Below is a nicely compiled summary of state laws and penalties for Psilocybe Mushrooms List Compiled by Donald White

STATE

CLASSIFICATION

PENALTY

QUANTITY

UNIFORM

NOTES

Alabama

Schedule I

(3)

o. Psilocybin;

p. Psilocyn;

Unlawful possession of a controlled substance is a Class C felony.

a violation of any offense defined in the sections set forth above, shall be assessed for each such offense an additional penalty fixed at $1,000 for first offenders

A person commits the crime of unlawful possession of controlled substance if:

(1) Except as otherwise authorized, he possesses a controlled substance enumerated in Schedules I through V.

No

the Department of Public Safety shall suspend for a period of six months the driver's license of any person, including, but not limited to, a juvenile, child, or youthful offender, convicted or adjudicated of, or subjected to a finding of delinquency based on, the crimes specified in Section 13A-12-291.

Section 13A-12-291Specific crimes warranting suspension of driver's license.

(5) Unlawful possession or receipt of controlled substances

Alaska

Schedule Iia.

(b) Schedule IIA

(18) psilocybine;

(19) psilocyn;

crime of misconduct involving a controlled substance in the fourth degree

Misconduct involving a controlled substance in the fourth degree is a class C felony.

any amount

No

 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Alabama Schedule I
(3)
o. Psilocybin;
p. Psilocyn;		 Unlawful possession of a controlled substance is a Class C felony.

a violation of any offense defined in the sections set forth above, shall be assessed for each such offense an additional penalty fixed at $1,000 for first offenders 

 A person commits the crime of unlawful possession of controlled substance if:

(1) Except as otherwise authorized, he possesses a controlled substance enumerated in Schedules I through V.

 No the Department of Public Safety shall suspend for a period of six months the driver's license of any person, including, but not limited to, a juvenile, child, or youthful offender, convicted or adjudicated of, or subjected to a finding of delinquency based on, the crimes specified in Section 13A-12-291.

Section 13A-12-291Specific crimes warranting suspension of driver's license.

(5) Unlawful possession or receipt of controlled substances
Alaska Schedule Iia.
(b) Schedule IIA
(18) psilocybine; 

(19) psilocyn; 

 crime of misconduct involving a controlled substance in the fourth degree

Misconduct involving a controlled substance in the fourth degree is a class C felony.

 any amount No  

 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Arizona "Dangerous drug"
(a)
(xxv) Psilocybin. 

(xxvi) Psilocyn.

schedule I
3.
(x) Psilocybin. 

(y) Psilocyn. 

 guilty of a class 4 felony A. A person shall not knowingly: 

1. Possess or use a dangerous drug. 

 No not previously convicted of any felony offense or a violation of this section or section 13-3408 may enter judgment of conviction for a class 1 misdemeanor and make disposition accordingly or may place the defendant on probation in accordance with chapter 9 of this title and refrain from designating the offense as a felony or misdemeanor until the probation is successfully terminated.

 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Arkansas The director shall administer subchapters 1-6 of this chapter and may add substances to or delete or reschedule all substances enumerated in the schedules, pursuant to the procedures of the Administrative Procedure Act, as amended, § 25-15-201 et seq. Provided, the director shall not delete any substance from the Schedules in effect on July 20, 1979, without prior approval by the Arkansas Legislative Council. any person who unlawfully possesses a controlled substance listed under Schedules I or II of subchapters 1-6 of this chapter shall be guilty of a Class C felony.

Possession by any person of a quantity of any controlled substance including the mixture or substance listed in this subsection in excess of the quantity limit set out herein shall create a rebuttable presumption that such person possesses such controlled substance with intent to deliver in violation of subsections (a) and (b) of this section.

 It is unlawful for any person to possess a controlled substance or counterfeit substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this chapter.
 

Hallucinogenic Drug - 10 dosage units.

 Yes Whenever any person who has not previously pleaded guilty or been found guilty of any offense under subchapters 1-6 of this chapter or under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under §5-64-401, with the exception of a conviction for possession of a substance listed under Schedule I, the court, without entering a judgment of guilt and with the consent of the accused may defer further proceedings and place him on probation for a period of not less than one (1) year, under such terms and conditions as may be set by the court.

 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
California Schedule I
(d)
(18) Psilocybin.
(19) Psilocyn.		 punished by imprisonment in the county jail for a period of not more than one year or in the state prison.
 
