executive order, and HF 2906 (2025 to 2026 session) would create a licensed therapy program, but neither changes what is legal to possess today.

No. Psilocybin and psilocin are Schedule I hallucinogenic substances under Minnesota Statutes §152.02. No statewide decriminalization or licensed access program exists. Minneapolis has deprioritized enforcement by executive order, and HF 2906 (2025 to 2026 session) would create a licensed therapy program, but neither changes what is legal to possess today.

No. Psilocybin and psilocin are listed as Schedule I hallucinogenic substances under Minnesota Statutes §152.02. Possession, sale, or cultivation is a criminal offense under state law, and the substance remains Schedule I federally as well. No county or statewide measure has decriminalized psilocybin as of 2026.

Not legally, but enforcement is deprioritized. Minneapolis Mayor Jacob Frey signed Executive Order 2023-01 in July 2023, directing the Minneapolis Police Department to treat investigation and arrest for entheogenic plants and fungi (including psilocybin mushrooms, ayahuasca, and mescaline-containing cacti) as the lowest law-enforcement priority. The order is a mayoral directive, not a city council ordinance, and it does not make possession legal. Hennepin County prosecutors and Minnesota state troopers are not bound by it.

Yes, but nothing has passed yet. The legislature created a Psychedelic Medicine Task Force in 2023 (HF 1884), housed at the Minnesota Department of Health, to study psilocybin, MDMA, and LSD as medicine. The task force's final report, submitted in January 2025, recommended that lawmakers create a state-regulated clinical program for therapeutic psilocybin and remove criminal penalties for personal possession. Neither recommendation is law yet.

HF 2906, introduced in the 2025 to 2026 legislative session and referred to the House Commerce Finance and Policy Committee in March 2026, would reclassify psilocybin from Schedule I to Schedule IV and license facilitators to run supervised sessions in three parts: a preparation session, an administration session, and an integration session. Sessions would happen in an approved private residence or a licensed treatment facility, for registered patients age 21 and older with a qualifying diagnosis. It would not legalize retail sale or unsupervised personal use, and it had not passed as of September 2026.

Fifth-degree controlled substance possession, which covers a small amount of a Schedule I substance like psilocybin under Minnesota Statutes §152.025, is a gross misdemeanor for a first offense, carrying up to one year in jail and a $3,000 fine. Larger quantities or evidence of intent to sell raise the charge to a felony under §152.021 through §152.023, with significantly higher penalties.

Yes. Psilocybin mushroom spores contain no psilocybin or psilocin, so they are not a controlled substance under Minnesota Statutes §152.02 or federal law, and spores are sold legally in Minnesota. Minnesota is not one of the states that explicitly ban spore possession (California, Florida, Georgia, and Idaho). Germinating spores into mycelium or fruiting bodies is manufacturing a controlled substance, prosecutable under Minnesota's controlled-substance manufacturing provisions.

Minnesota sits between two very different neighbors. Wisconsin has no state-level reform at all: psilocybin is Schedule I with no decriminalization measure, no city deprioritization resolution, and no pending legislation. Michigan is further along than Minnesota. Detroit and Ann Arbor have both passed local decriminalization resolutions, and multiple Michigan cities have followed. Minnesota falls in between: one mayoral deprioritization order in Minneapolis, a completed legislative task force, and a pending licensed-therapy bill, but no city-level decriminalization vote and no program signed into law.