No, psilocybin (the psychoactive compound in “magic mushrooms”) is not legal for general possession, cultivation, sale, or recreational use in California in 2025. It remains a Schedule I controlled substance under both federal law and California’s Health and Safety Code. Many people mistakenly believe California decriminalized psilocybin statewide, but only a few cities have reduced enforcement priority—not legalization. At the state level, psilocybin remains illegal regardless of where someone is located or how much they possess outside of specific, federally approved research programs. While there has been active legislative interest in therapeutic access and decriminalization, no statewide pathway exists for legal consumption or purchase. So although research and public debate are accelerating, California law continues to treat psilocybin as an illegal drug.
California’s Current Legal Status
Psilocybin and psilocin are listed under California Health and Safety Code §11054 as Schedule I substances. This classification indicates a high potential for abuse and no accepted medical use recognized by the state. Because of this status, possession, distribution, or cultivation outside approved research remains criminal. Cultivating psilocybin mushrooms can lead to charges under Health and Safety Code §11358, even if someone grows them privately or claims personal use. Spores capable of producing psilocybin are also restricted if they are intended for cultivation. In short, anything beyond laboratory research in a licensed program falls under criminal drug law.
Local Decriminalization Does Not Legalize Psilocybin
Several California cities, including Oakland, Santa Cruz, and Berkeley, have passed local resolutions directing police to deprioritize enforcement against people possessing or using small amounts of natural psychedelics, including psilocybin mushrooms. These policies are not legalization. They do not protect anyone from state-level prosecution, and they do not allow cultivation, manufacturing, or sales. Someone carrying psilocybin in a city with decriminalization may face no local penalty, but they are still breaking state and federal law. These measures mainly reduce arrests but do not create a legal right to obtain, grow, or use psilocybin.
No Therapeutic Access Program Exists in 2025
After Governor Newsom vetoed SB 58 in 2023, he directed lawmakers to create a program with regulated therapeutic supervision, not broad decriminalization. In response, Senate Bill SB 751 was drafted in 2024–2025 to create a Veterans and First Responders Research Pilot Program in partnership with the University of California. The bill would have allowed supervised psilocybin services for a narrow population of participants, operating under controlled conditions. However, on May 23, 2025, the bill was halted in the Senate Appropriations Committee and held under submission, meaning it did not advance. As a result, there is no active statewide therapeutic pilot program and no legal pathway to access psilocybin treatment outside federally approved clinical studies.
Research Is Expanding Despite Prohibition
Although Californians cannot legally access psilocybin therapy, the state has moved to make scientific research easier. In 2025, lawmakers passed AB 1103, which streamlines approvals for research involving Schedule I substances through the Research Advisory Panel of California (RAPC). This law encourages universities and medical institutions to study psychedelics more efficiently by reducing bureaucratic delays. Existing clinical trials, especially within programs at major research universities, continue under federal authorization. These trials are not accessible to the general public and have strict eligibility requirements, but they represent the state’s clearest route toward future medical access.
Penalties and Legal Risks
Possession of psilocybin outside the limited scope of clinical research can lead to criminal charges, although penalties depend on amount and prior record. Selling or cultivating psilocybin mushrooms risks harsher consequences and may be treated as a felony. Even in cities that have deprioritized enforcement, police action is still possible, and being charged under state law remains a real risk. Federal penalties also continue to apply, regardless of local city policies.
Conclusion
Psilocybin remains illegal in California for general use, cultivation, possession, and sale. Local decriminalization efforts do not change state or federal law, and there is no statewide program for therapeutic access. Attempts to create one, such as SB 751, have stalled, even as research access has expanded through AB 1103. California’s position today can be summarized simply: psilocybin may have potential medical value, and research is encouraged, but everyday use remains outside the law. Until lawmakers create a regulatory framework for safe therapeutic or adult access, psilocybin remains prohibited despite growing scientific and public interest.
