Emma Wilson
In the United States, psilocybin, the active psychedelic ingredient in hallucinogenic mushrooms, is classified as a Schedule I Controlled Substance, making it illegal at the federal level. However, the legal status of psilocybin and magic mushrooms varies from state to state. In North Carolina (NC), magic mushrooms are illegal, and possession is considered a Class I felony, with penalties ranging from six months to five years in prison. While magic mushroom spores are legal in NC, they become illegal once germinated as they now contain psilocybin.
| Characteristics | Values |
|---|---|
| Location | North Carolina |
| Mushroom type | Magic mushrooms, Psilocybin-containing mushrooms |
| Legality | Illegal |
| Penalties | Possession is a Class I felony, punishable by 6 months to 5 years in prison; trafficking is a more severe felony punishable by up to 10 years in prison |
| Spore legality | Legal until germination |
| Therapeutic benefits | Evidence suggests therapeutic benefits for problem-solving skills, creativity, depression, anxiety, PTSD, and addiction |
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What You'll Learn
Magic mushrooms are illegal in North Carolina
Magic mushrooms, which contain the hallucinogenic substance psilocybin, are illegal in North Carolina. While spores are legal in the state, as they do not contain psilocybin, the mushrooms themselves are classified as a Schedule I Controlled Substance under N.C. Gen. Stat. § 90-89(3)(r). This means that possession of magic mushrooms is considered a Class I felony, with penalties ranging from six months to five years in prison. Trafficking is considered an even more severe felony, with a sentence of up to 10 years in prison.
Despite the fact that magic mushrooms can be found growing naturally all over North Carolina, particularly in the spring and fall seasons in forested regions and near cattle farms, their possession and use are illegal. The state's laws do not distinguish between possession for personal use and trafficking, so even a small amount of mushrooms can result in a lengthy prison sentence.
The legal status of psilocybin and magic mushrooms is evolving, with a growing body of research highlighting the therapeutic benefits of these substances. This has led to changes in legislation in some places, with psilocybin legalized for medicinal use in countries like Canada, Australia, and Denmark, and decriminalized in certain parts of the United States, such as Oregon and Colorado.
However, in North Carolina, the possession, use, and sale of magic mushrooms remain illegal, and individuals found with these substances are subject to the penalties outlined above. While there may be a push for reform in the future, as of now, magic mushrooms are illegal in the state and can result in significant legal consequences.
Therefore, it is essential to be aware of the legal status of substances like magic mushrooms and the potential risks associated with their possession and use. While the therapeutic benefits of psilocybin are gaining recognition, the law in North Carolina currently prohibits its use, and individuals must abide by the state's regulations to avoid legal repercussions.
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Psilocybin is a Schedule I controlled substance
In the state of North Carolina, psilocybin is classified as a Schedule I controlled substance under NC Gen. Stat. §90-89(3). This means that it is deemed to have no medicinal value and a high potential for abuse and addiction. Possessing magic mushrooms is considered a Class I felony, with penalties ranging from six months to five years in prison. Trafficking, on the other hand, is considered a more severe felony, punishable by up to ten years in prison.
Psilocybin is the active psychedelic ingredient in hallucinogenic mushrooms, often referred to as "magic mushrooms". These mushrooms grow abundantly in the spring and fall seasons in North Carolina, particularly in forested regions and near cattle farms. While the mushrooms themselves are classified as Schedule I substances in North Carolina, their spores are legal, as they do not contain any psilocybin or psilocin. However, possessing spores could be considered illegal paraphernalia or evidence of intent to cultivate psilocybin mushrooms, which is punishable under state or federal law.
The legal status of psilocybin varies worldwide. In some countries, such as Peru and Bolivia, it is legal, while others, like Russia, India, and South Africa, have made it illegal. In recent years, there has been a growing body of research highlighting the therapeutic benefits of psilocybin, including its potential in treating depression, anxiety, post-traumatic stress disorder (PTSD), and addiction. This has led to a shift in legislation in some places, with psilocybin being legalized or decriminalized for medicinal use in several countries, including Canada, Australia, and Denmark.
In the United States, psilocybin is illegal under federal law and classified as a Schedule I substance. However, the enforcement of its illegality varies across states, with some prioritizing other law enforcement issues over psychedelic possession. As of 2025, only Oregon and Colorado have fully legalized psilocybin. The legal landscape surrounding psilocybin is dynamic, with many states reviewing bills to change legislation as scientific research and public support for its therapeutic use continue to grow.
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Possession of magic mushrooms is a Class I felony
In the state of North Carolina, psilocybin, the active psychedelic ingredient in hallucinogenic mushrooms, is classified as a Schedule I Controlled Substance. This means that the possession of magic mushrooms is considered a Class I felony, which carries penalties ranging from 6 months to 5 years in prison.