 

shall be punished by imprisonment in the county jail for a period of not more than one year or the state prison. The judge may assess a fine not to exceed seventy dollars ($70)

 cultivates any spores or mycelium capable of producing mushrooms or other material which contains such a controlled substance

every person who possesses any controlled substance which is
(2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), and (20) of subdivision (d),

 Yes Spores or mycelium capable of producing mushrooms or other material which contains psilocyn or psyoclyin may be lawfuly obtained and used for bona fide research, instruction, or analysis, if not in violation of federal law, and if the research, instruction, or analysis is approved by the Research Advisory Panel established pursuant to Sections 11480 and 11481.

 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Colorado Schedule I.
(c)
(XXI) Psilocybin; 

(XXII) Psilocyn; 

 A class 3 felony

each drug offender who is convicted, or receives a deferred sentence pursuant to section 
16-7-403, C.R.S., shall be required to pay a surcharge to the clerk of the court in the county in which the conviction occurs or in which the deferred sentence is entered. Such surcharge shall be in the following amounts: 

(b) For each class 3 felony of which a person is convicted, two thousand dollars; 

(d) For each class 5 felony of which a person is convicted, seven hundred fifty dollars; 

 unlawful for any person knowingly to manufacture, dispense, sell, distribute, possess, or to possess with intent to manufacture, dispense, sell, or distribute a controlled substance

any person who uses any controlled substance, except when it is dispensed by or under the direction of a person licensed or authorized by law to prescribe, administer, or dispense such controlled substance for bona fide medical needs, commits: 

(a) A class 5 felony, if the controlled substance is listed in schedule I or II of part 2 of this article;

 Yes  

 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Connecticut "Hallucinogenic substances"
psilocyn

The Commissioner of Consumer Protection acting upon the advice of the Commission of Pharmacy, may by regulation designate, after investigation, as a controlled substance, a substance or chemical composition containing any quantity of a substance which has been found to have a stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and having a tendency to promote abuse or physiological or psychological dependence or both. Such substances are classifiable as amphetamine-type, barbiturate-type, cannabis-type, cocaine-type, hallucinogenic, morphine-type and other stimulant and depressant substances, and specifically exclude alcohol, caffeine and nicotine. Substances which are designated as controlled substances shall be classified in schedules I to V by regulations adopted pursuant to subsection (a) of this section.

 may be imprisoned not more than five years or be fined not more than two thousand dollars or be both fined and imprisoned who possesses or has under his control any quantity of a hallucinogenic substance No In the event of any inconsistency between the contents of schedules I, II, III, IV and V of the controlled substance scheduling regulations and schedules I, II, III, IV and V of the federal Controlled Substances Act, as amended, the provisions of the federal act shall prevail

 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Delaware Schedule I.
(d)
(14) Psilocybin;

(15) Psilocyn;

 guilty of a class B misdemeanor
 
 
 
 
 
 
 
 
 
 
 

shall be guilty of a class B misdemeanor

 It is unlawful for any person knowingly or intentionally to possess, use or consume any controlled substance or counterfeit substance classified in Schedule I (except Schedule I controlled substances classified in subsection (e) of § 4714 of this title),

unlawful for any person knowingly or intentionally to possess, use or consume any Schedule I controlled substance or counterfeit substance classified in subsection (e) of § 4714 of this title

 Yes any person qualifying under subsection (a) of this section as a first offender and who elects treatment under this section shall admit possession or consumption of a controlled substance by entering a plea of guilty, as a first offender. The court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place the accused on probation for a period of not less than 3 years

 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Florida SCHEDULE I.
(c)
28. Psilocybin. 
29. Psilocyn.		 a felony of the third degree,
 

any defendant who:
Has not previously been convicted, regardless of whether adjudication was withheld, of any felony, may be required by the court to successfully complete a term of probation pursuant to the terms and conditions set forth in s. 948.034(2), in lieu of serving a term of imprisonment.

 unlawful for any person to be in actual or constructive possession of a controlled substance Yes

The Florida Supreme Court held that the Florida statutes making psilocybin possession illegal were unconstitutional as applied to the defendant because they did not specifically proscribe possession of psilocybe mushrooms.

 See Fiske Vs State of Florida 
Of controlling importance in the Florida court's decision was the complete absence of any evidence that defendant knew that the mushrooms in his possession contained psilocybin.  The court did not strike down the statute itself as unconstitutional but held that it could not be applied to a defendant who was not shown to have criminal knowledge. 

 
 
 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Georgia Schedule I:
(3)
(N) Psilocybin;
(O) Psilocyn;

"dangerous drug"
(627) Mushroom spores which, when mature, contain either psilocybin or psilocin;

 shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than 15 years.
 

