Legal reference — Ohio

Are Psychedelic Mushrooms Legal in Ohio? (2026)

No. Ohio's cannabis legalization did not legalize psilocybin; mushrooms remain Schedule I statewide in 2026.

Last reviewed: 2026-06-21  ·  Educational only — not legal advice
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Illegal statewide; cannabis legalization does not apply No. Ohio's Issue 2 (2023) legalized adult-use cannabis but did not include psilocybin. Psilocybin mushrooms remain Schedule I under Ohio Revised Code §3719.41 and federal law. No Ohio city has passed a decriminalization measure.
✎ Pending bills

Recent & pending legislation

Important notes

Ohio passed Issue 2 in November 2023 legalizing adult-use cannabis, but that law does not affect psilocybin. Psilocybin mushrooms remain Schedule I under Ohio Revised Code §3719.41 and federal law. No psychedelic decriminalization has passed at the state level. Columbus, Cleveland, and Cincinnati have not passed city-level decriminalization resolutions. HB 249 (2025) proposes a therapeutic pilot but has not advanced.

Primary sources to verify Ohio law

Ohio Revised Code §3719.41

Ohio controlled-substance schedules.

Open source

Ohio Legislature

Official source for Ohio psilocybin and MDMA research/access bills.

Open source

Legal access options for Ohio residents (2026)

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

How Ohio compares to nearby states

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Frequently asked questions about Ohio psilocybin law

Is psilocybin legal in Ohio in 2026?

No. Ohio's cannabis legalization did not legalize psilocybin; mushrooms remain Schedule I statewide in 2026.

Are mushrooms legal in Ohio?

No. Ohio's Issue 2 (2023) legalized adult-use cannabis but did not include psilocybin. Psilocybin mushrooms remain Schedule I under Ohio Revised Code §3719.41 and federal law. No Ohio city has passed a decriminalization measure.

Are psilocybin mushrooms legal in Ohio?

No. Psilocybin is Schedule I under Ohio Revised Code §3719.41. Ohio passed Issue 2 in November 2023 legalizing adult-use cannabis, but that law applies only to marijuana and does not affect psilocybin. No Ohio city has passed a decriminalization or deprioritization resolution for psilocybin mushrooms.

Did Ohio legalize magic mushrooms with Issue 2?

No. Issue 2 (November 2023) legalized recreational cannabis in Ohio. Psilocybin was not mentioned in the measure. Magic mushrooms, psilocybin gummies, and psilocybin edibles all remain Schedule I controlled substances in Ohio.

Are mushrooms legal in Columbus, Cleveland, or Cincinnati?

No. None of Ohio's major cities have passed decriminalization or deprioritization resolutions for psilocybin. Ohio state Schedule I law applies in all of them.

Is there any Ohio bill to legalize psilocybin therapy?

HB 249 (2025) would establish a psilocybin-assisted therapy pilot program in Ohio, and HB 58 (2023) previously proposed psilocybin and MDMA research for PTSD and depression. Neither has passed into law. If HB 249 advances, it would create a research pathway, not general public access.

What are the penalties for psilocybin possession in Ohio?

Possession of psilocybin in Ohio is a felony. Under Ohio Revised Code §2925.11, possession of a Schedule I controlled substance is a fifth-degree felony for small amounts, carrying up to 12 months in prison and a $2,500 fine. Larger quantities escalate the charge to higher-degree felonies with correspondingly greater penalties. Trafficking or distribution under ORC §2925.03 carries additional charges. No Ohio city has a diversion or decriminalization pathway for psilocybin.

Are Amanita muscaria mushrooms legal in Ohio?

Yes. Amanita muscaria is not a controlled substance under Ohio Revised Code §3719.41 or federal law. Its active compounds — muscimol and ibotenic acid — are not scheduled in Ohio. Amanita muscaria products, including gummies and dried caps, are sold legally in Ohio. However, Amanita muscaria is pharmacologically distinct from psilocybin mushrooms and does not produce the same 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.