Are mushroom dispensaries legal anywhere in the US?

Is any mushroom dispensary legal in the US?

No. As of November 2, 2026, no state licenses a walk-in store that sells psilocybin mushrooms to the public, and no state allows take-home or mail-order sales. Psilocybin and psilocin are Schedule I controlled substances under federal law,¹ and selling any amount is a federal felony.²

What does exist falls into three groups:

• Licensed, supervised programs. Oregon's service centers and Colorado's healing centers sell psilocybin only to adults 21 and older who take it on site with a licensed facilitator. Nothing goes home.
• Places that lowered enforcement. Washington, DC, and cities such as Ann Arbor, Detroit, Oakland, Seattle and Somerville told police to treat adults' personal use as a low priority. These measures license no business.
• Everywhere else, where possessing or selling psilocybin is a crime under state law as well as federal law.

A storefront that calls itself a "mushroom dispensary" belongs to none of these programs. It is unlicensed wherever it operates, and so is any website that ships psilocybin.

What does federal law say about mushroom dispensaries?

Federal law is the same in every state. Schedule I covers "any material, compound, mixture, or preparation, which contains any quantity" of psilocybin or psilocin, so the mushrooms themselves are covered, not only the purified chemical.¹

• Selling. Distributing or possessing with intent to distribute a Schedule I substance is a felony under 21 U.S.C. 841. Psilocybin has no weight-based tier, so any amount falls under 841(b)(1)(C): up to 20 years in prison, and more if someone dies or is seriously hurt or the seller has a prior drug felony.²
• Selling online. Section 841(h) separately bars distributing a controlled substance "by means of the Internet" without federal authorization.² The mail and advertising rules are on our online dispensary page.
• Buying and possessing. Simple possession is a federal crime under 21 U.S.C. 844, punishable by up to a year in prison on a first offense.³

State programs don't change any of this. Oregon's own psilocybin statute says it may not be read to "exempt a person from a federal law or obstruct the enforcement of a federal law."⁴ No federal rule moving psilocybin out of Schedule I had been published as of November 2, 2026.¹ If the FDA approves a psilocybin medicine, it would be a prescription drug given under medical supervision, not mushrooms sold over a counter.

Which states have a psilocybin program or local measure?

Every state where our research found a program, a pilot or a local measure is below, and the last column never changes. Tap a state to see its dated records and sources in the register.

States with none of these, such as New York and Nevada, are covered on their own pages below. New York has medical psilocybin bills in committee; Nevada's 2023 law (SB 242) created a working group instead of changing penalties.

What do the licensed programs actually allow?

Two states sell psilocybin under a state license, and both keep it inside a supervised setting.

Oregon. Under ORS 475A.498, a client "may purchase, possess, and consume a psilocybin product: (1) Only at a psilocybin service center; and (2) Only under the supervision of a psilocybin service facilitator." Sales "must be restricted to the premises for which the license has been issued," and licensees may not sell to anyone under 21.⁴

Colorado. Healing centers run supervised sessions. The limited sales license that took effect August 12, 2026 lets a licensee inside a healing center sell "to individuals taking part in an administration session" there.⁷ Adults may also share psilocybin for free under state law, but the statute bars selling it, or handing it out "as a part of a business promotion or commercial activity," outside the licensed system.⁸

New Mexico protects qualified patients "taking psilocybin in an approved setting." The law gives the health department until December 31, 2027 to start the program;⁹ the department's own target is December 31, 2026.¹⁰ New Jersey's pilot runs at three hospitals and must follow FDA and DEA rules.¹¹ Utah's 2024 law lets qualifying health systems treat their own patients. Outside these, the only legal access is as an enrolled participant in a federally authorized clinical trial.

Counts, eligibility and official license lookups for each program are on our licensed psilocybin centers page.

What do local decriminalization measures do, and not do?

A city resolution, ballot ordinance or prosecutor policy sets local enforcement priorities. It does not amend state or federal drug law, and it licenses nothing. Many of these measures limit themselves to personal, non-commercial conduct in their own words.