Whenever any person who has not previously been convicted of any offense under Article 2 or Article 3 of this chapter or of any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs the court may without entering a judgment of guilt and with the consent of such person defer further proceedings and place him on probation upon such reasonable terms and conditions as the court may require

 unlawful for any person to purchase, possess, or have under his control any controlled substance. Yes A "dangerous drug" means any drug other than a drug contained in any schedule of Article 2 of this chapter, which, under the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040 (1938)), 21 U.S.C. Section 301, et seq., as amended, may be dispensed only upon prescription.

 
 
 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Hawaii Schedule I. 
(d)
(26) Psilocybin;

(27) Psilocyn;

"Dangerous drugs" means any substance or immediate precursor defined orspecified as a "Schedule I substance"

 Promoting a dangerous drug in the first degree is a class A felony.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Promoting a dangerous drug in the second degree is a class B felony.

 A person commits the offense of promoting a dangerous drug in the first degree if the person knowingly:

(a) Possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of: 

(ii) One and one-half ounce or more, containing one or more of any of the other dangerous drugs;

A person commits the offense of promoting a dangerous drug in the second degree if the person knowingly:

(b) Possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of:

(ii) One-fourth ounce or more, containing any dangerous drug;

 No (1) Whenever any person who has not previously been convicted of any offense under this chapter or chapter 329 or under any statute of the United States or of any state relating to a dangerous drug, harmful drug, detrimental drug, or an intoxicating compound, pleads guilty to or is found guilty of promoting a dangerous drug, harmful drug, detrimental drug, or an intoxicating compound under section 712-1243, 712-1245, 712-1246, 712-1248, 712-1249, or 712-1250, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place the accused on probation upon terms and conditions. 

 

 
 
 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Hawaii (cont.)   Promoting a dangerous drug in the third degree is a class C felony. (712-1243) A person commits the offense of promoting a dangerous drug in the third degree if the person knowingly possesses any dangerous drug in any amount.   (2) Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against the person.

(3) Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of dis-qualifications or disabilities imposed by law upon conviction of a crime.

(4) There may be only one discharge and dismissal under this section with respect to any person.

 
 
 
 
 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Illinois Schedule I
(d)
(16) Psilocybin;
(17) Psilocyn;		 is guilty of a Class 1 felony
 
 
 
 
 

is guilty of a Class 4 felony. The fine for a violation punishable under this subsection (c) shall not be more than $15,000.

 200 grams or more of any substance containing any substance classified as a narcotic drug in Schedule I or II which is not otherwise included in this subsection.

an amount of a controlled or counterfeit substance not set forth in subsection (a)

 No any person who has not previously been convicted of, or placed on probation or court supervision for any offense under this Act or any law of the United States or of any State relating to cannabis or controlled substances, 

the court, without entering a judgment and with the consent of such person, may sentence him to probation.
Indiana schedule I
(d)
(20) Psilocybin (7437). 
(21) Psilocyn (7438).		 commits possession of a controlled substance, a Class D felony knowingly or intentionally possesses a controlled substance (pure or adulterated) classified in schedule I, II, III, or IV, except marijuana or hashish No  

 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Iowa Schedule I

4. Hallucinogenic substances.

s.Psilocybin.

t.Psilocyn.

 is guilty of a serious misdemeanor

Whenever a person who has not previously been convicted of an offense under this chapter or an offense under a state or federal statute relating to narcotic drugs or cocaine, marijuana, or stimulant, depressant, or hallucinogenic drugs, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place the accused on probation upon terms and conditions as it requires

 unlawful for any person knowingly or intentionally to possess a controlled substance Yes All or any part of a sentence imposed pursuant to this section may be suspended and the person placed upon probation upon such terms and conditions as the court may impose including the active participation by such person in a drug treatment, rehabilitation or education program approved by the court.

A defendant must have knowledge, be it constructive or actual, that he or she is in possession of a controlled substance. 

 
Kansas Schedule I
(d)
(22) Psilocybin..7437
(23) Psilocyn....7438		 Except as otherwise provided, any person who violates this subsection shall be guilty of a class A nonperson misdemeanor. it shall be unlawful for any person to possess or have under such person's control:
(3) any hallucinogenic drug designated in subsection (d) of K.S.A. 65-4105 and amendments thereto or designated in subsection (g) of K.S.A. 65-4107 and amendments thereto;		 No  

 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Kentucky Schedule I
(3)
Psilocybin; 
Psilocyn;		 For a first offense a Class A misdemeanor A person is guilty of possession of a controlled substance in the second degree when he knowingly and unlawfully possesses: a controlled substance classified in Schedules I or II which is not a narcotic drug;  No Any person found guilty of possession of a controlled substance pursuant to KRS 218A.1416 or 218A.1417 may for a first offense, be ordered to a facility designated by the secretary of the Cabinet for Human Resources where a program of treatment and rehabilitation not to exceed one (1) year in duration may be prescribed.

