Is Amanita muscaria / Muscimol Legal in New Hampshire? (2026)

Legal

As of October 8, 2026, Amanita muscaria / Muscimol is legal to sell at retail in New Hampshire. Not named on New Hampshire schedules or in any state law; edibles reachable only via general food-adulteration law. Controlling source: FDA Alerts Industry and Consumers about the Use of Amanita Muscaria or its Constituents in Food (Constituent Update, Dec. 18, 2024).

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

What the record says

Nothing in RSA 318-B:1-a (controlled drug schedules) names Amanita muscaria, muscimol, or ibotenic acid (Justia/public.law fallback text fetched 2026-10-07; psilocybin is listed, these are not). New Hampshire controls substances in step with federal scheduling unless the commissioner objects, so federal non-scheduling carries through. No New Hampshire 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. 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
  2. RSA 318-B:1-a (2025 via Justia) (Justia (fallback; gencourt.state.nh.us returned empty replies), 2026-10-07)OFFICIAL
  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 New Hampshire's 3 neighbors, Maine, Massachusetts and Vermont are legal, the same posture as New Hampshire.

Open the interactive map · Every compound in New Hampshire

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 New Hampshire

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

N.H. Rev. Stat. Ann. Sec. 318-B:1 · Definitions (Controlled Drug Act) -- "Controlled drug analog" definition (subparagraph VI-a) and supporting "Substantially similar in chemical structure" definition (subparagraph XXXI-a)OFFICIAL
Instrument
Definitions (Controlled Drug Act) -- "Controlled drug analog" definition (subparagraph VI-a) and supporting "Substantially similar in chemical structure" definition (subparagraph XXXI-a)
Source
https://gc.nh.gov/rsa/html/XXX/318-B/318-B-1.htm
Retrieved
2026-07-02
Fingerprint
619a7ad66c8cea56
318-B:1 Definitions. --

VI-a. (a) "Controlled drug analog" means a substance, however constituted, the chemical structure of which is derivative of, or substantially similar to that of a controlled drug and:

(1) Which has been shown in laboratory studies to bind with and activate the same central nervous receptors that are responsible for the psychoactive effects of a certain controlled drug or controlled drug class; or

(2) With respect to a particular person, which such person represents or intends to have similar psychoactive effects on the central nervous system as a controlled drug.

(b) "Controlled drug analog" shall not include:

(1) A controlled drug;

(2) Any substance for which there is an approved new drug application;

(3) With respect to a particular person, any substance, if an exemption is in effect for investigational use for that person under 21 U.S.C. section 355, to the extent conduct with respect to the substance is pursuant to such an exemption; or

(4) Any compound, mixture, or preparation that contains any controlled drug or controlled drug analog that is not for administration to a human being or animal, and that is packaged in such a form or concentration, or with adulterants or denaturants so that, as packaged, it does not present any significant potential for abuse.

