Are Shrooms Legal in California? Complete 2026 Breakdown

The short answer to whether shrooms are legal in California is no, statewide. Psilocybin mushrooms remain a Schedule I substance under federal law and a controlled substance under California Health and Safety Code § 11350. A handful of California cities, including Oakland, Santa Cruz, San Francisco, and Berkeley, have passed measures making personal-use enforcement a low priority for local police. That is not the same as legalization. Possession is still a misdemeanor under state law. Cultivation is still illegal. Spores are illegal too, which puts California in a tiny minority of states that criminalize the noncontrolled component of the mushroom. And as of 2026, no statewide regulated therapy program exists, despite multiple legislative attempts. Here is the full picture, including which cities deprioritize, what the penalties look like, what happened with the 2023 veto, and what is actually legal to buy.

The Quick Answer for 2026

Psilocybin mushrooms are illegal to possess, cultivate, sell, or transport in California. The state has not legalized psilocybin and has not enacted a statewide decriminalization measure. First-time personal possession is a misdemeanor under California Health and Safety Code § 11350, with potential penalties of up to one year in county jail and fines up to $1,000. Possession with intent to sell is a felony under § 11351, carrying a potential prison sentence of two to four years. Local enforcement deprioritization in a few cities does not change state or federal law, does not protect a person from arrest if a state agency or another jurisdiction chooses to enforce, and does not create a legal sales channel anywhere in the state. For the broader picture of which mushrooms are legal and where, see our complete guide to legal mushrooms in the US.

City-Level Decriminalization: What It Actually Means

Four California cities have passed measures that "decriminalize" psilocybin to varying degrees. The word is misleading. None of these cities legalized anything. Each city directed its local police department to make enforcement of personal-use psychedelic offenses the lowest law-enforcement priority. State law and federal law still apply.

Oakland (June 2019) was the first US city after Denver to pass an entheogen deprioritization resolution. The measure covers psilocybin, ayahuasca, ibogaine, and mescaline (excluding peyote). Personal possession, use, and cultivation are deprioritized for adults.

Santa Cruz (January 2020) passed a similar resolution covering naturally occurring psychedelics for adults 21 and older.

San Francisco (September 2022) passed an entheogen deprioritization resolution. The measure was symbolic in some respects, since SF police had already largely deprioritized personal-use psilocybin offenses, but it formalized the position.

Berkeley (July 2023) passed a similar resolution covering plant-based and fungal psychedelics for personal use.

What these measures do not do: they do not legalize sales, do not authorize cultivation as a commercial activity, do not protect users from federal enforcement, and do not extend across city limits. Driving from Oakland to neighboring Alameda with psilocybin in the car reintroduces full criminal liability under state law. Crossing into a non-decriminalized city does the same. The deprioritization is a local enforcement preference, not a legal shield. Decriminalize Nature California is one of the major organizations in California working to reduce legal penalties for users of products from nature.

SB 58 and SB 1012: Two Failed Legislative Attempts

California has tried twice in recent years to change its psilocybin law at the state level, and both attempts failed.

SB 58 (2023) was Senator Scott Wiener's bill to decriminalize possession of small amounts of psilocybin, psilocyn, DMT, and mescaline for adults 21 and older starting January 1, 2025. The bill passed the legislature and went to Governor Gavin Newsom's desk. On October 7, 2023, Newsom vetoed it. His veto letter argued that California should establish a regulated therapeutic framework first, before decriminalizing personal possession. He wrote that decriminalization without dosing information, therapeutic guidelines, rules against exploitation, and medical clearance protocols was "not the right approach" and asked the legislature to send him a therapy-focused bill the following year.

SB 1012 (2024) was Wiener's response to Newsom's veto. Co-authored with Republican Assemblymember Marie Waldron, the Regulated Psychedelic-Assisted Therapy Act would have created a state framework for supervised therapeutic use of psilocybin, psilocyn, MDMA, DMT, and mescaline, with a Board of Regulated Psychedelic Facilitators inside the Department of Consumer Affairs. The bill was modeled in part on Oregon's Measure 109 framework. SB 1012 stalled in committee in 2024 and did not pass.

A new round of California legislation focused on therapeutic and clinical use, particularly for veterans with PTSD and treatment-resistant depression, was introduced in 2025. As of early 2026, no statewide therapy program has been enacted into law. California remains a state where psilocybin therapy is not legally available through any regulated pathway.

The California Spore Problem

California is one of only four US states (alongside Georgia, Idaho, and Florida) where mushroom spores are themselves criminalized. Under California Health and Safety Code §§ 11390 and 11391, it is a misdemeanor to cultivate, transfer, or transport "any spores or mycelium capable of producing mushrooms or other materials" containing psilocybin or psilocyn.

This matters because psilocybin spores do not contain psilocybin until they germinate. In the 46 states without spore-specific bans, spores are legally sold for "microscopy purposes" since they fall outside the definition of a controlled substance. California's law is broader and captures the spores themselves regardless of whether any psilocybin is present.

The practical effect: an online vendor in Washington can legally ship spore syringes to a customer in 46 states, but cannot ship to California, Georgia, Idaho, or Florida. Customers attempting to import spores into California risk both state-level prosecution under HSC § 11390 and potential federal mail fraud charges if shipping documentation misrepresents the contents.