 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Louisiana SCHEDULE I
C. Hallucinogenic substances.
(14) Psilocybin.
(15) Psilocyn.		 Grid

Level :7

Offense: Possession of Drugs (Sched. I, Non-narcotic or Non-marijuana)

R.S. No. :

40:966(C) (2,3)

Category: IV

(3) Any other controlled dangerous substance classified in Schedule I, shall be imprisoned at hard labor for not more than ten years, and may in addition, be required to pay a fine of not more than five thousand dollars.

 It is unlawful for any person knowingly or intentionally to possess a controlled dangerous substance classified in Schedule I unless such substance was obtained directly, or pursuant to a valid prescription or order No A. Whenever any person who has not previously been convicted of any offense under this Part pleads guilty to or is convicted of having violated R.S. 40:966(C), R.S. 40:967(C), R.S. 40:968(C), R.S. 40:969(C), R.S. 40:970(C) of this Part, and when it appears that the best interests of the public and of the defendant will be served, the court may, without entering a judgment of guilt and with the consent of such person, defer further proceedings and place him on probation upon such reasonable terms and conditions as may be required. Among such conditions the court shall order that the defendant perform not less than one hundred hours of court-approved community service that may include manual labor.

 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Maine Schedule X: 

C.
(6) Psilocybin 
(7) Psilocyn

 A Class D crime if the drug is:

A schedule X drug;

 guilty of unlawful possession of a scheduled drug if that person intentionally or knowingly possesses what that person knows or believes to be a scheduled drug, and which is, in fact, a scheduled drug No  
Maryland Schedule I
c.
10. Psilocybin. 

11. Psilocyn. 

 guilty of a misdemeanor and be sentenced to a term of imprisonment for not more than four (4) years, a fine of not more than twenty-five thousand dollars ($25,000), or both; unlawful for any person: 

(a) To possess or administer to another any controlled dangerous substance

 No "Controlled dangerous substance" shall mean any drug, substance or immediate precursor in Schedules I through V of this subheading.

 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Massachusetts CLASS C
(e)
(13) Psilocybin 

(14) Psilocyn

 shall be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars, or by both such fine and imprisonment No person knowingly or intentionally shall possess a controlled substance No If any person who is charged with a violation of this section has not previously been convicted of a violation of any provision of this chapter or other provision of prior law relative to narcotic drugs or harmful drugs as defined in said prior law, or of a felony under the laws of any state or of the United States relating to such drugs, has had his case continued without a finding to a certain date, or has been convicted and placed on probation, and if, during the period of said continuance or of said probation, such person does not violate any of the conditions of said continuance or said probation, then upon the expiration of such period the court may dismiss the proceedings against him, and may order sealed all official records relating to his arrest, indictment, conviction, probation, continuance or discharge pursuant to this section

 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Michigan Schedule 1
(c)
Psilocybin
Psilocyn

 

 is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both.
 
 
 
 
 
 
 
 
 

is guilty of a misdemeanor, punishable by imprisonment for not more than 6 months, or a fine of not more than $500.00, or both.

 A person shall not knowingly or intentionally possess a controlled substance

A person who violates this section as to:

(c) Lysergic acid diethylamide, peyote, mescaline, dimethyltryptamine, psilocyn, psilocybin, or a controlled substance classified in schedule 5,

A person shall not use a controlled substance or controlled substance analogue unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner’s professional practice, or except as otherwise authorized by this article.

A person who violates this section as to:

Lysergic acid diethylamide, peyote, mescaline, dimethyltryptamine, psilocyn, psilocybin, or a controlled substance classified in schedule 5, 

 Yes When an individual who has not previously been convicted of an offense under this article or under any statute of the United States or of any state relating to narcotic drugs, coca leaves, marihuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under section 7403(2)(a)(v), 7403(2)(b), (c), or (d), or of use of a controlled substance under section 7404, or possession or use of an imitation controlled substance under section 7341 for a second time, the court, without entering a judgment of guilt with the consent of the accused, may defer further proceedings and place the individual on probation

 
 
 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Minnesota Subd. 2. Schedule I:
(3) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances

Psilocybin; Psilocyn; 

 sentenced to imprisonment for not more than 30 years or to payment of a fine of not more than $1,000,000, or both.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $500,000, or both.

