Are Mushrooms Legal in Maine?
It depends on the mushroom. Psilocybin is illegal; Amanita muscaria is not scheduled. Here is the exact 2026 law.
It depends on which mushroom you mean. Psilocybin mushrooms ("magic mushrooms") are illegal in Maine — psilocybin is a Schedule X controlled substance under 17-A M.R.S. §1102, and possession is a Class D crime punishable by up to 364 days in jail and a $2,000 fine. But Amanita muscaria mushrooms — which contain muscimol, not psilocybin — are not scheduled under Maine or federal law and are sold commercially in most states. The two are chemically and legally distinct, and that distinction is the source of most confusion.
The Two Kinds of "Mushroom" People Ask About
When people search "are mushrooms legal in Maine," they are usually asking about one of two very different things. Getting them mixed up leads to bad legal conclusions.
| Feature | Psilocybin Mushrooms | Amanita Muscaria |
|---|---|---|
| Active compound | Psilocybin / psilocin | Muscimol / ibotenic acid |
| How it acts | Serotonin (5-HT2A) — classic psychedelic | GABA system — sedative, dream-like |
| Maine status | Schedule X (17-A M.R.S. §1102) | Not scheduled |
| Federal status | Schedule I | Not scheduled |
| Possession in Maine | Class D crime | Not prohibited by scheduling |
| Sold commercially? | No (illegal) | Yes, in most states |
The rest of this page covers both, because the law treats them completely differently.
Psilocybin Mushrooms: Illegal in Maine
Psilocybin and psilocin — the psychoactive compounds in Psilocybe "magic" mushrooms — are controlled substances at both the state and federal level.
- Maine: Schedule X controlled substance under 17-A M.R.S. §1102.
- Possession penalty: Class D crime — up to 364 days in jail and a $2,000 fine.
- Federal: Schedule I under the Controlled Substances Act.
This status has not changed as a result of any recent federal or state action. The April 2026 federal executive order on psychedelics directs the FDA to fast-track therapeutic review of certain substances; it does not reschedule psilocybin or change its legal status in Maine.
The April 2026 Executive Order Does Not Legalize Psilocybin
Amanita Muscaria: Not Scheduled
Amanita muscaria — the iconic red-and-white-spotted mushroom — is a different organism with different chemistry. Its active compounds, muscimol and ibotenic acid, are not psilocybin and are not listed on any DEA schedule or in Maine's controlled-substances tables. That is why Amanita muscaria products (gummies, tinctures, capsules) are sold openly in most U.S. states.
Two important caveats:
- Not scheduled is not the same as approved. The FDA has stated that Amanita muscaria and its constituents do not meet the safety standard for use in food or dietary supplements. Products are typically sold as novelty or ceremonial items, not as foods or drugs.
- Read the label. A legal Amanita product lists muscimol or Amanita muscaria extract. If a "mushroom gummy" contains psilocybin, it is illegal in Maine regardless of where it was sold.
Maine Mushroom Legality — 2026 Snapshot
- Psilocybin (Maine): Schedule X, 17-A M.R.S. §1102
- Psilocybin possession: Class D crime — up to 364 days, $2,000 fine
- Psilocybin (federal): Schedule I
- Amanita muscaria: not scheduled (Maine or federal)
- LD 1034 (2025): decriminalization bill — failed enactment, created nothing
- Current legal status of psilocybin: unchanged — still illegal
What Happened to LD 1034 — and Maine's Other Reform Efforts
Maine is not legalizing psilocybin, and no state commission or services program exists. LD 1034 — "An Act to Decriminalize Personal Possession of Therapeutic Amounts of Psilocybin for Adults" — was a straightforward decriminalization measure. It would have removed criminal penalties for adults 21 and older possessing one ounce or less of psilocybin. It created no regulatory framework, no licensing process, and no study commission.
The bill passed the House 70-69 on June 2, 2025, and the Senate 17-16 on June 3 — both by a single vote. On June 4, it was tabled and subsequently failed final enactment. It did not become law, and it created nothing that is now operating.
LD 1034 was not Maine's first attempt. In the prior session, LD 1914 (2023) — the "Maine Psilocybin Health Access Act" — started as a full legalization bill but was amended into a study commission, and even that scaled-back version died when the 131st Legislature concluded. Separately, the Portland City Council passed a non-binding resolution in October 2023 deprioritizing enforcement against psychedelic plants and fungi; it changed no law and does not bind state or federal authorities. A recurring error online is attributing LD 1914's never-enacted study commission to LD 1034 — the two are different bills from different sessions, and neither created an operating commission.
