Legal reference — Texas

Are Psilocybin Mushrooms Legal in Texas? (2026)

No. Psilocybin mushrooms are illegal statewide in Texas in 2026; no Texas city has passed psilocybin decriminalization.

Last reviewed: 2026-05-02  ·  Educational only — not legal advice
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Illegal statewide; no local decriminalization 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 bills

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.

Primary sources to verify Texas law

Texas Health & Safety Code Chapter 481

Texas controlled-substance statute containing the Penalty Group/Schedule provisions for psilocybin.

Open source

Texas Legislature Online

Official source for Texas psychedelic research and access bills.

Open source

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

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Frequently asked questions about Texas psilocybin law

Is psilocybin legal in Texas in 2026?

No. Psilocybin mushrooms are illegal statewide in Texas in 2026; no Texas city has passed psilocybin decriminalization.

Are mushrooms legal in Texas?

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.

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.

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