Are Psilocybin Mushrooms Legal in Minnesota?

At-a-Glance Status

• Statewide status: Illegal (Schedule I) — Minn. Stat. § 152.02, subd. 2.
• Possession: 5th-degree controlled-substance crime — § 152.025 (felony, up to 5 years / $10,000; a first offense under 0.25 g or one dose = gross misdemeanor).
• Use: no separate offense — possession covers it.
• Growing / selling (cultivation = "sale"): 4th-degree and up — § 152.024 (up to 15 years / $100,000), escalating to 1st-degree § 152.021 (up to 30 years / $1,000,000).
• Local enforcement: Minneapolis deprioritized (2023); not legal.
• Reform status: task force recommended decrim + therapy (2025); bills pending, none enacted.
• Church support: Supported state — religious path via RFRA.

What Minnesota Law Actually Says

Psilocybin and psilocyn are Schedule I controlled substances in Minnesota (Minn. Stat. § 152.02, subd. 2, hallucinogens). Possession is charged as a fifth-degree controlled-substance crime (§ 152.025) — generally a felony (up to 5 years and/or a $10,000 fine); a first offense involving less than 0.25 grams or a single dose is a gross misdemeanor, though dried mushrooms are weighed as the whole mixture and usually exceed that.

Minnesota law defines "manufacture" to include cultivation and "sell" to include manufacture (§ 152.01), so growing mushrooms is charged on the sale ladder — at minimum a fourth-degree crime (§ 152.024, up to 15 years / $100,000), escalating by amount up to first-degree (§ 152.021, up to 30 years / $1,000,000). Psilocybin is also Schedule I under federal law.

What's Restricted

• Possessing psilocybin mushrooms — fifth-degree crime (§ 152.025), usually a felony.
• Growing mushrooms — charged as sale (§§ 152.01, 152.024), escalating by amount.
• Selling or distributing psilocybin — fourth-degree and up (§ 152.024 → § 152.021).

All of it is criminal under state law. Local deprioritization does not change the statute.

The Minnesota Cities That Lowered Enforcement

Minneapolis is the one Minnesota city to act. On July 21, 2023, Mayor Jacob Frey signed an executive order making the investigation or arrest of people for using, possessing, cultivating, or sharing entheogenic plants and fungi (including psilocybin mushrooms, ayahuasca, mescaline, and iboga) the city’s lowest law-enforcement priority. It excludes commercial sale/manufacture, distribution in schools, impaired driving, and weapons — and excludes peyote, to protect Native American Church access. It is deprioritization, not legalization.

St. Paul and Duluth have not acted — no verified local measure.

Are Mushrooms Legal in Minneapolis?

No. Enforcement is deprioritized locally; possession is still illegal under state law.

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

Minnesota has no statute that specifically bans psilocybin spores (unlike Florida, Georgia, or Idaho). The Schedule I listing names psilocybin and psilocyn — the psychoactive compounds — which spores don’t contain, so spores sit in a legal gray zone.

But once spores are germinated into mycelium or fruiting bodies, that’s cultivation — treated as "manufacture"/sale under §§ 152.01/152.024 and chargeable. Treat spores as unscheduled, not as safe.

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

Minnesota has not legalized or decriminalized psilocybin, but the groundwork is active. The 2023 health omnibus created a Psychedelic Medicine Task Force, which in January 2025 recommended decriminalizing personal-use psilocybin and creating a state-regulated therapeutic-access program.

Two bills followed in the 2025–26 session: HF 2906 / SF 3971, which would create a supervised psilocybin therapy program for adults 21+ and reschedule psilocybin to Schedule IV under state law (it cleared a House committee and was re-referred in March 2026 but has not passed), and HF 2699 / SF 4204, a broader decriminalization bill that stalled in committee. No access program exists yet; psilocybin remains illegal statewide.

Looking beyond Minnesota?

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

Minnesota’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.

Minnesota has no religious-use exemption in its controlled-substance law, but its Constitution protects freedom of conscience (Article I, § 16) — the state’s own religious-liberty authority. No Minnesota court has applied it to psilocybin, so it remains a framework for a fact-specific claim, not a promise.

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 Minnesota

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

Minnesota 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

Minnesota continues to prohibit general possession and cultivation of psilocybin, although Minneapolis has deprioritized certain enforcement involving entheogenic plants and fungi. State reform efforts and proposed therapeutic legislation have not created a legal statewide access program.

TCOP supports qualifying Minnesota members through a spiritual community built on sincere belief, continuing religious practice, education, preparation, and integration. This provides a structured religious path for sacramental work while maintaining a clear and honest view of Minnesota law.

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. Minnesota Statutes § 152.02 — controlled-substance schedules · Minnesota Revisor of Statutes
2. Minnesota Statutes § 152.025 — fifth-degree controlled-substance offenses · Minnesota Revisor of Statutes
3. Minnesota Statutes chapter 152 — controlled substances · Minnesota Revisor of Statutes
4. Minnesota Constitution, Article I, § 16 — freedom of conscience · Minnesota Revisor of Statutes
5. Minneapolis Executive Order 2023-01 — entheogenic plants and fungi · City of Minneapolis
6. Psychedelic Medicine Task Force · Minnesota Department of Health
7. HF 2906 — legislative status and bill text · Minnesota Legislature
8. 21 C.F.R. § 1308.11 — federal Schedule I · U.S. eCFR (official)
9. Federal Religious Freedom Restoration Act — 42 U.S.C. § 2000bb-1 · U.S. Code (official)
10. Gonzales v. O Centro, 546 U.S. 418 (2006) — sacramental-use RFRA decision · Legal Information Institute, Cornell Law School
11. City of Boerne v. Flores, 521 U.S. 507 (1997) — federal RFRA and state governments · Legal Information Institute, Cornell Law School