Are Psilocybin Mushrooms Legal in Illinois?

At-a-Glance Status

• Statewide status: Illegal (Schedule I — 720 ILCS 570/204(d)(16)–(17), "any quantity").
• Possession: generally a Class 4 felony under 720 ILCS 570/402(c) — ordinary range 1–3 years (probation may be available depending on the case), fines up to $25,000. No small-amount misdemeanor tier exists for psilocybin.
• Growing: counts as illegal manufacture — Class 3 felony under 50 grams, Class 1 at 50 grams, Class X (6–30 years, no probation) at 200 grams (720 ILCS 570/401).
• Selling or sharing: same manufacture/delivery ladder — Class 3 → Class 1 → Class X by weight of the material.
• Spores: no known Illinois statute mentions spores; germinating them is felony manufacture.
• Local enforcement: this review identified no adopted municipal psilocybin measure — Chicago’s 2019 resolution was introduced only, and Evanston voted one down in 2023.
• 2026: SB 2772 (Psilocybin Advisory Board Act) passed the Senate 41–13, then stalled in the House — not law as of September 16, 2026.
• Church support: Supported state — religious path via RFRA.

What Illinois Law Actually Says

Psilocybin and psilocyn are Schedule I controlled substances in Illinois — 720 ILCS 570/204(d)(16)–(17), covering "any material, compound, mixture, or preparation" that contains any quantity. That's the whole mushroom, at any weight.

Here is where Illinois is harsher than most websites admit: Illinois does not provide a small-amount misdemeanor category specifically for psilocybin possession. The Controlled Substances Act's graduated possession list (720 ILCS 570/402(a)) names substances like heroin, cocaine, and LSD — psilocybin is not on it, and it is not a "narcotic drug" under the statute's definitions. So unauthorized possession generally falls under the residual provision: a Class 4 felony, 720 ILCS 570/402(c) — an ordinary range of one to three years, with probation possibly available depending on the case, and a fine of up to $25,000. Claims that small amounts are a misdemeanor, or that charges only escalate past some gram line, describe other substances' lists.

Growing mushrooms is illegal manufacture. The Act defines manufacture through "production," which expressly includes "planting, cultivating, growing, or harvesting" (720 ILCS 570/102). Manufacture and delivery scale by the weight of the material under 720 ILCS 570/401: under 50 grams it is a Class 3 felony (fines to $150,000); 50 grams or more, a Class 1 felony (fines to $250,000); and at 200 grams a Class X felony — 6 to 30 years in prison with no probation possible. Because weight is measured on the substance containing psilocybin, 200 grams of mushrooms arrives fast. Psilocybin is also Schedule I under federal law.

What's Restricted

• Possessing psilocybin mushrooms — generally a Class 4 felony (720 ILCS 570/402(c)); no small-amount misdemeanor tier exists for psilocybin.
• Growing mushrooms — illegal manufacture: Class 3 under 50 g, Class 1 at 50 g, Class X at 200 g (720 ILCS 570/401).
• Selling or sharing psilocybin — delivery on the same ladder, Class 3 → Class 1 → Class X by weight.

All of it is criminal under state law. There is no decriminalized threshold in Illinois.

Has Any Illinois City Lowered Enforcement?

No — and the Chicago story is the myth to clear up. In October 2019 a Chicago alderman introduced a resolution urging lower enforcement priority for entheogenic plants. It was referred to committee and never adopted — yet years later, websites still list Chicago as "decriminalized." It isn't, and a resolution couldn't have overridden state felony law anyway. In 2023, Evanston's Human Services Committee considered a similar measure and voted it down, with one council member putting it plainly: "We cannot change the fact that it is a felony."

This review identified no adopted psilocybin decriminalization or deprioritization measure in any Illinois municipality. Statewide law applies everywhere in Illinois.

Are Mushrooms Legal in Chicago, Aurora, or Naperville?

• Chicago: No. The 2019 resolution was introduced only — never passed. State felony law applies in full.
• Aurora: No. Statewide law applies; no local measure exists.
• Naperville: No. Statewide law applies; no local measure of any kind.

The #Decrim Movement

The #decrim movement, which started in California, is how ordinary people are working to change laws governing natural psychedelics, city by city and state by state — through education, local organizing, public meetings, and legislation. The #decrim movement includes the work to legalize psilocybin. Decriminalization is not legalization; every proposal has its own scope and limits.

Follow #decrim and #DecriminalizeNature to find campaigns, proposed legislation, public meetings, and organizations near you. Read the proposal, learn what it would — and would not — change, and show up where the work is happening. Social media can lead you to the movement, but always verify current law through official government sources.

The Spore Rule: What the Statute Actually Says

Illinois law names psilocybin and psilocyn — the psychoactive compounds. No known Illinois statute mentions psilocybin spores or mycelium, and dormant spores don't contain the scheduled compounds, so spores sit in a legal gray zone.

But the moment spores germinate, the grower is "planting, cultivating, growing" a Schedule I substance — illegal manufacture, a felony that starts at Class 3 and climbs to Class X by weight (720 ILCS 570/401). A spore kit found alongside grow supplies can also invite paraphernalia or attempt theories. Treat spores as unscheduled, not as safe.

Illinois Psilocybin Law in 2026: What Changed—and What Did Not

Illinois came closer than ever — and still nothing changed. Since 2023, lawmakers have repeatedly filed the CURE Act (Compassionate Use and Research of Entheogens), a full regulated-access framework for psilocybin services. The 2023 version (HB 1) died without a floor vote, and the current versions — HB 1143 and SB 2184, along with the HB 2992 "HOPE" equity pilot — were all re-referred to the Rules committees in March 2026, where bills go to wait.