 

 guilty of a controlled substance crime in the first degree if:

unlawfully possesses one or more mixtures of a total weight of 500 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 500 or more dosage units

guilty of controlled substance crime in the second degree if:

unlawfully possesses one or more mixtures of a total weight of 50 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 100 or more dosage units

 No Hallucinogen. "Hallucinogen" means any hallucinogen listed in section 152.02, subdivision 2, clause (3), or Minnesota Rules, part 6800.4210, item C, except marijuana and Tetrahydro-cannabinols.

 

 
 
 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Minnesota (cont.)   sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $100,000, or both.
 
 
 
 
 
 
 
 
 
 
 
 

sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

 A person is guilty of controlled substance crime in the fourth degree if: 

unlawfully possesses one or more mixtures containing phencyclidine or hallucinogen, it is packaged in dosage units, and equals ten or more dosage units 

A person is guilty of controlled substance crime in the fifth degree if:

unlawfully possesses one or more mixtures containing a controlled substance classified in schedule I, II, III, or IV, except a small amount of marijuana

   If any person who has not previously participated in or completed a diversion program authorized under section 401.065 or who has not previously been placed on probation without a judgment of guilty and thereafter been discharged from probation under this section is found guilty of a violation of section 152.024, subdivision 2, 152.025, subdivision 2, or 152.027, subdivision 2, 3, or 4, for possession of a controlled substance, after trial or upon a plea of guilty, and the court determines that the violation does not qualify as a subsequent controlled substance conviction under section 152.01, subdivision 16a, the court may, without entering a judgment of guilty and with the consent of the 

 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Minnesota (cont.)         person, defer further proceedings and place the person on probation upon such reasonable conditions as it may require and for a period, not to exceed the maximum sentence provided for the violation.
Mississippi SCHEDULE I
(c)

(20) Psilocybin;

(21) Psilocyn;

 Any person who violates this subsection with respect to:

(1) A controlled substance classified in Schedule I or II, as set out in Sections 41-29-113 and 41-29-115, except marihuana, is guilty of a felony and upon conviction may be imprisoned for not more than three (3) years and shall be fined not less than One Thousand Dollars ($1,000.00) nor more than Thirty Thousand Dollars ($30,000.00), or both;

 It is unlawful for any person knowingly or intentionally to possess anycontrolled substance Yes If any person who has not previously been convicted of violating section 41-29-139, or the laws of the United States or of another state relating to narcotic drugs, stimulant or depressant substances, other controlled substances or marihuana is found to be guilty of a violation of subsection (c) or (d) of section 41-29-139, after trial or upon a plea of guilty, the court may, without entering a judgment of guilty and with the consent of such person, defer further proceedings and place him on probation upon such reasonable conditions as it may require and for such period, not to exceed three (3) years, as the court may prescribe.

 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Montana Schedule I
(4)
(z) psilocybin;

(aa) psilocyn;

 shall be imprisoned in the state prison for a term not to exceed 5 years or be fined an amount not to exceed $50,000, or both. person commits the offense of criminal possession of dangerous drugs if he possesses any dangerous drug Yes the court may, as a condition of a suspended or deferred sentence, impose one or more of the following alternatives:

(a) imposition of a fine not to exceed the maximum amount provided by statute

(b) commitment to a residential drug treatment facility not more than 1 year

(c) mandatory service of not more than 2,000 hours in a community-based drug treatment or drug education program

(d) placement in a program of intensive probation

(e) suspension or revocation of the defendant's driver's license

 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Nebraska Schedule I
(c)
(13) psilocybin; (14) psilocyn;		 shall be guilty of a Class IV felony. knowingly or intentionally possessing a controlled substance Yes If placed on probation, shall, as a condition of probation, satisfactorily attend and complete appropriate treatment and counseling on drug abuse conducted by one of the community mental health facilities

shall only become eligible for parole upon the satisfactory attendance and completion of appropriate treatment and counseling on drug abuse

 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Nevada Schedule I.
4.
Psilocybin;
Psilocyn;		 category E felony unlawful for a person knowingly or intentionally to possess a controlled substance Yes For the first or second offense

If a person who has not previously been convicted of any offense pursuant to NRS 453.011 to 453.552, inclusive, or pursuant to any statute of the United States or of any state relating to narcotic drugs, marihuana, or stimulant, depressant or hallucinogenic substances... the court, without entering a judgment of conviction and with the consent of the accused, may suspend further proceedings and place him on probation
New Hampshire XIII. 
"Hallucinogenic drugs"
Psilocybin

If any substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice thereof is given to the commissioner, the commissioner shall similarly control the substance under this chapter

 shall be guilty of a class B felony, except that notwithstanding the provisions of RSA 651:2, IV(a), a fine of not more than $25,000 may be imposed. knowingly or purposely obtains, purchases, transports, or possesses actually or constructively, or has under his control, any controlled drug or controlled drug analog, or any preparation containing a controlled drug or controlled drug analog No  

 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
New Jersey Schedule I
e.
(15) Psilocybin
(16) Psilocyn		 guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of

N.J.S.2C:43-3, a fine of up to $35,000.00 may be imposed

Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of subsection a. of this section and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense.

 unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog Yes 2C:36A-1. Conditional discharge for certain first offenses; expunging ofrecords.

