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

Legal

As of October 8, 2026, Amanita muscaria / Muscimol is legal to sell at retail in New Jersey. Not named on New Jersey schedules or in any state law; edibles reachable only via general food-adulteration law. Controlling source: N.J.A.C. 13:45H-10.1 (Schedules of CDS; adopts federal 21 CFR 1308.11-.15 plus state additions), 2017 adoption notice.

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

What the record says

Nothing in N.J.S.A. 24:21-5 (Schedule I) names Amanita muscaria, muscimol, or ibotenic acid (Justia/public.law fallback text fetched 2026-10-07; psilocybin is listed, these are not). No New Jersey 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. Schedule checked 2026-10-08 on the official source (N.J.A.C. 13:45H-10.1 (Schedules of CDS; adopts federal 21 CFR 1308.11-.15 plus state additions), 2017 adoption notice): Amanita muscaria, muscimol and ibotenic acid are not listed.

Controlling language, verbatim

Although New Jersey has adopted, in N.J.A.C. 13:45H-10.1(a), the Federal controlled dangerous substances Schedules I through V codified at 21 CFR 1308.11 through 1308.15, as amended and supplemented, the Director is authorized under N.J.S.A. 24:21-3 to add, delete, or reschedule substances under the New Jersey Controlled Dangerous Substances Act. Full text of the adoption follows: 13:45H-10.1 Sche

Source of excerpt

Citations

  1. N.J.A.C. 13:45H-10.1 (Schedules of CDS; adopts federal 21 CFR 1308.11-.15 plus state additions), 2017 adoption notice (official state source, 2026-10-08) 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. N.J.A.C. 13:45H-10.1 (Schedules of CDS; adopts federal 21 CFR 1308.11-.15 plus state additions), 2017 adoption notice PRIMARYOFFICIAL
  4. N.J.S.A. 24:21-5 (2025 via Justia) (Justia (fallback), 2026-10-07)OFFICIAL
  5. 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 Jersey's 3 neighbors, Delaware, New York and Pennsylvania are legal, the same posture as New Jersey.

Open the interactive map · Every compound in New Jersey

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 Jersey

3 instruments on file for this compound's framework in New Jersey; 5 of 5 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

