Michael Davis
As of April 2025, psilocybin, the active compound in magic mushrooms, remains illegal in New Jersey, classified as a Schedule I substance. However, there is pending legislation that could change this. A reintroduced bill in the state senate sets up a legal framework for the manufacture and sale of products containing psilocybin. The bill would decriminalize the use of psilocybin by anyone over 21 and would allow adults to possess, store, transport, give away, or share up to 4 grams of psilocybin. The state Department of Health would issue licenses for psilocybin manufacturing facilities, service centers that sell the product, and testing laboratories. The bill does not set a cap on the quantity of psilocybin that a manufacturer could produce, but the Health Department could set limits. So, while psilocybin remains illegal in New Jersey as of 2025, the legal landscape may change in the near future, potentially allowing for the legal sale of mushrooms with the appropriate permits and licenses.
| Characteristics | Values |
|---|---|
| Location | New Jersey |
| Mushroom Type | Psilocybin, psychedelic, hallucinogenic, magic mushrooms |
| Legality | Illegal as of April 2025, pending legislation for decriminalization |
| Possession | Possession of less than 1 ounce or 4 grams reclassified as a disorderly person's offense, punishable by a fine of up to $1,000 and up to 6 months in jail |
| Sale | Considered a second-degree crime, punishable by a prison sentence of 5-10 years and fines up to $150,000 |
| Cultivation | Home cultivation is an area of legal ambiguity, with early bill drafts suggesting the possibility |
| Permits | Worker permits would be issued by the Department of Health for manufacturing facilities, service centers, and testing labs |
| Consumption | Must be consumed at a licensed service center or through regulated home delivery |
| Advertising | Manufacturers cannot advertise psilocybin products but can promote "psilocybin services" without targeting minors or encouraging excessive use |
| Taxation | Local officials cannot impose taxes or fees |
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What You'll Learn
Permits for selling wild vs. cultivated mushrooms
In the state of New Jersey, there is currently no clear requirement for a permit or license to sell wild or cultivated mushrooms. However, it is important to note that the state is considering legalizing magic mushrooms for recreational use and mental health treatment. The proposed legislation, known as the "Psilocybin Behavioral Health Access and Services Act," focuses on decriminalizing the use and possession of psilocybin, the hallucinogenic compound found in magic mushrooms.
When it comes to wild mushrooms, there are safety concerns due to the potential for misidentification of species. In other states, such as New York, there are regulations in place that require wild mushrooms to be inspected and approved by a certified mushroom identification expert before they can be sold. This helps ensure the safety of consumers and reduces the risk of misidentification.
On the other hand, cultivated mushrooms offer a higher degree of certainty regarding species identification. Intentionally cultivated mushrooms are grown in controlled conditions, with substrates that are clean and free of contaminants. The grower inoculates the substrate with a known species of mushroom spawn, ensuring that the intended species will emerge.
While specific regulations for selling wild or cultivated mushrooms in New Jersey are unclear, it is always advisable to consult with local authorities, such as the health department and the department of agriculture, to understand any applicable rules and requirements. Additionally, if you plan to process the mushrooms, such as drying and packaging them, you may need additional permits and inspections to ensure food safety.
In summary, while New Jersey may not currently require a permit specifically for selling wild or cultivated mushrooms, it is important to stay informed about the evolving legal landscape, especially with the potential legalization of magic mushrooms. Additionally, general food safety regulations and business licensing requirements may apply, depending on the specific circumstances of your mushroom-selling operations.
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Legal consequences for selling psychedelic mushrooms in NJ
As of April 2025, the sale of psychedelic mushrooms is illegal in New Jersey, and the penalties are severe. The penalties are categorized based on the amount of mushrooms involved. If an individual is caught distributing, selling, or possessing psychedelic mushrooms with a total weight of one ounce or 28 grams or more, it is classified as a second-degree crime. A second-degree crime in New Jersey can lead to a prison sentence ranging from 5 to 10 years and fines that can go up to $150,000. For quantities less than one ounce, the offense is now classified as a disorderly persons offense rather than a third-degree crime. The penalties for this offense include a maximum of six months in jail and a fine of up to $1,000.
However, there is a growing movement to reform drug laws in the US, and New Jersey is considering legalizing the therapeutic use of psilocybin, the active compound in psychedelic mushrooms. In October 2024, the New Jersey Senate Budget and Appropriations Committee advanced a bill to legalize psilocybin. The bill, called the "Psilocybin Behavioral Health Access and Services Act," would set up a regulated framework for administering psilocybin to treat conditions such as depression, anxiety, PTSD, and cluster headaches. The bill would also decriminalize the use of psilocybin for recreational purposes by anyone over 21, allowing them to possess, store, use, ingest, inhale, process, or transport 4 grams or less of psilocybin.
If the bill passes, New Jersey would implement a tightly regulated psilocybin program overseen by the Department of Health. The Department of Health would issue licenses for psilocybin manufacturing facilities, "service centers" that sell the product, and testing laboratories under specific conditions, including local zoning approvals. The Health Department would also issue worker permits. Psilocybin products would have to be consumed at a psilocybin service center, and manufacturers would not be permitted to advertise their products to the public.
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Psilocybin manufacturing and selling licenses
In the United States, the possession and use of psilocybin are prohibited under almost all circumstances, and the cultivation of psilocybin mushrooms is considered drug manufacture in most jurisdictions. However, there are some exceptions and ongoing changes to the legal status of psilocybin mushrooms in certain states.
In the state of New Jersey, there is currently a bill under consideration that would decriminalize the use, possession, and distribution of psilocybin for adults over the age of 21. The bill, known as the "Psilocybin Behavioral Health Access and Services Act," aims to provide legal access to psilocybin for recreational and mental health treatment purposes. Under this proposed legislation, the state Department of Health would issue licenses for psilocybin manufacturing facilities, "service centers" selling the product, and testing laboratories. These licenses would come with specific conditions, such as obtaining local zoning approvals and adhering to advertising restrictions.
In Oregon, the state has passed Measure 109, also known as the Psilocybin Services Act, which authorises the Oregon Health Authority (OHA) to establish rules and regulations for administering psilocybin. This includes the issuance of manufacturer licenses, allowing businesses to cultivate, produce, and package psilocybin products. Additionally, service center operator licenses are available, enabling individuals to conduct psilocybin therapy sessions under supervision and following specific requirements, such as residency and background checks.
It is worth noting that the legal landscape surrounding psilocybin is evolving, and other states like Virginia and Massachusetts have different regulations. It is always advisable to consult official sources and legal professionals for the most up-to-date and accurate information regarding the licensing requirements for psilocybin manufacturing and selling in a specific state.
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Selling mushrooms to restaurants
As of April 2025, psilocybin, the active compound in "magic mushrooms", remains illegal in New Jersey. It is classified as a Schedule I substance under the state's Controlled Dangerous Substances Act. However, there is pending legislation that could change this.
The "Psilocybin Behavioral Health Access and Services Act" or S2934, proposes that adults over the age of 21 in New Jersey would be allowed to "possess, store, consume, transport, give away, or share up to four grams or less of psilocybin". The bill would also decriminalize the use of psilocybin for those over 21 and expunge past and pending offences involving the drug.
The bill sets out a legal framework for the manufacture and sale of psilocybin products. The state Department of Health would issue licenses for psilocybin manufacturing facilities, "service centres" that sell the product, and testing laboratories. Psilocybin products must be consumed at a licensed centre, or, if the customer cannot leave their premises for medical reasons, at home under regulated circumstances.
If you are selling cultivated, non-psychedelic mushrooms, you may require a business license or permit, depending on your location. Local farmer's markets, grocery stores, and health food stores are good places to start selling mushrooms. Selling to restaurants can be more challenging as they often have higher standards for quality and consistency and may require specific delivery times.
If you are selling foraged wild mushrooms, the rules are often stricter due to the risk of accidentally picking poisonous mushrooms. In some places, you may need to complete a wild mushroom identification course to obtain a permit to sell foraged mushrooms.
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Selling mushrooms at farmer's markets
In the state of New Jersey, there is currently no clear information on whether a license is required to sell mushrooms. However, it is important to note that the state is considering legalizing magic mushrooms for recreational use and mental health treatment. While this proposed legislation focuses on decriminalizing the use and possession of psilocybin, it also outlines a regulatory framework for manufacturing and selling psilocybin products. This suggests that selling mushrooms in New Jersey may soon require compliance with specific regulations and licensing procedures.
For now, if you're interested in selling mushrooms at farmers' markets in New Jersey, there are a few things to keep in mind. First, check with your local health department and department of agriculture to understand any specific requirements or permits needed for selling mushrooms directly to consumers. They can provide you with clear guidelines and any necessary permits.
Next, consider the benefits of selling mushrooms at farmers' markets. Farmers' markets are excellent venues for connecting directly with customers and educating them about the benefits and uses of mushrooms. You can provide recipes, cooking suggestions, and recommendations for complementary ingredients. By offering high-quality mushrooms and helpful advice, you can build a loyal customer base that appreciates your expertise and the freshness of your product.
To get started, research popular farmers' markets in your area that attract customers interested in gourmet or specialty mushrooms. Consider the success story of Jordan Stettner of Dining Wild, who sells exotic mushrooms and wild greens at farmers' markets in Milburn, South Orange, Jersey City, Sparta, and Boonton. Stettner's success stems from his ability to offer unique products and educate customers about foraging and mushroom varieties.
Additionally, while selling to restaurants may be more challenging due to their demands for quality, consistency, and specific delivery times, it can provide stable income and regular orders. To sell to restaurants, research local high-end restaurants that source fresh, locally grown produce and are willing to pay a premium for quality. You can also start by selling your mushrooms at a farmer's market, which is a great place to meet and form business relationships with chefs.
In summary, while the permit requirements for selling mushrooms in New Jersey are currently unclear, you should still consult the relevant local authorities. Farmers' markets offer a direct connection to customers and the opportunity to build a strong brand and customer base. They are an excellent platform for selling mushrooms and can even serve as a launchpad for supplying local restaurants.
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Frequently asked questions
As of April 2025, psilocybin, the psychedelic compound in magic mushrooms, is illegal in New Jersey. However, pending legislation and growing clinical research supporting therapeutic applications mean the state is considering changes to psilocybin policy. A reintroduced bill in the state senate sets up a legal framework for the manufacture and sale of products containing psilocybin. Under this bill, the state Department of Health would issue licenses for psilocybin manufacturing facilities, "service centers" that sell the product, and testing laboratories.
In New Jersey, the penalties for dealing with psychedelic mushrooms are severe. If an individual is caught distributing, selling, or possessing psychedelic mushrooms with a total weight of one ounce or more, it is classified as a second-degree crime, which can lead to a prison sentence ranging from 5 to 10 years and fines of up to $150,000. Possession of less than an ounce is a disorderly person's offense, carrying a maximum sentence of six months in jail and/or a fine of up to $1,000.
The reintroduced bill in the state senate does not explicitly permit individuals to grow psilocybin-producing fungi. This remains an area of legal ambiguity.
Psilocybin is currently classified as a Schedule I substance under New Jersey's Controlled Dangerous Substances Act, which carries stringent penalties for possession and distribution.