 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
New Mexico Schedule I.
C.
(15) psilocybin;

(16) psilocyn;

 guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500) or more than one thousand dollars ($1,000) or by imprisonment for a definite term less than one year, or both. unlawful for any person intentionally to possess a controlled substance

violates this section with respect to any amount of any controlled substance enumerated in Schedule I, II, III or IV or a controlled substance analog of a substance enumerated in Schedule I, II, III or IV

 No If any person who has not previously been convicted of violating the laws of any state or any laws of the United States relating to narcotic drugs, marijuana, hallucinogenic or depressant or stimulant substances... the court may, without entering a judgment of guilty and with the consent of the person, defer further proceedings and place him on probation upon reasonable conditions

 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
New York Schedule I.
(d)
(19) Psilocybin.
(20) Psilocyn.		 Criminal possession of a controlled substance in the seventh degree is a class A misdemeanor.
 
 
 
 

Criminal possession of a controlled substance in the fourth degree is a class C felony.

 

 guilty of criminal possession of a controlled substance in the seventh degree when he knowingly and unlawfully possesses a controlled substance.

guilty of criminal possession of a controlled substance in the fourth degree when he knowingly and unlawfully possesses:
6. a hallucinogen and said hallucinogen weighs twenty-five milligrams or more; or
7. a hallucinogenic substance and said hallucinogenic substance weighs one gram or more;

 No 9. "Hallucinogen" means any controlled substance listed in schedule I(d) (5), (18), (19), (20), (21) and (22).
10. "Hallucinogenic substance" means any controlled substance listed in schedule I(d) other than concentrated cannabis, lysergic acid diethylamide, or an hallucinogen.

 
 
 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
New York
(cont.)		   Criminal possession of a controlled substance in the third degree is a class B felony. guilty of criminal possession of a controlled substance in the third degree when he knowingly and unlawfully possesses:
10. a hallucinogen and said hallucinogen weighs one hundred twenty-five milligrams or more; or
11. a hallucinogenic substance and said hallucinogenic substance weighs five grams or more;		    

 
 
 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
New York
(cont.)		   Criminal possession of a controlled substance in the second degree is a class A-II felony. guilty of criminal possession of a controlled substance in the second degree when he knowingly and unlawfully possesses:
5. a hallucinogen and said hallucinogen weighs six hundred twenty-five milligrams or more; or
6. a hallucinogenic substance and said hallucinogenic substance weighs twenty-five grams or more;		    
North Carolina Schedule I
(c) 
14. Psilocybin.
15. Psilocyn.		 shall be punished as a Class I* felon; Unlawful for any person:
(3) To possess a controlled substance.		 No *Felons classified as Class A through I.

 
 
 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
North Dakota Schedule I.
5.
z. Psilocybin.
aa. Psilocyn.		 is guilty of a class C felony. It is unlawful for any person to willfully, as defined in section 12.1-02-02, possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner's professional practice, or except as otherwise authorized by this chapter Repealed Whenever any person who has not previously been convicted of any offense under this chapter or under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under subsection 3 of section 19-03.1-23, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place the person on probation upon terms and conditions.

 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Ohio SCHEDULE I
(C) Hallucinogens
(23) Psilocybin;
(24) Psilocyn;		 guilty of aggravated possession of drugs.
aggravated possession of drugs is a felony of the fifth degree
 
 
 
 

aggravated possession of drugs is a felony of the third degree, and there is a presumption for a prison term for the offense

aggravated possession of drugs is a felony of the second degree, and the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the second degree

the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the first degree

 No person shall knowingly obtain, possess, or use a controlled substance.
 
