If you intend to use psilocybin in California, it’s important to understand whether mushrooms are legal in California. Currently, psilocybin mushrooms remain illegal in California, but certain cities have decriminalized them.
Drug crimes carry harsh penalties in California. If you are facing psilocybin-related charges, an Oakland drug crimes lawyer can help fight them.
Are Magic Mushrooms Legal in California?
No, magic mushrooms containing psilocybin are not legal in California. Psilocybin is classified as a Schedule I controlled substance under both federal and state law, which means cultivating, possessing, or selling these mushrooms is illegal and can result in fines, jail time, or other criminal penalties.
That said, some cities like Oakland and Santa Cruz have deprioritized enforcement of laws against small-scale possession for adults. While this reduces the likelihood of prosecution, it does not make psilocybin mushrooms legal. Legal access to psilocybin is available only through licensed clinical research or strictly regulated therapeutic programs.
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California Decriminalization Efforts
While psilocybin remains illegal statewide, there has been a growing movement toward decriminalization. In 2019, Oakland became the first U.S. city to decriminalize the possession and use of entheogenic plants, including psilocybin mushrooms. Santa Cruz followed suit in 2020.
Decriminalization does not equate to legalization, but it reduces the likelihood of legal prosecution and criminal charges for possession of small amounts.
Risks of Mushroom Possession and Use
Even with growing support for reform, possessing or selling magic mushrooms in California carries serious risks, including:
- Criminal charges: Possession or distribution of psilocybin mushrooms can result in misdemeanor or felony charges, depending on the circumstances.
- Fines: Penalties can range from hundreds to thousands of dollars.
- Imprisonment: Jail time is possible, particularly for larger quantities or repeat offenses.
- Employment consequences: A conviction may affect professional licenses or job opportunities.
Is Possession of Mushrooms a Felony in California?
Possession of magic mushrooms can be either a misdemeanor or a felony in California, depending on the amount and intent. Small amounts intended for personal use are usually treated as misdemeanors, which can result in fines or short jail sentences.
Larger quantities, or possession with intent to distribute, can be charged as felonies, which can result in longer prison terms and heavier fines.
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Is It Legal to Grow Mushrooms in California?
Some online retailers sell “legal mushrooms” or spore kits. Many of these kits are legal in California for educational or research purposes.
However, cultivating psilocybin mushrooms from spores is illegal because while the spores do not contain psilocybin, the resulting mushrooms do.
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Can I Sell Mushrooms I Grow At Home?
No, you cannot legally sell psilocybin mushrooms you grow at home. Selling or distributing psilocybin mushrooms is considered distribution of a controlled substance and carries serious criminal penalties, including potential felony charges.
That said, you can legally sell edible or medicinal mushrooms that do not contain psilocybin as long as you comply with local business and food safety regulations.
Can You Buy Mushrooms in CA?
No, you cannot legally buy psilocybin mushrooms in California for recreational use. Psilocybin is a Schedule I controlled substance, and purchasing these mushrooms outside of licensed research or approved therapeutic programs is illegal.
However, you can legally buy many other types of mushrooms, such as button, shiitake, reishi, oyster, and chaga, which do not contain psilocybin and are widely available in grocery stores, health food stores, and online retailers.
How to Avoid Mushroom Charges in California
To avoid being charged with psilocybin use or possession in California, be sure to:
- Stick to edible varieties: Focus on culinary and medicinal mushrooms that do not contain psilocybin.
- Follow city ordinances: Be aware of local policies, especially in cities that have decriminalized small-scale possession of psilocybin.
- Participate in clinical research: Join licensed studies to access psilocybin legally for therapeutic purposes.
- Avoid distribution: Selling or sharing psilocybin mushrooms can lead to serious criminal charges.
Does California Drug Test for Mushrooms?
In general, standard drug tests in California do not screen for magic mushrooms. Common workplace or probation-type screens are designed to detect substances like marijuana, opioids, cocaine, amphetamines, and similar drugs. They usually do not include psilocybin or its metabolite psilocin.
Specialized testing that can detect psilocybin or psilocin does exist, such as advanced urine, hair follicle, or forensic panels, but these are rare and typically only used when there is a specific reason, like clinical, legal, or forensic testing.
Unless a specialized panel is explicitly requested, magic mushroom use is unlikely to show up on a drug test in California.
Consult a Drug Crimes Lawyer
California’s psilocybin laws can be confusing, and it’s easy to unknowingly violate them. If you are facing charges for mushroom possession, a drug crimes lawyer from Silver Law Firm can take on your case and help put together a strong defense.
Schedule a free consultation to discuss your situation with an attorney.
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