Legal reference — Tennessee

Are Psilocybin Mushrooms Legal in Tennessee? (2026)

No. Psilocybin mushrooms are illegal statewide in Tennessee in 2026; no state or local reform has passed.

Last reviewed: 2026-06-21  ·  Educational only — not legal advice
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Illegal statewide; no reform passed No. Psilocybin mushrooms are Schedule I under Tennessee Code Annotated § 39-17-406(d), which lists psilocybin and psilocyn as scheduled hallucinogenic substances, and under federal law. No therapeutic-access program, statewide decriminalization, or city-level deprioritization resolution is in effect.
No reform passed

Important notes

Federal law applies and no state-level reform has passed or is actively progressing as of the last-reviewed date. Ketamine is legal with a prescription; psilocybin, MDMA, DMT, ibogaine, and LSD remain Schedule I under both federal and state law. No regulated therapeutic program, statewide decriminalization, or city deprioritization resolution is in effect.

Primary sources to verify Tennessee law

Tennessee General Assembly

Official source for Tennessee legislation and controlled-substance law.

Open source

Tenn. Code Ann. § 39-17-406(d)

Tennessee's Schedule I hallucinogenic-substances list, which names psilocybin and psilocyn.

Open source

Legal access options for Tennessee residents (2026)

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

How Tennessee compares to nearby states

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Frequently asked questions about Tennessee psilocybin law

Is psilocybin legal in Tennessee in 2026?

No. Psilocybin mushrooms are illegal statewide in Tennessee in 2026; no state or local reform has passed.

Are mushrooms legal in Tennessee?

No. Psilocybin mushrooms are Schedule I under Tennessee Code Annotated § 39-17-406(d), which lists psilocybin and psilocyn as scheduled hallucinogenic substances, and under federal law. No therapeutic-access program, statewide decriminalization, or city-level deprioritization resolution is in effect.

Are psilocybin mushrooms legal in Tennessee?

No. Psilocybin mushrooms are Schedule I under Tennessee Code Annotated § 39-17-406(d)(32)-(33), which name psilocybin and psilocyn as scheduled hallucinogenic substances, as well as under federal law. No therapeutic-access program, statewide decriminalization, or city-level deprioritization resolution is in effect as of the last-reviewed date.

Is psilocybin going to become legal now?

No. No legislation to reform Tennessee's psilocybin law is currently pending. Psilocybin and psilocyn remain Schedule I under Tennessee Code Annotated § 39-17-406(d), and unlike neighboring states with active task forces or bills, Tennessee has no publicly tracked psychedelic-reform legislation, therapeutic-access program, or city deprioritization measure as of the last-reviewed date.

Is any psychedelic legal in Tennessee?

Ketamine is legal in Tennessee with a prescription, administered through licensed clinics. Psilocybin, MDMA, DMT, ibogaine, and LSD remain Schedule I under both federal and Tennessee state law, with no regulated therapeutic program, decriminalization, or city deprioritization resolution in effect.

What are the penalties for psilocybin possession in Tennessee?

Possession of psilocybin in Tennessee is a criminal offense. Under Tennessee Code Annotated § 39-17-418, simple possession of a Schedule I controlled substance is a Class A misdemeanor for a first offense, punishable by up to 11 months and 29 days in jail and a fine of up to $2,500. Manufacture, delivery, or sale of psilocybin is charged separately under Tenn. Code Ann. § 39-17-417, where a violation involving a Schedule I substance is a Class B felony punishable by up to a $100,000 fine plus imprisonment.

Are psilocybin mushroom spores legal in Tennessee?

Yes. Psilocybin mushroom spores do not themselves contain psilocybin or psilocyn, so they are not listed as a Schedule I substance under Tennessee Code Annotated § 39-17-406(d) or under federal law — Tennessee is not one of the four states (California, Florida, Georgia, and Idaho) with an explicit spore ban, so spore vendors ship there legally. However, germinating spores into mycelium or fruiting bodies is manufacturing a controlled substance, a Class B felony under Tenn. Code Ann. § 39-17-417. Possessing spores together with grow equipment and clear intent to cultivate can still support a manufacturing charge even though the spores themselves are not scheduled.

Are Amanita muscaria mushrooms legal in Tennessee?

Yes. Amanita muscaria (the red-and-white spotted mushroom) is not a controlled substance under Tennessee Code Annotated § 39-17-406 or federal law. Its active compounds, muscimol and ibotenic acid, are not scheduled substances in Tennessee. Amanita muscaria gummies and dried caps are sold legally in Tennessee, but the mushroom is pharmacologically distinct from psilocybin mushrooms and does not produce the same effects.

Can Tennessee residents travel to Oregon or Colorado for legal psilocybin therapy?

Yes, Tennessee residents can legally travel to Oregon or Colorado to receive psilocybin therapy at state-licensed facilities. Neither Oregon's Measure 109 framework nor Colorado's Natural Medicine Health Act requires state residency, so out-of-state adults 21 and older may participate. State-level legal protection applies only while physically present in Oregon or Colorado. Transporting or possessing psilocybin back in Tennessee remains illegal under Tenn. Code Ann. § 39-17-417 and § 39-17-418.

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.