• Washington, DC. Initiative 81 asks police to treat adults' "non-commercial" purchasing, distributing and possessing of entheogenic plants and fungi as "among its lowest enforcement priorities." Psilocybin stays in DC's Schedule I.¹² On September 17, 2025, DC's Alcoholic Beverage and Cannabis Board ruled that Initiative 81 is nonbinding and does not cover commercial sales.¹³
• Colorado. State law protects personal possession and sharing only "without remuneration," and defines remuneration as "anything of value, including money."⁸ Denver's 2019 ordinance covered personal use and possession only.
• Michigan, Washington, Massachusetts and Minnesota. Minneapolis's executive order says in its own text that it does not apply to "commercial sales or manufacturing."¹⁶ Ann Arbor's resolution, Detroit's Proposal E, Seattle's resolution (sharing "without financial or other consideration"), Olympia, Tacoma, King County, Easthampton, Salem and Provincetown are each reported to exclude commercial sales or to protect only free sharing. The text and source for each are in the Michigan, Washington, Massachusetts and Minnesota records.
• San Francisco and Oakland are the exceptions in wording. San Francisco's 2022 resolution, No. 379-22, urges that arrests for "planting, cultivating, purchasing, transporting, distributing" entheogenic plants be "amongst the lowest law enforcement priority," with no sales exclusion. It is still non-binding: it "urges," and state law is unchanged.¹⁵ Oakland's 2019 resolution uses the same list of activities and also has no sales exclusion in its text.¹⁷ It covers adults and does not license or authorize any shop: Oakland police raided a self-described entheogen church in August 2020 on reports it was selling (see the register record).

Detroit's Law Department likewise said after a 2023 raid that the Proposal E ordinance "does not override state law" (record). Our glossary explains decriminalized, deprioritized and legalized, which news stories often mix up.

What does that mean for storefronts and the people who shop there?

A store selling psilocybin is unlicensed in every state, including the ones with local measures. The record shows what happens next:

• In DC, regulators and police had padlocked 114 unlicensed businesses since July 15, 2024, as of October 30, 2026. That count combines cannabis and mushroom shops.¹⁴
• DC's Board kept a business presenting as a church closed in 2025 after police bought psilocybin there twice. It rejected the religious-freedom defense and found no federal exemption.¹³
• Police have raided storefronts in Detroit, Portland, San Francisco, Los Angeles County and elsewhere (see what a raid means).

Buying is not safe ground either. Possession is a federal crime everywhere³ and a crime under state law in nearly every state, including Oregon outside a service center. Colorado is the one state where adult possession is legal under state law, but buying from a shop there is still part of an illegal sale. Shop products carry their own risk: testing has found synthetic drugs, or nothing active, in "mushroom" gummies (see what testing found). The arguments shops use to say they're legal, and how regulators and courts answered each one, are on our legal claims page.

Where can I read about my state or city?

• Washington, DC (DC records)
• Michigan, including Ann Arbor and Detroit (Michigan records)
• New York (New York records)
• California, including Oakland, San Francisco and Los Angeles (California records)
• Las Vegas and Nevada (Nevada records)
• Oregon (Oregon records)
• Denver and Colorado (Colorado records)

What has changed since 2019?

Each entry links to its record in the register, where the sources are listed.

1. May 7, 2019Denver voters make adults' personal possession of psilocybin mushrooms a lowest police priority (record).
2. June 4, 2019Oakland's council adopts its entheogenic plants resolution (record).
3. November 3, 2020Oregon voters pass Measure 109, creating licensed service centers, and DC voters pass Initiative 81 (Oregon record, DC record).
4. November 2, 2021Detroit voters approve Proposal E (record).
5. November 8, 2022Colorado voters pass Proposition 122, the Natural Medicine Health Act (record).
6. December 8, 2022Portland police raid an unlicensed psilocybin storefront (record).
7. March 2024Utah's health-system psilocybin law becomes law without the governor's signature (record).
8. July 15, 2024DC regulators gain power to padlock unlicensed shops (record).
9. September 1, 2024Oregon's HB 4002 makes possession outside the licensed program a crime again (record).
10. March 2025Denver repeals its 2019 ordinance (record).
11. June 20, 2025New Mexico's Medical Psilocybin Act takes effect.¹⁰
12. September 17, 2025DC's Board rejects a psilocybin seller's religious-freedom defense (record).
13. January 20, 2026New Jersey enacts its three-hospital psilocybin pilot (record).
14. August 12, 2026Colorado's limited sales license takes effect, for people in a supervised session only (record).
15. October 5, 2026The Tenth Circuit orders a federal court to lift its block on Utah's prosecution tied to a psilocybin church (see legal claims).
16. October 30, 2026DC's padlock count reaches 114 unlicensed businesses, cannabis and mushroom shops combined (record).