Are Psilocybin Mushrooms Legal in Maryland?

At-a-Glance Status

• Statewide status: Illegal (Schedule I) — Crim. Law § 5-402(a)(3), which incorporates the federal schedule, 21 C.F.R. § 1308.11(d).
• Possession: misdemeanor — § 5-601(c)(1): first offense up to 1 year / $5,000; second or third up to 18 months; fourth or later up to 2 years. The court may order a substance-use assessment and treatment-based probation (§ 5-601(e)).
• Use: no separate "use / under the influence" offense; paraphernalia including grow equipment is a misdemeanor — § 5-619 (first offense fine up to $500; later offenses up to 1 year / $1,000).
• Sale / possession with intent: felony — § 5-602(a), penalty § 5-607(a): up to 5 years / $15,000.
• Manufacture / cultivation: the same felony — growing is "manufacture" (§ 5-101(q), (x)) — up to 5 years / $15,000.
• Local enforcement: no Maryland city or county has decriminalized or deprioritized.
• Legal access program: none. A state Task Force recommended one in October 2025 and was extended through 2027; nothing has been enacted.
• Church support: Not yet — TCOP doesn’t currently support members in Maryland. Join the list and we’ll notify you the moment that changes.

What Maryland Law Actually Says

Psilocybin and psilocin are Schedule I controlled dangerous substances in Maryland — but the Maryland statute no longer lists drugs by name. Since June 2022 (SB 614, Ch. 286), Crim. Law § 5-402(a)(3) makes Schedule I include every substance the federal government designates Schedule I unless the Maryland Department of Health objects (§ 5-202(f)) — and psilocybin and psilocyn sit at 21 C.F.R. § 1308.11(d)(29)–(30).

Possession is a misdemeanor under § 5-601(c)(1): up to 1 year and/or $5,000 for a first conviction, up to 18 months for a second or third, and up to 2 years for a fourth or later — tiers set by the 2016 Justice Reinvestment Act (SB 1005, Ch. 515), which cut the old 4-year / $25,000 maximum effective October 1, 2017. Before sentencing, the court may order a substance-use assessment and suspend the sentence in favor of probation with treatment (§ 5-601(e)).

Maryland has no separate "use" crime, but using or possessing paraphernalia — pipes, scales, or equipment to "plant, propagate, cultivate, grow, harvest [or] manufacture" a controlled dangerous substance — is a misdemeanor under § 5-619 ($500 fine for a first offense; up to 1 year thereafter). Distributing, possessing with intent to distribute, or manufacturing is prohibited by § 5-602(a) and punished under § 5-607(a) as a felony, up to 5 years and/or $15,000.

The harsher 20-year sections do not reach psilocybin: § 5-608 covers Schedule I and II narcotic drugs and § 5-609 covers PCP, LSD and large MDMA quantities; § 5-612’s volume-dealer list does not include psilocybin either. A repeat drug conviction can double the maximum under § 5-905 (with limits added in 2016). Psilocybin is also Schedule I under federal law.

What's Restricted

• Possessing psilocybin mushrooms — misdemeanor (§ 5-601).
• Paraphernalia, including grow equipment — misdemeanor (§ 5-619).
• Growing mushrooms — charged as manufacture (§§ 5-101, 5-602, 5-607), a felony.
• Selling, distributing or possessing with intent — felony, up to 5 years / $15,000.

All of it is criminal under state law.

Has Any Maryland City Lowered Enforcement?

No Maryland city or county has decriminalized or deprioritized psilocybin — not Baltimore, not Montgomery or Prince George’s County, not Annapolis. Maryland’s activity has been at the state legislative level (a study Task Force), not municipal.

The Task Force’s October 2025 report itself lists "arrests for simple possession should be the lowest law enforcement priority" as a recommendation to the General Assembly (Proposition 024) — a recommendation, not a policy in force. Statewide law applies everywhere in Maryland.

Did Baltimore Decriminalize Mushrooms?

No. Some websites claim Baltimore passed a 2023 deprioritization resolution; there is no such measure in the city’s legislative record. Possession is a misdemeanor and growing is a felony in Baltimore, as everywhere in Maryland.

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

Maryland has no statute that specifically bans psilocybin spores — it is not among the states with spore bans (California, Georgia, Idaho, Florida). Because Maryland’s Schedule I now simply incorporates the federal list — which names the chemicals psilocybin and psilocyn, not the fungus or its spores — spores that contain neither compound sit in a legal gray zone.

But germinating them is charged as manufacturing a Schedule I substance — a felony under §§ 5-602 and 5-607(a), up to 5 years — and the grow kit itself is paraphernalia under § 5-619. Treat spores as unscheduled, not as safe.