 
 
 
 

the amount of the drug involved exceeds the bulk amount but does not exceed five times the bulk amount
 

the amount of the drug involved exceeds five times the bulk amount but does not exceed fifty times the bulk amount
 
 
 
 
 
 

the amount of the drug involved exceeds fifty times the bulk amount but does not exceed one hundred times the bulk amount, aggravated possession of drugs is a felony of the first degree

 No "Bulk amount" of a controlled substance means any of the following:

An amount equal to or exceeding thirty grams or ten unit doses of a compound, mixture, preparation, or substance that is or contains any amount of a schedule I hallucinogen other than tetrahydro-cannabinol or lysergic acid amide, or a schedule I stimulant or depressant;

 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Ohio (cont.)   the court shall impose as a mandatory prison term the maximum prison term prescribed for a felony of the first degree and may impose an additional mandatory prison term prescribed for a major drug offender the amount of the drug involved exceeds one hundred times the bulk amount    
Oklahoma Schedule I.
C.
15. Psilocybin.
16. Psilocyn.		 guilty of a felony punishable by imprisonment for not less than two (2) years nor more than ten (10) years unlawful for any person knowingly or intentionally to possess a controlled dangerous substance (CDS) Yes Whenever any person who has not previously been convicted

the court may, without entering a judgment of guilt and with the consent of such person, defer further proceedings and place him on probation

 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Oregon "Controlled substance" means a drug or its immediate precursor classified in Schedules I through V under the Federal Controlled Substances Act guilty of a Class B felony.
 
 
 

be classified as crime category 6

Any felony violation of ORS 475.992 not contained in subsection (1) or (2) of this section shall be classified as:
Crime category 1 of the sentencing guidelines grid of the Oregon Criminal Justice Commission if the violation involves possession of a controlled substance

 unlawful for any person knowingly or intentionally to possess a controlled substance

A controlled substance in Schedule I

violation constitutes possession of:
Sixty grams or more of a mixture or substance containing a detectable amount of psilocybin or psilocin.

 Yes Whenever any person who has not previously been convicted of any offense

the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place the person on probation

 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Pennsylvania Schedule I
(iii)
Psilocybin. 
Psilocyn. 		 shall be guilty of a misdemeanor

sentenced to imprisonment not exceeding one year or to pay a fine not exceeding five thousand dollars ($5,000), or both

 The following acts and the causing thereof within the Commonwealth are hereby prohibited:
Knowingly or intentionally possessing a controlled or counterfeit substance by a person not registered under this act		 Yes Pennsylvania Controlled Substance Act only partially available on Internet.
Rhode Island Schedule I.
(d)
(15) Psilocybin 

(16) Psilocyn 

 Any person who violates this subsection with respect to: 

(a) A controlled substance classified in schedules I, II and III, IV, and V, except the substance classified as marijuana, is guilty of a crime and upon conviction may be imprisoned for not more than three (3) years or fined not less than five hundred dollars ($ 500) nor more than five thousand dollars 
($ 5,000), or both;

 It shall be unlawful for any person knowingly or intentionally to possess a controlled substance Yes  
South Carolina Schedule I.
(d)
15. Psilocybin 

16. Psilocyn

 is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than six months or fined not more than one thousand dollars, or both unlawful for any person knowingly or intentionally to possess a controlled substance No  
South Dakota Schedule I.
Hallucinogenic substances
(18) Psilocybin 

(19) Psilocyn 

 A violation of this section is a Class 5 felony. No person may knowingly possess a controlled drug or substance No  

 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Tennessee Schedule I.
(d)
(18) Psilocybin;

(19) Psilocyn;

 a violation of this section is a Class A misdemeanor.

Class E felony where the person has two (2) or more prior convictions under this section

 It is an offense for a person to knowingly possess or casually exchange a controlled substance No  
Texas Schedule I.
(3)
Psilocybin; 
Psilocin;

Penalty Group 2.
(1)
Psilocin;
Psilocybin;

 a state jail felony
 
 
 
 
 
 
 
 
 
 
 
 

a felony of the third degree
 
 
 
 

a felony of the second degree
 
 
 
 
 

punishable by imprisonment in the institutional division of the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine not to exceed $50,000

 Possession of Substance in Penalty Group 2.

a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 2 the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than one gram.

the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.

the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 400 grams.

the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more.

 No (38) "Possession" means actual care, custody, control, or management.

 
 
 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Utah Schedule I:
(iii)
(T) Psilocybin;
(U) Psilocyn;		 guilty of a third degree felony (a) It is unlawful:
(i) for any person knowingly and intentionally to possess or use a controlled substance		 Yes (dd) "Possession" or "use" means the joint or individual ownership, control, occupancy, holding, retaining, belonging, maintaining, or the application, inhalation, swallowing, injection, or consumption, as distinguished from distribution, of controlled substances and includes individual, joint, or group possession or use of controlled substances. For a person to be a possessor or user of a controlled substance, it is not required that he be shown to have individually possessed, used, or controlled the substance, but it is sufficient if it is shown that the person jointly participated with one or more persons in the use, possession, or control of any substances with knowledge that the activity was occurring, or the controlled substance is found in a place or under circumstances indicating that the person had the ability and the intent to exercise dominion and control over it.