It is important to note that the spores of magic mushrooms are legal in North Carolina as they do not contain psilocybin or psilocin, the illegal substances found in mature mushrooms. However, possessing these spores could be considered an intent to cultivate psilocybin mushrooms, which is a punishable offense under state or federal law.
The classification of psilocybin as a Schedule I substance under the Controlled Substances Act (CSA) indicates that it is deemed to have no medicinal value and a high potential for abuse and addiction. However, recent research has challenged this notion, with mounting evidence supporting the therapeutic benefits of psilocybin and other psychedelic substances. This includes improvements in problem-solving skills and creativity, and the treatment of mental health disorders such as depression, anxiety, and post-traumatic stress disorder (PTSD).
As a result of this evolving scientific understanding, the legal and political landscape surrounding psychedelics is also shifting. While psilocybin remains illegal at the federal level in the United States, some states have taken steps toward decriminalization or legalization. For example, Oregon and Colorado have legalized psilocybin, while other states are reviewing bills to change their legislation.
In conclusion, while the possession of magic mushrooms is currently a Class I felony in North Carolina, the legal status of psilocybin is subject to change as new research and shifting public opinion prompt lawmakers to reevaluate the potential therapeutic benefits of psychedelic substances.
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Trafficking is a more severe felony with up to 10 years in prison
In the state of North Carolina, magic mushrooms are illegal. The active psychedelic ingredient in these mushrooms, psilocybin, is classified as a Schedule I Controlled Substance. This means that the substance is deemed to have no medicinal value and a high potential for abuse and addiction.
While magic mushroom spores are legal in North Carolina, as they do not contain psilocybin, the moment these spores are germinated, they become illegal. Possessing psilocybin spores could be considered illegal paraphernalia or an intent to cultivate psilocybin mushrooms, which is punishable under state or federal law.
The possession of magic mushrooms in North Carolina is considered a Class I felony, with penalties ranging from 6 months to 5 years in prison. However, trafficking is a more severe felony and can result in a prison sentence of up to 10 years.
It is important to note that the legal landscape surrounding psychedelics is evolving. As research highlights the therapeutic and medicinal benefits of substances like psilocybin, legal and political support for decriminalization or legalization is growing. This has resulted in reforms in various localities, ranging from reduced enforcement priorities to full legalization of specific psychedelics.
If you discover magic mushrooms growing on your property, it is advisable to remove them, especially if you have children or pets. While you may not be prosecuted for simply having them on your land, you could be charged with possession if they are within your control.
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Spores are legal, but germinating them is illegal
In North Carolina, magic mushrooms are illegal. The active psychedelic ingredient in these mushrooms, psilocybin, is classified as a Schedule I Controlled Substance. This means that possessing, selling, or trafficking magic mushrooms is illegal and can result in fines and prison sentences.
However, it is important to note that magic mushroom spores are legal in North Carolina. Spores are the cells that mushrooms use to reproduce, and they do not contain any psilocybin or psilocin, the illegal substances found in mature magic mushrooms. As a result, it is not illegal to possess or sell magic mushroom spores in North Carolina.
That being said, it is illegal to germinate magic mushroom spores in North Carolina. Germination is the process of activating or sprouting the spores to begin the growth of the mushrooms. Once the spores have germinated and started to grow, they become illegal again because they now contain psilocybin or psilocin. Therefore, while it is legal to possess and sell magic mushroom spores, it is illegal to germinate them or possess germinated spores, as this could be considered an intent to cultivate psilocybin mushrooms.
The legality of magic mushroom spores can be confusing and complex. While it is technically legal to possess and sell spores in North Carolina, doing so may still carry legal risks. Law enforcement or prosecutors may argue that possessing spores indicates an intent to cultivate magic mushrooms, which is illegal. Therefore, even if an individual intends to use the spores for educational or research purposes, they may still be at risk of legal consequences. As such, it is essential to stay informed about the local laws and regulations regarding magic mushrooms and their spores, and to consult with a legal professional if you have any questions or concerns.
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Frequently asked questions
Yes, magic mushrooms are illegal in North Carolina.
Possession of magic mushrooms in North Carolina is considered a Class I felony, with penalties ranging from 6 months to 5 years in prison.
Magic mushrooms are currently only legal in two states: Oregon and Colorado. However, the legal status of magic mushrooms varies across different states, with some states decriminalizing their use and allowing them for medicinal purposes.
Magic mushrooms are illegal in North Carolina because they contain psilocybin, a hallucinogenic substance that is classified as a Schedule I controlled substance under state law. Psilocybin is deemed to have no medicinal value and a high potential for abuse and addiction.
If you find magic mushrooms growing on your property in North Carolina, you may want to consider removing them to avoid any potential legal risks. While it is unlikely that you will be charged with possession if you do not intend to use them, there is still a risk that you could be investigated and charged if someone reports you to the police.
