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

Legal

As of October 8, 2026, Amanita muscaria / Muscimol is legal to sell at retail in Maryland. Not named on Maryland schedules or in any state law; edibles reachable only via general food-adulteration law. Controlling source: Md. Crim. Law Sec. 5-402.

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

What the record says

Nothing in Md. Code, Crim. Law Sec. 5-402 (Schedule I) names Amanita muscaria, muscimol, or ibotenic acid (official text fetched 2026-10-07; psilocybin is listed, these are not). Maryland's Schedule I incorporates federally designated substances, analogues, and Department additions; neither the federal list nor the statute names these compounds, and no Department addition naming them was found. No Maryland 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. Md. Crim. Law Sec. 5-402 (Maryland 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 Maryland's 5 neighbors, District of Columbia, Delaware, Pennsylvania, Virginia and West Virginia are legal, the same posture as Maryland.

Open the interactive map · Every compound in Maryland

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 Maryland

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

Md. Code, Criminal Law § 5-402(a)(1) & (b) — Schedule I consists of each "controlled dangerous substance analogue."MIRROR
Instrument
statute
Source
https://law.justia.com/codes/maryland/criminal-law/title-5/subtitle-4/section-5-402/
Retrieved
2026-06-19
Fingerprint
ff39c7d9766e1749
**§ 5-402(a)(1) & (b):** "(a) Schedule I consists of each: (1) controlled dangerous substance analogue, as defined in subsection (b) of this section …" and "(b)(1)(i) 'controlled dangerous substance analogue' means a substance: 1. that has a chemical structure substantially similar to the chemical structure of a controlled dangerous substance described in Schedule I or Schedule II; and 2. that has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than [that] of a controlled dangerous substance described in Schedule I or Schedule II …" and "(2) To the extent intended for human consumption, each controlled dangerous substance analogue is a substance described in Schedule I."
— Md. Code, Crim. Law § 5-402; via labeled Justia mirror: https://law.justia.com/codes/maryland/criminal-law/title-5/subtitle-4/section-5-402/
Md. Code, Criminal Law Sec. 5-402 · Schedule I; controlled dangerous substance analogue (self-executing)OFFICIAL
Instrument
Schedule I; controlled dangerous substance analogue (self-executing)
Source
https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&enactments=false&section=5-402
Retrieved
2026-07-20
Fingerprint
acfde5ec795d04e3
(a) Schedule I consists of each: (1) controlled dangerous substance analogue, as defined in subsection (b) of this section; (2) controlled dangerous substance added to Schedule I by the Department under Section 5-202(b) of this title; and (3) controlled dangerous substance designated as a Schedule I controlled dangerous substance by the federal government unless the Department objects under Section 5-202(f) of this title. (b) (1) In this subsection: (i) 'controlled dangerous substance analogue' means a substance: 1. that has a chemical structure substantially similar to the chemical structure of a controlled dangerous substance described in Schedule I or Schedule II; and 2. that has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled dangerous substance described in Schedule I or Schedule II; but (ii) 'controlled dangerous substance analogue' does not include: 1. a controlled dangerous substance; 2. a substance for which there is an approved new drug application; or 3. a substance exempted for investigational use under Section 506 of the Federal Food, Drug, and Cosmetic Act. (2) To the extent intended for human consumption, each controlled dangerous substance analogue is a substance described in Schedule I. (c) The Department may not add a substance to Schedule I under Section 5-202 of this title unless the Department finds: (1) a high potential for abuse of the substance; (2) no accepted medical use in the United States for the substance; and (3) a lack of accepted safety for use of the substance under medical supervision.

Related

Amanita muscaria / Muscimol in neighboring states

Amanita muscaria / Muscimol in other states

Same framework in Maryland

Other compounds in Maryland

Cite this page

Compound Analytics. "Is Amanita muscaria / Muscimol Legal in Maryland? (2026)." Compound Laws, https://compoundlaws.com/compounds/amanita-muscimol/maryland/. 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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