 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Vermont (10) "Hallucinogenic drugs" means stramonium, mescaline or peyote, lysergic acid diethylamide, and psilocybin, and all synthetic equivalents of chemicals contained in resinous extractives of cannabis sativa, or any salts or derivatives or compounds of any preparations or mixtures thereof, and any other substance which is designated as habit-forming or as having a serious potential for abuse arising out of its effect on the central nervous system or its hallucinogenic effect in the regulations adopted by the board of health under section 4202 of this title.  shall be imprisoned not more than one year or fined not more than $2,000.00, or both
 
 
 
 
 
 
 
 
 

shall be imprisoned not more than five years or fined not more than $25,000.00, or both
 

shall be imprisoned not more than ten years or fined not more than $100,000.00, or both
 

shall be imprisoned not more than 15 years or fined not more than $500,000.00, or both

 It shall be unlawful for any person to manufacture, possess, have under his control, sell, prescribe, administer, dispense or compound any regulated drug

A person knowingly and unlawfully possessing a hallucinogenic drug, other than lysergic acid diethylamide

A person knowingly and unlawfully possessing ten or more doses of a hallucinogenic drug, other than lysergic acid diethylamide

A person knowingly and unlawfully possessing 100 or more doses of a hallucinogenic drug, other than lysergic acid diethylamide

A person knowingly and unlawfully possessing 1000 or more doses of a hallucinogenic drug, other than lysergic acid diethylamide

 No (29) "Regulated drug" means a narcotic drug, a depressant or stimulant drug, a hallucinogenic drug, or marijuana. 

"Dose" of a hallucinogenic drug means that minimum amount of a hallucinogenic drug, not commonly used for therapeutic purposes, which causes a substantial hallucinogenic effect.

 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Virginia Schedule I 
3.
Psilocybin; 

Psilocyn; 

 guilty of a Class 5 felony unlawful for any person knowingly or intentionally to possess a controlled substance No Persons charged with first offense may be placed on probation

the court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation
Washington Schedule I.
(c)
(20) Psilocybin;
(21) Psilocyn;		 guilty of a crime, and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both unlawful for any person to possess a controlled substance Yes  

 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Wisconsin Schedule I.
(4) HALLUCINOGENIC SUBSTANCES
(r) Psilocybin; 
(s) Psilocin;		 may be fined not more than $5,000 or imprisoned for not more than one year in the county jail or both.  No person may possess or attempt to possess a controlled substance or a controlled substance analog

If a person possesses or attempts to possess lysergic acid diethylamide, phencyclidine, amphetamine, methamphetamine, methcathinone, psilocin or psilocybin, or a controlled substance analog of lysergic acid diethylamide, phencyclidine, amphetamine, methamphetamine, methcathinone, psilocin or psilocybin

 Yes the court may impose a sentence that is less than the presumptive minimum sentence or may place the person on probation only if it finds that the best interests of the community will be served and the public will not be harmed and if it places its reasons on the record

any person who has not previously been convicted of any offense under this chapter, or of any offense under any statute of the United States or of any state or of any county ordinance relating to con-trolled substances or controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant or hallucinogenic drugs…
the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him or her on probation

 
 
 
 
STATE CLASSIFICATION PENALTY QUANTITY UNIFORM NOTES
Wyoming Schedule I
(d)
(xix)Psilocybin; (xx)  Psilocyn; 		 guilty of a misdemeanor punishable by imprisonment for not more than twelve (12) months, a fine of not more than one thousand dollars ($1,000.00), or both
 
 

guilty of a felony punishable by imprisonment for not more than five (5) years, a fine of not more than ten thousand dollars ($10,000.00), or both; 

 It is unlawful for any person knowingly or intentionally to possess a controlled substance

For a controlled substance in plant form, no more than three (3) ounces

an amount greater than set forth

 Yes For purposes of determining the weights to be given the controlled substances under this section, the weights designated in this section shall include the weight of the controlled substance and the weight of any carrier element, cutting agent, diluting agent or any other substance excluding packaging material.

Whenever any person who has not previously been convicted of any offense under this act or under any statute of the United States or of any state relating to narcotic drugs, marihuana, or stimulant, depressant, or hallucinogenic drugs ...
the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions