Is Psilocybin / Magic Mushrooms Legal in Wisconsin? (2026)
No — Psilocybin / Magic Mushrooms are illegal in Wisconsin as of 2026.
Law changed in 2024: In 2024, a bill was introduced to create a medicinal psilocybin treatment fund and pilot program, but it did not pass. No significant legislative changes have occurred.
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Quick Answer
Psilocybin mushrooms are illegal in Wisconsin under Wis. Stat. § 961.14, classified as a Schedule I controlled substance. Possession, sale, and manufacture are prohibited.
What the Law Says
Possession of more than 5 grams of psilocybin is a Class E felony in Wisconsin.
— Wisconsin Statutes - Controlled Substances
| Category | Details |
|---|---|
| Possession | Illegal to possess any amount of psilocybin mushrooms. |
| Distribution | Illegal to sell or distribute psilocybin mushrooms. |
| Penalties | Possession is a felony punishable by up to 3.5 years imprisonment and fines up to $10,000. |
| Age Restriction | None (illegal for all ages). |
| Pending Legislation | None known |
In 2024, a bill was introduced to create a medicinal psilocybin treatment fund and pilot program, but it did not pass. No significant legislative changes have occurred.
Enforcement Reality
Possession of psilocybin is a felony in Wisconsin, and law enforcement will prosecute individuals for possession. There are no decriminalization measures in place at the state level.
A common mistake is to be unaware of the strict legal status of psilocybin in Wisconsin. Possession is a felony, and there are no exceptions for personal use.
Local Exceptions
None identified. State law applies uniformly across Wisconsin. Local ordinances may still vary — check with your city or county government for any additional rules.
Bottom Line
Psilocybin / Magic Mushrooms are illegal in Wisconsin. 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.
Wisconsin 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. Wisconsin 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 Wisconsin?
What are the penalties for possessing psilocybin mushrooms in Wisconsin?
How strictly does Wisconsin enforce its psilocybin / magic mushrooms laws?
What typically triggers enforcement in Wisconsin?
What is the age restriction for possessing psilocybin mushrooms in Wisconsin?
Does the law on possessing psilocybin mushrooms change at the Wisconsin 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 Wisconsin Legal Guides
Explore all related legal topics in Wisconsin — statutes, penalties, and enforcement in one place.
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Psilocybin / Magic Mushrooms in Other States
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