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

Maryland has not legalized or decriminalized psilocybin, but it has funded research and studied reform for four years.

SB 709 / HB 1367 (2022) was enacted as Ch. 731, effective July 1, 2022 without the Governor’s signature: it created the PTSD and Traumatic Brain Injury Alternative Therapies Fund, directing state money toward psilocybin, MDMA and ketamine research and treatment for veterans through the Department of Health. It changed no criminal law.

HB 548 / SB 1009 (2024), enacted as Ch. 792/793 and signed May 16, 2024, created the Task Force on Responsible Use of Natural Psychedelic Substances (psilocybin, DMT, mescaline), staffed by the Maryland Cannabis Administration, to recommend a "Maryland Natural Psychedelic Substance Access Program" and a transition away from criminalization.

The Task Force reported twice — a July 2025 interim report and an October 2025 report ("A Pathway Forward," delivered November 2025) — recommending an "Ensemble Model": Phase 1 regulatory infrastructure and restorative-justice measures; Phase 2 deprioritization of simple possession, medical and therapeutic access, supervised adult-use facilities and permitted personal cultivation; Phase 3 commercial sales. The report expressly rejected waiting on federal FDA approval. It is advice to lawmakers, not law. In the 2025 session, no psilocybin decriminalization or access bill was filed.

HB 427 / SB 336 (2026) was enacted as Ch. 207/208, signed April 28, 2026 and effective July 1, 2026: it extends the Task Force through December 31, 2027, adds an HBCU representative, and requires an updated report by October 31, 2026. It does not change penalties or create access. A separate 2026 bill to repeal the paraphernalia crime (HB 551 / SB 327) got a hearing and went no further.

No access program operates today; psilocybin remains illegal statewide. The next thing to watch is the Task Force’s October 2026 update and any bill it prompts in the 2027 session.

Looking beyond Maryland?

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

Maryland’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.

Maryland has no state Religious Freedom Restoration Act — a 2025 bill, HB 1019, died after a committee hearing — and no Maryland court ruling protects sacramental psilocybin today. Federal RFRA binds only the federal government (City of Boerne v. Flores, 1997). Maryland’s own Task Force said as much in its October 2025 report, describing religious-use exemptions as "narrow, tied to specific lineages and practices." We explain this honestly as background, not as a promise of access in Maryland 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

Maryland 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 under Maryland law. Possession is generally a misdemeanor, while cultivation and distribution are felonies. Maryland’s task force has recommended regulated access and reduced penalties, but those recommendations have not changed the law.

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 Maryland. 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. Md. Code, Crim. Law § 5-402 — Schedule I by federal incorporation · Maryland General Assembly
2. Md. Code, Crim. Law § 5-202 — Department scheduling; federal designation · Maryland General Assembly
3. Md. Code, Crim. Law § 5-101 — definitions ("manufacture," "produce") · Maryland General Assembly
4. Md. Code, Crim. Law § 5-601 — possession; penalties; assessment · Maryland General Assembly
5. Md. Code, Crim. Law § 5-602 — distribution, possession with intent, manufacture · Maryland General Assembly
6. Md. Code, Crim. Law § 5-607 — felony penalty for non-narcotic CDS · Maryland General Assembly
7. Md. Code, Crim. Law § 5-619 — drug paraphernalia · Maryland General Assembly
8. SB 1005 (2016), Ch. 515 — Justice Reinvestment Act (possession-penalty reform) · Maryland General Assembly
9. SB 614 (2022), Ch. 286 — CDS schedules adjustment (repealed the enumerated lists) · Maryland General Assembly
10. SB 709 (2022), Ch. 731 — PTSD and TBI Alternative Therapies Fund · Maryland General Assembly
11. HB 548 (2024), Ch. 792 — Task Force on Responsible Use of Natural Psychedelic Substances · Maryland General Assembly
12. Task Force October 2025 report — "A Pathway Forward" · Maryland Department of Legislative Services
13. Natural Psychedelic Substances Task Force page · Maryland Cannabis Administration
14. HB 427 (2026), Ch. 207 — Task Force extension through 2027 · Maryland General Assembly
15. Maryland Declaration of Rights, Article 36 — religious liberty · Maryland General Assembly
16. 21 C.F.R. § 1308.11 — federal Schedule I (psilocybin (d)(29), psilocyn (d)(30)) · U.S. eCFR (official)
17. Federal Religious Freedom Restoration Act — 42 U.S.C. § 2000bb-1 · U.S. Code (official)
18. 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
19. 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