Psilocybin possession remains a Class D crime in Maine today, exactly as it was before any of these efforts. Any future reform would require a new bill in the 133rd Legislature (2027 session) or a citizen initiative.
For the full legislative history — including the LD 1914 amendment text, roll-call votes, and the Portland resolution — see our Maine psilocybin 2026 monitoring guide. Note the contrast: while psilocybin remains a crime, cannabis is legal in Maine for adults 21+ — the two are governed by entirely separate statutes.
This Is a Monitoring Situation, Not a Prediction
Frequently Asked Questions
Are mushrooms legal in Maine?
It depends on the mushroom. Psilocybin mushrooms (so-called magic mushrooms) are illegal in Maine — psilocybin is a Schedule X controlled substance under 17-A M.R.S. §1102, and unlawful possession of a Schedule X drug is a Class D crime under 17-A M.R.S. §1107-A, punishable by up to 364 days in jail and a $2,000 fine. Amanita muscaria mushrooms, which contain muscimol rather than psilocybin, are not scheduled under Maine or federal law and are sold commercially in most states. The two are chemically and legally distinct.
Is psilocybin legal in Maine?
No. Psilocybin is classified as a Schedule X controlled substance under Maine law (17-A M.R.S. §1102). Possession is a Class D crime, punishable by up to 364 days in jail and a $2,000 fine. This status has not changed as a result of any recent federal or state action, including the April 2026 federal executive order on psychedelics.
Are psychedelic mushrooms legal in Maine?
No. Psilocybin and psilocin — the psychoactive compounds in psychedelic Psilocybe mushrooms — are controlled substances in Maine (Schedule X under 17-A M.R.S. §1102) and federally (Schedule I). Possession, sale, and cultivation are illegal. A decriminalization bill (LD 1034) passed both chambers in 2025 but failed final enactment and did not become law; no commission or services program was created.
Are mushroom gummies legal in Maine?
It depends on what is in them. Gummies containing psilocybin are illegal in Maine. Gummies made from Amanita muscaria (containing muscimol, not psilocybin) are not scheduled under Maine or federal law and are sold commercially, though the FDA has stated that Amanita muscaria does not meet the safety standard for food or dietary supplements. Read the label: a legal product lists muscimol or Amanita muscaria extract, never psilocybin.
Did the Trump executive order legalize psilocybin in Maine?
No. The executive order signed in April 2026 directs the FDA to fast-track review of certain psychedelic substances for therapeutic use; it does not reschedule psilocybin or change its legal status in Maine or under federal law. Psilocybin remains Schedule I federally and Schedule X in Maine.
What happened to LD 1034, Maine's psilocybin bill?
LD 1034 would have decriminalized personal possession of one ounce or less of psilocybin for adults 21 and older. It passed the House 70-69 and the Senate 17-16 in June 2025 — both by a single vote — but failed final enactment and did not become law. It created no commission, services program, or regulatory framework. Psilocybin possession remains a Class D crime in Maine.
Could psilocybin become legal in Maine soon?
Not yet, and nothing is guaranteed. Any future reform would require a new bill in the 133rd Legislature (2027 session) or a citizen initiative. Federal actions — including the April 2026 executive order and FDA priority review vouchers for psilocybin therapies — may influence that conversation, but they do not change Maine law. As of now, psilocybin possession remains a crime in Maine. This is a monitoring situation, not a prediction.
Is Amanita muscaria the same as a magic mushroom?
No. Magic mushroom is a colloquial term for Psilocybe mushrooms containing psilocybin, which acts on serotonin (5-HT2A) receptors. Amanita muscaria contains muscimol and ibotenic acid, which act on the GABA system and produce a sedative, dream-like effect rather than classic psychedelia. The chemistry, effects, and legal status are all different.
This article is for informational purposes only and does not constitute legal advice. Drug scheduling and psychedelic policy change frequently. Verify current law with the Maine Revised Statutes and consult a qualified attorney before acting on any of this information.
Editorial note. This guide is part of the Maine Dispensary Guide editorial corpus. Every material correction to this page is documented in our public Editorial Corrections Log with the primary source that confirms the fix.