Are mushroom gummies legal? Yes, mushroom gummies are legal, but only when they’re made with non-psychoactive, functional mushrooms and follow food or dietary supplement regulations. At the same time, some mushroom gummies are illegal because they contain controlled substances like psilocybin. That difference is what causes most of the confusion.
If you’re trying to understand how mushroom gummies are legal, the key factor is not the gummy itself, but the ingredients inside it. This guide clearly explains which mushroom gummies are legal, which are not, and how U.S. laws, including state-level rules, apply, so you can quickly determine what’s allowed before buying.
Which Mushroom Gummies Are Legal?
There are two types of mushroom gummies: functional and magic (psychedelic) mushroom gummies.
Functional Mushroom Gummies (Generally Legal)
Functional mushroom gummies are made with non-psychoactive mushrooms commonly used in food and supplements, such as:
Lion’s Mane
Reishi
Cordyceps
Chaga
These mushrooms do not contain controlled substances. When used in gummies and sold as dietary supplements, they are generally legal in the U.S. This is why many mushroom gummies are legal and sold openly online and in retail stores.
⭐Fun Fact: Functional mushrooms like Reishi and Lion’s Mane have been used in traditional food and wellness practices for hundreds of years, long before modern supplement regulations existed. This is one reason they’re generally accepted as legal food or supplement ingredients today.
Psychedelic Mushroom Gummies Or Magic Mushrooms (Generally Illegal)
Psychedelic mushroom gummies contain psilocybin, the psychoactive compound found in “magic mushrooms.”
Under U.S. federal law, psilocybin is classified as a Schedule I controlled substance, which makes products containing it illegal to manufacture or sell, regardless of format.
How Are Mushroom Gummies Legal?
A common question is how are mushroom gummies legal if magic mushrooms are illegal? The answer comes down to substance classification, not marketing.
In the U.S., products are regulated differently depending on whether they are considered:
Food
Dietary supplements
Controlled substances
Functional mushroom gummies fall under food or supplement rules when properly formulated. Psilocybin gummies fall under drug laws. The U.S. Food and Drug Administration regulates food and supplement labeling, while controlled substances are governed under federal drug laws.
Also Read:Where To Buy Road Trip Mushroom Gummies?
U.S. State-by-State: Where Mushroom Gummies Are Legal or Illegal?
Here’s a detailed breakdown of where mushroom gummies are legal.
States Where Functional Mushroom Gummies Are Legal
In all U.S. states, gummies made with functional, non-psychoactive mushrooms are generally legal when they comply with supplement and food regulations.
That means:
Lion’s Mane, Reishi, Cordyceps, and similar mushrooms are allowed
Products must be properly labeled
No psychedelic or medical claims
There are currently no U.S. states that ban functional mushroom gummies outright.
👉You can learn more about how mushroom gummies work and their wellness profile.
States Where Psychedelic Mushroom Gummies Are Illegal
Psilocybin mushroom gummies are illegal to sell in every U.S. state under federal law.
However, some states and cities have decriminalized possession, which often causes confusion.
States & Cities With Psilocybin Decriminalization (Not Legal Sale)
In the following locations, possession of psilocybin may be decriminalized or deprioritized, but selling psilocybin gummies remains illegal:
Oregon (regulated therapeutic use only, not retail gummies)
Colorado (regulated access under specific programs)
Cities in:
California (e.g., Oakland, Santa Cruz)
Michigan (e.g., Ann Arbor)
Massachusetts (select cities)
Important:
Decriminalization does not mean mushroom gummies are legal to sell or buy commercially.
Why Some Mushroom Gummies Are Still Sold Online?
Some illegal products appear online because:
Online marketplaces don’t pre-approve listings
Enforcement often happens after testing or complaints
Products may be mislabeled or vague about ingredients
Public health agencies like the Centers for Disease Control and Prevention have reported cases where products marketed as legal contained undisclosed psychoactive substances.
Availability does not equal legality.
Can Mushroom Gummies Become Illegal in the Future?
Yes. Mushroom gummies that are legal today could become illegal if:
Ingredients are reclassified
Products are found to contain undisclosed compounds
Marketing crosses into drug-like claims
Legality depends on ingredients, transparency, and compliance.
How to Tell If Mushroom Gummies Are Legal?
Before buying, consumers should:
Check the Ingredient List
Mushroom species should be clearly named
Avoid vague “proprietary blends.”
Look for transparent labeling
Review the Product Claims
Legal mushroom gummies:
Do not claim psychedelic effects
Do not reference “magic mushrooms”
Do not promise medical treatment
When details are unclear, legality often is too.
Frequently Asked Questions
1) Are mushroom gummies legal in every U.S. state?
Functional mushroom gummies are generally legal nationwide. Psychedelic mushroom gummies are illegal in all states.
2) Are mushroom gummies legal to sell online?
Yes, if they are made with functional mushrooms and comply with supplement regulations.
3) How are mushroom gummies legal if psilocybin mushrooms aren’t?
Because functional mushroom gummies do not contain psilocybin or other controlled substances.
4) Can I travel with mushroom gummies?
Traveling with functional mushroom gummies is usually allowed. However, traveling with psilocybin gummies is illegal.
5) What Are Mushroom Gummies?
“Mushroom gummies” is a broad term used for gummies made with mushroom-based ingredients. Legality depends on what type of mushroom is used. There are two main categories, and they are treated very differently under the law.
Bottom Line
So, are mushroom gummies legal? The answer comes down to one simple factor: what’s inside the gummy. Functional mushroom gummies made with non-psychoactive mushrooms are legal in all U.S. states when properly labeled and sold as food or dietary supplements. On the other hand, mushroom gummies containing psilocybin remain illegal to sell nationwide, even in states or cities where possession has been decriminalized.
Understanding how mushroom gummies are legal and where the line is drawn helps buyers avoid confusion, misleading products, and unnecessary risk. When in doubt, always check ingredient transparency and remember that legality is determined by classification, not marketing or availability.
Disclaimer: This content is provided for general informational purposes only and is not intended as legal or regulatory advice. Laws and regulations regarding mushroom-based products can vary by jurisdiction and may change over time. Product legality depends on factors such as ingredients, labeling, and local enforcement policies. Readers are encouraged to review product ingredient lists carefully and consult official state or federal resources if they have questions about legality in their specific location.
