Legal reference — Texas

Are Psilocybin Mushrooms Legal in Texas? (2026)

Plain-language guide to Texas’s psilocybin, MDMA, and psychedelic laws — what’s legal, what isn’t, and what may change.

Last reviewed: 2026-05-02  ·  Educational only — not legal advice
Educational only — not legal advice. Laws change rapidly. Verify current statutes with a licensed attorney before making any decision. Corrections: corrections@mindmedicinelaw.com.
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Illegal — no state or local reform No. Psilocybin mushrooms are Schedule I under Texas Health & Safety Code §481.103. No city has passed a decriminalization or deprioritization resolution. Texas has funded ibogaine research (SB 2308, 2025) but psilocybin remains fully illegal for personal use.
✓ Ibogaine research ✎ Pending legislation

Ibogaine research program

SB 2308 (2025) appropriated substantial funding for ibogaine research at Texas A&M in partnership with former Kentucky official W. Bryan Hubbard. Texas IMPACT ibogaine trial is one of the larger active US ibogaine research programs.

Recent & pending legislation

Important notes

Texas remains the only US state where wild peyote harvest is permitted under federal distributor licensing. Psilocybin and psilocybin-containing products (including gummies and edibles) are Schedule I in Texas; no decriminalization has passed. Amanita muscaria (which contains muscimol, not psilocybin) occupies a regulatory grey area and is sold in some Texas stores — it is not the same as psilocybin mushrooms and does not produce the same effects.

Legal access options for Texas residents (2026)

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

How Texas compares to nearby states

Frequently asked questions about Texas psilocybin law

Are psilocybin mushrooms legal in Texas?

No. Psilocybin and psilocin are Schedule I controlled substances under Texas Health & Safety Code §481.103. Possession carries criminal penalties. No Texas city has passed a deprioritization or decriminalization resolution for psilocybin. No state-level reform has passed as of 2026.

Are Amanita muscaria mushrooms legal in Texas?

Amanita muscaria (the red-and-white spotted mushroom) contains muscimol and ibotenic acid — not psilocybin. Muscimol is not scheduled under Texas state law or federal law, which is why Amanita muscaria products (gummies, extracts, tinctures) are sold in some Texas wellness and vape stores. These are legally and chemically distinct from psilocybin mushrooms and produce a very different effect.

Are mushrooms legal in Austin or Houston?

No. Neither Austin nor Houston has passed a decriminalization or deprioritization resolution for psilocybin. Texas state law applies, and psilocybin mushrooms are Schedule I throughout the state.

Does Texas have any psychedelic research programs?

Yes, for ibogaine specifically. SB 2308 (2025) appropriated significant funding for ibogaine research at Texas A&M through the Texas IMPACT program, targeting veterans with PTSD and TBI. This is a research program, not a consumer access program, and it covers ibogaine, not psilocybin.

Last reviewed: 2026-05-02. Tell us what's changed — corrections@mindmedicinelaw.com.