For the full breakdown of how spore laws vary across the country, see our guide to whether mushroom spores are legal.

Penalties for Psilocybin Possession in California

Penalties scale with the offense and prior history:

Personal possession (HSC § 11350): Misdemeanor for first offenses. Up to one year in county jail and fines up to $1,000. Some defendants qualify for diversion programs under Proposition 36 or PC 1000, which can dismiss the charge upon completion of treatment.

Possession for sale (HSC § 11351): Felony. Two, three, or four years in California state prison plus fines up to $20,000.

Cultivation: Treated similarly to possession for sale if cultivation suggests commercial intent. Personal-use cultivation is rarely charged as a felony but remains a misdemeanor.

Spores or mycelium (HSC § 11390-11391): Misdemeanor. Up to six months in county jail and fines up to $1,000.

Transportation (HSC § 11352): Felony for trafficking quantities. Up to nine years in prison for cross-state transport.

The deprioritized cities (Oakland, Santa Cruz, San Francisco, Berkeley) have directed their local police to deprioritize enforcement of these statutes for personal-use offenses, but the statutes themselves remain on the books and remain enforceable by the California Attorney General, neighboring jurisdictions, and federal authorities.

What IS Legal: Amanita Muscaria and Functional Mushrooms

For California residents who want a legal psychoactive mushroom experience, Amanita muscaria is the alternative California law actually allows. Amanita muscaria contains the compounds muscimol and ibotenic acid, neither of which is scheduled federally or under California law. Dried Amanita caps, tinctures, and properly tested gummies are legal to purchase, possess, and consume in California.

The experience is unlike psilocybin. Amanita produces sedative, dream-like, dissociative effects rather than the visual geometry and ego dissolution associated with psilocybin. The chemistry is also different. For a side-by-side comparison of why these two compounds work in opposite directions inside the body, see our breakdown of the difference between muscimol and ibotenic acid.

Quality varies dramatically across Amanita vendors. After the 2024 Diamond Shruumz outbreak, in which contaminated mushroom edibles sickened 180 people across 34 states, third-party lab testing became non-negotiable. ShroomSpy lists Amanita products from vendors who publish certificates of analysis showing both muscimol and ibotenic acid content per serving. For the complete picture on this species, including identification, dosage, preparation, and history, our ultimate Amanita muscaria guide covers the territory.

Functional mushrooms (lion's mane, reishi, cordyceps, turkey tail, chaga) are fully legal in California, sold openly as foods and dietary supplements, and have no scheduling restrictions of any kind. Culinary mushrooms are legal everywhere.

Conclusion

California is not the progressive psychedelic state its reputation suggests. Psilocybin mushrooms are illegal statewide, possession is a misdemeanor with real jail-time exposure, spores are criminalized in a way most states do not match, and two recent legislative attempts to change the law have failed. City-level decriminalization in Oakland, Santa Cruz, San Francisco, and Berkeley deprioritizes local enforcement but does not legalize anything and does not extend beyond city limits. The legal alternative for California residents seeking a psychoactive mushroom experience is Amanita muscaria, which sits outside both federal and California controlled-substance schedules.

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Frequently Asked Questions

Can I buy magic mushrooms anywhere in California?

No. California has no legal psilocybin retail outlets, dispensaries, or service centers. The cities that have decriminalized possession (Oakland, Santa Cruz, San Francisco, Berkeley) have not authorized commercial sales. Any business advertising psilocybin sales in California is operating illegally. Statewide and federal laws still apply even in deprioritized cities.

What did Newsom's SB 58 veto change?

Governor Newsom's October 2023 veto of SB 58 prevented the bill's planned January 1, 2025 decriminalization of psilocybin, psilocyn, DMT, and mescaline for personal use. As a result, possession remains a misdemeanor under California Health and Safety Code § 11350. Newsom asked the legislature to send him a therapy-focused framework instead. SB 1012, the 2024 follow-up, stalled in committee.

Are mushroom spores legal in California?

No. California is one of four US states (along with Georgia, Idaho, and Florida) that criminalizes psilocybin mushroom spores under Health and Safety Code §§ 11390 and 11391. Possession, cultivation, transfer, and transportation of spores or mycelium are misdemeanor offenses. Online spore vendors generally do not ship to California addresses.

Will I get arrested for personal psilocybin possession in Oakland or San Francisco?

Probably not by city police, who have been directed to treat personal-use offenses as the lowest law-enforcement priority. State authorities, federal agents, and police from neighboring jurisdictions are not bound by the local deprioritization policy. Driving from Oakland to a non-deprioritized city or county reintroduces full criminal liability. Public consumption is also more likely to draw enforcement attention than private use.

Is psilocybin therapy available legally in California?

Not as of early 2026. SB 1012 would have created a state framework for licensed therapeutic use, but the bill stalled in committee in 2024. New 2025 legislation focused on veterans with PTSD is in process. Until a state framework passes and is implemented, the only legal psilocybin therapy options for California residents involve traveling to Oregon or Colorado, both of which have established licensed therapeutic programs.