Is Amanita muscaria / Muscimol Legal in Delaware? (2026)

Legal

As of October 8, 2026, Amanita muscaria / Muscimol is legal to sell at retail in Delaware. Not named on Delaware schedules or in any state law; edibles reachable only via general food-adulteration law. Controlling source: 16 Del. C. ch. 47, subch. II (schedules).

Verified October 8, 2026 · confidence: confirmed
Rule type
permanent
Tier
unscheduled

What the record says

Nothing in 16 Del. C. Sec. 4714 (Schedule I) names Amanita muscaria, muscimol, or ibotenic acid (official text fetched 2026-10-07; psilocybin is listed, these are not). No Delaware statute or rule names these compounds, so the only reach is general food adulteration law read with FDA's Dec. 18, 2024 determination that A. muscaria and its constituents are unapproved food additives, which does not reach inhaled products such as vapes. Analogue-act reach is remote because muscimol and ibotenic acid are not structurally similar to any Schedule I or II hallucinogen.

Citations

  1. 16 Del. C. ch. 47, subch. II (schedules) (Delaware General Assembly, 2026-10-07) PRIMARYOFFICIAL
  2. FDA Alerts Industry and Consumers about the Use of Amanita Muscaria or its Constituents in Food (Constituent Update, Dec. 18, 2024) (U.S. Food and Drug Administration, 2026-10-07) PRIMARYOFFICIAL
  3. Amanita muscaria (Fly Agaric) Fact Sheet (Mar. 2026) (Legislative Analysis and Public Policy Association (LAPPA), 2026-10-07)OFFICIAL

Where Amanita muscaria / Muscimol stands across the country

LegalRestrictedGray areaIllegalNot yet verified

Among Delaware's 3 neighbors, Maryland, New Jersey and Pennsylvania are legal, the same posture as Delaware.

Open the interactive map · Every compound in Delaware

Federal posture

Federal gray area. Not federally scheduled; FDA says A. muscaria, muscimol, ibotenic acid are unapproved food additives, unsafe in food. Federal detail

Verbatim law on file for Delaware

2 instruments on file for this compound's framework in Delaware; 3 of 3 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

16 Del. C. § 4714(d) (Schedule I hallucinogens — enumerated, does NOT name it).OFFICIAL
Instrument
statute
Source
https://delcode.delaware.gov/title16/c047/sc02/index.html
Retrieved
2026-06-19
Fingerprint
68691bb2616a99d4
**§ 4714(d)** "Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation: … (4) Bufotenine; (5) Diethyltryptamine; (6) Dimethyltryptamine; … (14) Psilocybin; (15) Psilocyn; … (23) Alpha-ethyltrytamine [sic]."
— 16 Del. C. § 4714(d), official Delaware Code Online: https://delcode.delaware.gov/title16/c047/sc02/index.html (4-HO-MET not named; no tryptamine structural class)
16 Del. C. Sec. 4701(7), (10) · Uniform Controlled Substances Act - Definitions (Controlled substance; Designer drug)OFFICIAL
Instrument
Uniform Controlled Substances Act - Definitions (Controlled substance; Designer drug)
Source
https://delcode.delaware.gov/title16/c047/sc01/index.html
Retrieved
2026-07-20
Fingerprint
05e12a90636e64b4
(7) Controlled substance means a drug, substance or immediate precursor in Schedules I through V of subchapter II of this chapter. For purposes of the crimes set forth in subchapters IV and V of this chapter, and of forfeiture set forth in Section 4784 of this title, controlled substance includes designer drug, as defined in paragraph (10) of this section. (10) Designer drug means a substance that has a chemical structure substantially similar to that of a controlled substance or that was specifically designed to or may produce an effect substantially similar to that of a controlled substance. Examples of chemical classes in which designer drugs are found include, but are not limited to, the following: Phenethylamines, N-substituted piperidines, morphinans, ecgonines, quinazolinones, substituted indoles, arylcycloalkylamines, cannabinoids, cathinones, and any synthetic analogue of a controlled substance. Designer drug does not include any substance that was manufactured, delivered or dispensed in conformance with an approved new drug application, or an exemption for investigating use within the meaning of Section 505 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. Section 355), or that was manufactured, delivered or dispensed in conformance with a registration issued by the Attorney General of the United States within the meaning of Sections 301-304 of the Federal Controlled Substances Act (21 U.S.C. Sections 821-824).

Related

Amanita muscaria / Muscimol in neighboring states

Amanita muscaria / Muscimol in other states

Same framework in Delaware

Other compounds in Delaware

Cite this page

Compound Analytics. "Is Amanita muscaria / Muscimol Legal in Delaware? (2026)." Compound Laws, https://compoundlaws.com/compounds/amanita-muscimol/delaware/. Accessed October 25, 2026.

Compound Laws, published by Compound Analytics, reports the record: statutes verbatim, official citations, enforcement facts and verification dates. Nothing here is legal advice and nothing here describes how to get around a law. A jurisdiction with no verified row is reported as not yet verified, never as legal. Found an error? Corrections policy.

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