XXXI-a. "Substantially similar in chemical structure" means that the substance in question shares a common core structure with a controlled drug, meaning that the "backbone" of the molecule is the same, and has no more than 2 points of divergence (additions, deletions, or substitutions) from the controlled drug, which may consist of a single atom or a functional group or some combination thereof. Functional groups are further defined as alkyl, alkenyl, alkynyl, ring structures (either homocyclic or heterocyclic, with or without additional attached functional groups), organic halides, alkoxy, alcohol, ether, amine, aldehyde, ketone, carboxylic acid, ester, amide, nitrile, nitro, sulfide, thiene, thioester, or thiol.
RSA 318-B:1, VI-a (controlled drug analog) + RSA 318-B:1, XXXI-a ("substantially similar in chemical structure"); RSA 318-B:2 (prohibition)MIRROR
Instrument
statute
Source
https://law.justia.com/codes/new-hampshire/title-xxx/chapter-318-b/section-318-b-1/
Retrieved
2026-06-19
Fingerprint
3fbeffe6c9c96de9
**RSA 318-B:1, VI-a(a) (controlled drug analog)** — "'Controlled drug analog' means a substance, however constituted, the chemical structure of which is derivative of, or substantially similar to that of a controlled drug and: (1) Which has been shown in laboratory studies to bind with and activate the same central nervous receptors that are responsible for the psychoactive effects of a certain controlled drug or controlled drug class; or (2) With respect to a particular person, which such person represents or intends to have similar psychoactive effects on the central nervous system as a controlled drug."
— RSA 318-B:1, VI-a(a), https://law.justia.com/codes/new-hampshire/title-xxx/chapter-318-b/section-318-b-1/ (MIRROR: Justia, 2025).
**RSA 318-B:1, XXXI-a ("substantially similar in chemical structure")** — "'Substantially similar in chemical structure' means that the substance in question shares a common core structure with a controlled drug, meaning that the 'backbone' of the molecule is the same, and has no more than 2 points of divergence (additions, deletions, or substitutions) from the controlled drug, which may consist of a single atom or a functional group or some combination thereof. Functional groups are further defined as alkyl, alkenyl, alkynyl, ring structures … amine …"
— RSA 318-B:1, XXXI-a. Same URL (MIRROR: Justia).
**RSA 318-B:1, XIII (hallucinogenic drugs, anchor)** — "'Hallucinogenic drugs' are psychodysleptic drugs … Exemplary of such drugs are mescaline, peyote, psilocybin and d-lysergic acid diethylamide."
— RSA 318-B:1, XIII. Same URL (MIRROR: Justia).
RSA 318-B:2, I; RSA 318-B:1, VI-a, XXXI-a · Acts Prohibited (controlled drug analog); controlled drug analog and substantially-similar-structure definitionsOFFICIAL
Instrument
Acts Prohibited (controlled drug analog); controlled drug analog and substantially-similar-structure definitions
Source
https://www.gencourt.state.nh.us/rsa/html/xxx/318-b/318-b-2.htm
Retrieved
2026-07-20
Fingerprint
7e1ece894e0c8416
318-B:2, I. It shall be unlawful for any person to manufacture, possess, have under his control, sell, purchase, prescribe, administer, or transport or possess with intent to sell, dispense, or compound any controlled drug, or controlled drug analog, or any preparation containing a controlled drug, except as authorized in this chapter.

318-B:1, VI-a. (a) "Controlled drug analog" means a substance, however constituted, the chemical structure of which is derivative of, or substantially similar to that of a controlled drug and:
(1) Which has been shown in laboratory studies to bind with and activate the same central nervous receptors that are responsible for the psychoactive effects of a certain controlled drug or controlled drug class; or
(2) With respect to a particular person, which such person represents or intends to have similar psychoactive effects on the central nervous system as a controlled drug.
(b) "Controlled drug analog" shall not include:
(1) A controlled drug;
(2) Any substance for which there is an approved new drug application;
(3) With respect to a particular person, any substance, if an exemption is in effect for investigational use for that person under 21 U.S.C. section 355, to the extent conduct with respect to the substance is pursuant to such an exemption; or
(4) Any compound, mixture, or preparation that contains any controlled drug or controlled drug analog that is not for administration to a human being or animal, and that is packaged in such a form or concentration, or with adulterants or denaturants so that, as packaged, it does not present any significant potential for abuse.

318-B:1, XXXI-a. "Substantially similar in chemical structure" means that the substance in question shares a common core structure with a controlled drug, meaning that the "backbone" of the molecule is the same, and has no more than 2 points of divergence (additions, deletions, or substitutions) from the controlled drug, which may consist of a single atom or a functional group or some combination thereof. Functional groups are further defined as alkyl, alkenyl, alkynyl, ring structures (either homocyclic or heterocyclic, with or without additional attached functional groups), organic halides, alkoxy, alcohol, ether, amine, aldehyde, ketone, carboxylic acid, ester, amide, nitrile, nitro, sulfide, thiene, thioester, or thiol.

Related

Amanita muscaria / Muscimol in neighboring states

Amanita muscaria / Muscimol in other states

Same framework in New Hampshire

Other compounds in New Hampshire

Cite this page

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