The real 2026 headline is SB 2772, the Psilocybin Advisory Board Act: a modest study-and-recommend bill that passed the full Illinois Senate 41–13 in May 2026, then stalled in the House Rules Committee, where it has sat since. As of September 16, 2026, it has passed the Senate but has not become law — and even if it passes, it creates a study board, not access. One more thing worth knowing: Illinois has no citizen ballot initiative for statutes — the state constitution allows initiatives only for narrow legislative-article amendments — so an Oregon- or Colorado-style voter-passed psilocybin law is not an available path. Change must come from the General Assembly.

Looking beyond Illinois?

Religious Use: What the Law Does — and Does Not — Protect

Illinois’s controlled-substance law makes no exception for religious use — but federal law offers a narrower principle. The Religious Freedom Restoration Act (RFRA) can protect the sincere religious use of a sacrament even where a substance is otherwise illegal. It is a defense, decided case by case — not immunity, and not legalization.

Illinois has its own Religious Freedom Restoration Act — 775 ILCS 35, on the books since 1998. It protects sincere religious exercise against substantial government burdens: under the statutory standard, government must show a compelling interest pursued by the least restrictive means, even for laws that apply to everyone. No Illinois court has ruled on religious psilocybin use, so how that standard applies to a particular sacramental practice remains a case-by-case question.

The Church states this honestly: sincere sacramental practice may be protected; it never promises you cannot be prosecuted under state or federal law.

How TCOP Supports Members in Illinois

The Church of Psychedelics can support a person's spiritual development without pretending that membership changes Illinois law.

TCOP members can participate in Ayüna (the religion), The Golden Path (the spiritual belief system), and teachings, prayer, preparation, integration, services, and community gatherings. These practices help people expand their self-awareness, deepen their relationship with Source Consciousness, and bring greater intention and responsibility into everyday life.

The sacrament of psilocybin is part of that religious life, but it is not the whole religion. Preparation helps a person understand why they are developing a relationship with the medicine. Integration helps them carry what they learn into their relationships, choices, healing, and spiritual development.

We will not tell a Illinois member that joining the Church automatically makes possession or use legal. Trust begins with telling the truth about both the spiritual path and the law.

Store-Shelf "Mushroom" Products: Read the Label, Then Question It

Illinois does not have a legal retail market for psilocybin gummies or chocolate. A package labeled "mushroom," "microdose," or "psychedelic" is not proof that it contains psilocybin — or that the label accurately describes what is inside.

Some products contain Amanita compounds such as muscimol. Others may contain synthetic or undisclosed substances. In the nationwide Diamond Shruumz investigation, CDC reported 180 illnesses, 73 hospitalizations, and two associated deaths. Testing found several substances across different products, including psilocin, O-acetylpsilocin, muscimol, kavalactones, and the prescription drug pregabalin.

The practical lesson is simple: a product being sold openly does not make it regulated, accurately labeled, or safe.

The Bottom Line

Illinois restricts psilocybin and separately protects religious exercise through its RFRA. TCOP’s spiritual community offers Illinois residents education, guidance, and connection through free membership. Religious liberty matters here: sincere use of the sacrament of psilocybin may qualify for protection under Illinois RFRA and federal RFRA, case by case.

TCOP approaches psilocybin as a sacrament within sincere religious belief and ongoing spiritual practice. Our community brings together education, spiritual guidance, and member support for personal and spiritual development. We ground our religious-liberty position in that lived practice; its legal protection depends on the applicable law and the facts of each case.

Frequently Asked Questions

Sources

Sources for this guide include state statutes, court decisions, and official policy records. Laws can change; this information is educational and is not legal advice.

1. 720 ILCS 570/204 — Schedule I · Illinois Compiled Statutes
2. 720 ILCS 570/402 — possession · Illinois Compiled Statutes
3. 720 ILCS 570/401 — manufacture and delivery · Illinois Compiled Statutes
4. 720 ILCS 570/102 — definitions ("production" includes planting, cultivating, growing) · Illinois Compiled Statutes
5. 730 ILCS 5/5-4.5-45 — Class 4 felony sentencing · Illinois Compiled Statutes
6. 730 ILCS 5/5-4.5-25 — Class X felony sentencing · Illinois Compiled Statutes
7. 775 ILCS 35/15 — Illinois RFRA (free-exercise standard) · Illinois Compiled Statutes
8. Illinois Constitution, Article XIV, § 3 — constitutional initiative (legislative article only) · Illinois General Assembly, Legislative Reference Bureau
9. SB 2772 (104th G.A.) — Psilocybin Advisory Board Act, official static bill-status record · Illinois General Assembly
10. HB 1143 (104th G.A.) — CURE Act, official static bill-status record · Illinois General Assembly
11. HB 2992 (104th G.A.) — HOPE Pilot Program Act, official static bill-status record · Illinois General Assembly
12. 21 C.F.R. § 1308.11 — federal Schedule I · Legal Information Institute, Cornell Law School
13. Federal RFRA — 42 U.S.C. § 2000bb-1 · Legal Information Institute, Cornell Law School
14. Gonzales v. O Centro, 546 U.S. 418 (2006) — sacramental-use RFRA decision · Legal Information Institute, Cornell Law School
15. City of Boerne v. Flores, 521 U.S. 507 (1997) — federal RFRA and state governments · Legal Information Institute, Cornell Law School
16. DEA guidance on petitions for religious exemption from the Controlled Substances Act · U.S. Drug Enforcement Administration