Are Psilocybin Mushrooms Legal in New Jersey?

At-a-Glance Status

• Statewide status: Illegal — Schedule I (N.J.S.A. 24:21-5(e)(15) psilocybin, (e)(16) psilocyn).
• Possession (1 oz or less): disorderly persons offense — N.J.S.A. 2C:35-10(a)(5) (up to 6 months, N.J.S.A. 2C:43-8; fine up to $1,000, N.J.S.A. 2C:43-3(c)) — since P.L. 2021, c. 9.
• Possession (more than 1 oz): crime of the third degree — N.J.S.A. 2C:35-10(a)(1) (3–5 years, N.J.S.A. 2C:43-6(a)(3); fine up to $35,000).
• Use / under the influence: disorderly persons offense — N.J.S.A. 2C:35-10(b) (separate from possession).
• Manufacture / distribution / possession with intent (any quantity): crime of the third degree — N.J.S.A. 2C:35-5(b)(13) (3–5 years; fine up to $25,000).
• Cultivation: charged as "manufacture" — the definition in N.J.S.A. 2C:35-2 includes "production" and "propagation."
• Local enforcement: no New Jersey municipality has decriminalized or deprioritized.
• Legal access program: a hospital-based research pilot was enacted January 20, 2026 (P.L. 2025, c. 296) — not operating yet; no general access.
• Church support: Not yet — TCOP doesn’t currently support members in New Jersey. Join the list and we’ll notify you the moment that changes.

What New Jersey Law Actually Says

Psilocybin and psilocin are Schedule I controlled dangerous substances under New Jersey’s Controlled Dangerous Substances Act — N.J.S.A. 24:21-5(e)(15) and (16). The criminal penalties live in the Code of Criminal Justice.

Possession is governed by N.J.S.A. 2C:35-10. Since P.L. 2021, c. 9 (signed February 4, 2021, effective immediately), possession of one ounce or less of psilocybin is a disorderly persons offense — 2C:35-10(a)(5) — punishable by up to 6 months in jail (2C:43-8) and a fine of up to $1,000 (2C:43-3(c)). A disorderly persons offense is not a "crime" under New Jersey’s code; it is the state’s misdemeanor-level category, handled in municipal court. Possession of more than one ounce falls back to the general Schedule I rule in 2C:35-10(a)(1): a crime of the third degree, punishable by 3 to 5 years (2C:43-6(a)(3)) and a fine of up to $35,000.

New Jersey also has a separate "use / under the influence" offense — 2C:35-10(b), a disorderly persons offense.

Manufacturing, distributing, dispensing, or possessing with intent to distribute psilocybin is a crime of the third degree in any quantity under N.J.S.A. 2C:35-5(b)(13) — the catch-all for Schedule I–IV substances not specifically listed — with a fine of up to $25,000. The one-ounce "second degree" ladder in 2C:35-5(b)(4) applies only to narcotic drugs, which psilocybin is not. Growing mushrooms is charged as manufacture: 2C:35-2 defines it to include "production, preparation, propagation … or processing" of a controlled dangerous substance. Psilocybin is also Schedule I under federal law.

What's Restricted

• Possessing psilocybin mushrooms — a disorderly persons offense at one ounce or less, a third-degree crime above that.
• Using or being under the influence — a separate disorderly persons offense (2C:35-10(b)).
• Growing mushrooms — charged as manufacture (2C:35-2, 2C:35-5), a third-degree crime.
• Selling, distributing or possessing with intent — third degree in any quantity.

All of it is prohibited under state law.

Has Any New Jersey City Lowered Enforcement?

No New Jersey municipality has decriminalized or deprioritized psilocybin — not Newark, Jersey City, Paterson, Trenton, Princeton, Hoboken, or Asbury Park. New Jersey’s reform activity has been entirely at the state legislative level.

Because the 2021 one-ounce rule is a statewide statute, the same disorderly-persons treatment applies in every town — there is no "decrim city" to seek out and no locality where the law is harsher.

Did Newark or Jersey City Decriminalize Mushrooms?

No. There are no local decriminalization or deprioritization measures anywhere in New Jersey; state law applies uniformly.

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

New Jersey has no statute that specifically bans psilocybin spores — it is not among the states with spore bans (California, Georgia, Idaho, Florida). Spores contain no psilocybin or psilocin, so they sit in a legal gray zone.

But germinating and growing them is manufacturing a Schedule I substance — a crime of the third degree under N.J.S.A. 2C:35-5(b)(13) — and the resulting mushrooms are contraband under 2C:35-10 from the first gram. Treat spores as unscheduled, not as safe.

New Jersey Psilocybin Law in 2026: What Changed—and What Did Not

New Jersey has not legalized or decriminalized psilocybin, but it has moved twice — once on penalties, once on research.

P.L. 2021, c. 9 (S3256 / A5084) was signed February 4, 2021, effective immediately. It reclassified possession of one ounce or less of psilocybin from a third-degree crime to a disorderly persons offense. It was signed on its own, 18 days before the cannabis legalization and decriminalization laws of February 22, 2021 (P.L. 2021, c. 16 and c. 19) — a distinction most write-ups get wrong.

S2934 (2022–23 session) was Sen. Scutari’s original Psilocybin Behavioral Health Access and Services Act: regulated psilocybin services for adults 21+, decriminalized personal possession up to 4 grams, home cultivation, and expungement. It died without a vote.

