Is Psilocybin / Magic Mushrooms Legal in North Dakota? (2026)
No — Psilocybin / Magic Mushrooms are illegal in North Dakota as of 2026.
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Quick Answer
Psilocybin mushrooms are illegal in North Dakota under the North Dakota Century Code (NDCC § 19-03.1-02). Psilocybin is a Schedule I controlled substance, prohibiting possession, sale, and manufacture.
What the Law Says
North Dakota has reclassified psilocybin as a Schedule IV drug, indicating some potential for medical use, though it remains a controlled substance.
— North Dakota Century Code § 19-03.1-02
| Category | Details |
|---|---|
| Possession | Illegal; possession is a felony with penalties including imprisonment and fines. |
| Distribution | Illegal; sale and distribution are felony offenses. |
| Penalties | Penalties vary by amount but include imprisonment and fines. |
| Age Restriction | None (illegal for all ages). |
| Pending Legislation | None known |
No significant legislative changes have occurred to decriminalize or legalize psilocybin in North Dakota. A bill to establish research for therapeutic use did not pass.
Enforcement Reality
Psilocybin is a Schedule I controlled substance in North Dakota, and possession is a felony. Law enforcement actively prosecutes these cases, and cultivation has been discovered in conjunction with other drug trafficking operations.
A common mistake is to be unaware of the strict legal status of psilocybin in North Dakota. There are no decriminalization measures in place, and possession is a felony.
Local Exceptions
None identified. State law applies uniformly across North Dakota. Local ordinances may still vary — check with your city or county government for any additional rules.
Bottom Line
Psilocybin / Magic Mushrooms are illegal in North Dakota. Possession or use can result in criminal charges. Do not assume enforcement is lax — penalties are real. Consult a licensed attorney if you have specific questions.
North Dakota vs. the Rest of the US
Across the US, possessing psilocybin mushrooms is fully legal in 2 states, restricted in 2, and illegal in 36. North Dakota falls in the ILLEGAL category.
View the full 50-state map →Neighboring States
Laws change at state lines. Here is how bordering states compare on Psilocybin / Magic Mushrooms:
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Frequently Asked Questions
Is it legal to possess Psilocybin / Magic Mushrooms in North Dakota?
What are the penalties for possessing psilocybin mushrooms in North Dakota?
How strictly does North Dakota enforce its psilocybin / magic mushrooms laws?
What typically triggers enforcement in North Dakota?
What is the age restriction for possessing psilocybin mushrooms in North Dakota?
Does the law on possessing psilocybin mushrooms change at the North Dakota border?
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Reviewed by cross-referencing the cited state statute against current legislative databases and regulatory publications.
Sources & Verification
This page was reviewed by Ethan Harper by comparing the legal status against the cited state statute. AllowedHere is an informational resource and does not provide legal advice. Consult a licensed attorney for guidance specific to your situation.
Comprehensive North Dakota Legal Guides
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Psilocybin / Magic Mushrooms in Other States
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