S2283 / A3852 (2024–25 session) was the reintroduced Act. The Senate Health, Human Services and Senior Citizens Committee adopted a substitute on June 6, 2024 that dropped the personal-possession and home-grow provisions and kept only supervised, practitioner-certified services for adults 21+; the Senate Budget and Appropriations Committee advanced it October 7, 2024. In the Assembly, the Health Committee substitute of November 24, 2025 narrowed it again into a hospital-based research pilot — three hospitals (one each in northern, central, and southern New Jersey), $6 million ($2 million per hospital), overseen by the Department of Health and an 11-member Psychedelic Therapy and Research Advisory Board, for patients 21+ with a practitioner’s written certificate. Both houses passed it January 12, 2026 (Senate 35–4; Assembly 48–23), and it was approved January 20, 2026 as P.L. 2025, c. 296.

What c. 296 does not do: it does not amend 2C:35-5 or 2C:35-10, does not decriminalize possession, does not allow home cultivation, and includes no expungement. Its criminal-liability immunity covers only licensed participants acting inside the pilot, and psilocybin is consumed on-premises under a licensed facilitator. As of September 2026 the pilot is not yet operating — hospital selection and board appointments are still in the development phase.

In the 2026–27 session (222nd Legislature), S3148 (Scutari/Vitale) re-files the full regulated-services framework (licensed service centers, adults 21+ with a certificate — still no personal possession or home grow), and A1526 (Calabrese/Verrelli) duplicates the pilot. Neither has passed.

Outside the not-yet-running hospital pilot, psilocybin remains illegal statewide, with the 2021 one-ounce rule the only penalty change in effect.

Looking beyond New Jersey?

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

New Jersey’s controlled-dangerous-substances 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.

New Jersey has no state Religious Freedom Restoration Act — bills to create one have been introduced repeatedly and never passed — and no New Jersey ruling protects religious psilocybin use today. Federal RFRA binds only the federal government (City of Boerne v. Flores, 1997). We explain this honestly as background, not as a promise of access in New Jersey right now.

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

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

New Jersey 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

Psilocybin remains illegal for general use in New Jersey. Possession of one ounce or less is a disorderly persons offense, while larger possession, cultivation, and distribution remain third-degree crimes. The hospital research pilot does not create general public access.

Federal law is a separate question. RFRA requires the federal government to justify substantial burdens on sincere religious exercise. In Gonzales v. O Centro (2006), the Supreme Court unanimously upheld a preliminary injunction protecting a church’s sacramental use of a Schedule I psychedelic.

TCOP is built on sincere belief, ongoing spiritual practice, intentional sacramental use, education, and member support—the kinds of facts courts examine under RFRA. TCOP does not currently provide sacramental support in New Jersey. Membership does not legalize psilocybin or guarantee immunity. RFRA protection is case-specific.

The medicine deserves reverence. The law deserves precision. The Church of Psychedelics honors both by giving members clear information, being honest about what is still uncertain, and treating sacramental use as part of a sincere personal spiritual development practice — the kind of religious exercise RFRA was written to protect.

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. New Jersey Revised Statutes — official statutory database (N.J.S.A. 24:21-5 scheduling; 2C:35-2 definitions; 2C:35-5 manufacture, distribution and possession with intent; 2C:35-10 possession and use; 2C:43-3, 2C:43-6 and 2C:43-8 sentencing) · New Jersey Legislature
2. New Jersey Constitution, Article I, paragraph 3 — religious liberty · New Jersey Legislature
3. P.L. 2021, c. 9 (S3256) — psilocybin one ounce or less reclassified, approved February 4, 2021 · New Jersey Legislature
4. Notice — L. 2021, c. 9, effective February 4, 2021 · New Jersey Courts
5. P.L. 2021, c. 19 — cannabis decriminalization, approved February 22, 2021 · New Jersey Legislature
6. S2934 (2022–23) — original Psilocybin Behavioral Health Access and Services Act (not enacted) · New Jersey Legislature
7. S2283 — Senate Health Committee statement, June 6, 2024 · New Jersey Legislature
8. S2283 — Senate Budget and Appropriations Committee statement, October 7, 2024 · New Jersey Legislature
9. A3852 ACS ACS — Assembly Health Committee substitute, November 24, 2025 (pilot conversion) · New Jersey Legislature
10. Legislative Digest, January 12, 2026 — floor passage (Senate 35–4; Assembly 48–23) · New Jersey Legislature
11. P.L. 2025, c. 296 — Psilocybin Behavioral Health Access and Services Act (pilot), approved January 20, 2026 · New Jersey Legislature
12. S3148 (2026–27) — full regulated-services re-file (pending) · New Jersey Legislature
13. A1526 (2026–27) — pilot-program duplicate (pending) · New Jersey Legislature
14. A3766 (2020–21) — New Jersey Religious Freedom Restoration Act (introduced, never enacted) · New Jersey Legislature
15. 21 C.F.R. § 1308.11 — federal Schedule I (psilocybin (d)(29), psilocyn (d)(30)) · U.S. eCFR (official)
16. Federal Religious Freedom Restoration Act — 42 U.S.C. § 2000bb-1 · U.S. Code (official)
17. Gonzales v. O Centro Espírita Beneficente União do Vegetal, 546 U.S. 418 (2006) — sacramental use of a Schedule I psychedelic (bound volume 546, opinion at p. 418) · Supreme Court of the United States
18. City of Boerne v. Flores, 521 U.S. 507 (1997) — federal RFRA does not bind state and local government (bound volume 521, opinion at p. 507) · Supreme Court of the United States