N.J.A.C. 13:45H-10.1 (NJ Schedule I incorporates federal 21 CFR 1308.11 by reference); N.J.S.A. 2C:35-2 (controlled substance analog)MIRROR
Instrument
statute
Source
https://www.law.cornell.edu/regulations/new-jersey/N-J-A-C-13-45H-10-1
Retrieved
2026-06-19
Fingerprint
b2544b6f71d19e60
**N.J.A.C. 13:45H-10.1(a) (federal incorporation)** — "The Federal controlled dangerous substance Schedules I, II, III, IV and V at 21 CFR 1308.11 through 1308.15, as amended and supplemented, promulgated by the United States Attorney General pursuant to 21 U.S.C. §§ 811 and 812, are incorporated herein by reference."
— N.J.A.C. 13:45H-10.1(a), https://www.law.cornell.edu/regulations/new-jersey/N-J-A-C-13-45H-10-1 (OFFICIAL — Cornell LII reproduction of N.J.A.C.).
**N.J.S.A. 2C:35-2 (controlled substance analog)** — "'Controlled substance analog' means a substance that has a chemical structure substantially similar to that of a controlled dangerous substance and that was specifically designed to produce an effect substantially similar to that of a controlled dangerous substance. The term shall not include a substance manufactured or distributed in conformance with the provisions of an approved new drug application or an exemption for investigational use within the meaning of section 505 of the 'Federal Food, Drug and Cosmetic Act' …" — and: "The term [controlled dangerous substance], wherever it appears in any law or administrative regulation of this State, shall include controlled substance analogs."
— N.J.S.A. 2C:35-2, https://law.justia.com/codes/new-jersey/title-2c/section-2c-35-2/ (MIRROR: Justia).
N.J.A.C. 13:45H-10.1 (Schedules of CDS; adopts federal 21 CFR 1308.11-.15 plus state additions), 2017 adoption notice · N.J.A.C. 13:45H-10.1 (Schedules of CDS; adopts federal 21 CFR 1308.11-.15 plus state additions), 2017 adoption noticeOFFICIAL
Instrument
N.J.A.C. 13:45H-10.1 (Schedules of CDS; adopts federal 21 CFR 1308.11-.15 plus state additions), 2017 adoption notice
Source
https://WWW.NJCONSUMERAFFAIRS.GOV/Adoptions/060517-CDS-Adoption.pdf
Retrieved
2026-10-08
Fingerprint
634785e900e19af8
Although New Jersey has adopted, in N.J.A.C. 13:45H-10.1(a), the Federal controlled dangerous substances Schedules I through V codified at 21 CFR 1308.11 through 1308.15, as amended and supplemented, the Director is authorized under N.J.S.A. 24:21-3 to add, delete, or reschedule substances under the New Jersey Controlled Dangerous Substances Act. Full text of the adoption follows: 13:45H-10.1 Schedules of controlled dangerous substances (a)-(d) (No change.) (e) In accordance with (d) above, the following substances shall be designated and controlled as Schedule I controlled dangerous substances: 1.-9. (No change.) 10. Illicit fentanyls. Illicit fentanyls include any material, compound, mixture, or preparation that is not listed as a controlled substance in Schedules I through V, is not a Federal Food and Drug Administration (FDA) approved drug, and contains any quantity of the following substances, their salts, isomers (whether optical, positional, or geometric), homologues (analogs), and salts of isomers, and homologues (analogs) unless specifically excepted whenever the existence of these salts, isomers, homologues (analogs), and salts of isomers and homologues (analogs) is possible within the specific chemical designations: i. Furanyl Fentanyl, with a chemical composition of N-phenyl-N-[1-(2-phenylethyl)-4- piperidinyl] -2-furancarboxamide, monohydrochloride or N-(1-phenethylpiperidin-4-yl)-N- phenylfuran-2-carboxamide; ii. 3-Methylfentanyl, with a chemical composition of 3-methyl-N-phenyl-N-[1-(2-phenethyl- 4-piperidyl)-propanamide); iii. 3-Methyl Butyrylfentanyl, with a chemical composition of 3-Methyl, N-phenyl-N-[1-(2- phenylethyl)-4-piperidinyl]-butanamide, monohydrochloride; iv. Valeryl Fentanyl, with a chemical composition of N-phenyl-N-[1-(2-phenylethyl)-4- piperidinyl]-pentanamide, monohydrochloride; v. Norfentanyl, with a chemical composition of N-phenyl-N-4-piperidinyl-propanamide; vi. Para-Fluorobutyryl-Fentanyl, with a chemical composition of N-(4-fluorophenyl)-N-[1-(2- phenylethyl)-4-piperidinyl]-butanamide, monohydrochloride; and vii. Carfentanyl, with a chemical composition of 2-hydroxypropane-1, 2, 3-tricarboxylic acid; methyl 1-(2-phenylethyl)-4-(N-propanoylanilino) piperidine-4-carboxylateor.
N.J.S.A. Sec. 2C:35-2 (Definitions) · Controlled dangerous substance / Controlled substance analog (analogs folded into CDS)MIRROR
Instrument
Controlled dangerous substance / Controlled substance analog (analogs folded into CDS)
Source
https://law.justia.com/codes/new-jersey/title-2c/section-2c-35-2/
Retrieved
2026-07-20
Fingerprint
b16e837424533ac6
"Controlled dangerous substance" means a drug, substance, or immediate precursor in Schedules I through V, marijuana and hashish as defined in this section, any substance the distribution of which is specifically prohibited in N.J.S.2C:35-3, in section 3 of P.L.1997, c.194 (C.2C:35-5.2), in section 5 of P.L.1997, c.194 (C.2C:35-5.3), in section 2 of P.L.2011, c.120 (C.2C:35-5.3a), or in section 2 of P.L.2013, c.35 (C.2C:35-5.3b), and any drug or substance which, when ingested, is metabolized or otherwise becomes a controlled dangerous substance in the human body. When any statute refers to controlled dangerous substances, or to a specific controlled dangerous substance, it shall also be deemed to refer to any drug or substance which, when ingested, is metabolized or otherwise becomes a controlled dangerous substance or the specific controlled dangerous substance, and to any substance that is an immediate precursor of a controlled dangerous substance or the specific controlled dangerous substance. The term shall not include distilled spirits, wine, malt beverages, as those terms are defined or used in R.S.33:1-1 et seq., tobacco and tobacco products, or cannabis and cannabis as defined in section 3 of P.L.2021, c.16 (C.24:6I-33). The term, wherever it appears in any law or administrative regulation of this State, shall include controlled substance analogs. "Controlled substance analog" means a substance that has a chemical structure substantially similar to that of a controlled dangerous substance and that was specifically designed to produce an effect substantially similar to that of a controlled dangerous substance. The term shall not include a substance manufactured or distributed in conformance with the provisions of an approved new drug application or an exemption for investigational use within the meaning of section 505 of the "Federal Food, Drug and Cosmetic Act," 52 Stat. 1052 (21 U.S.C. s.355).

Related

Amanita muscaria / Muscimol in neighboring states

Amanita muscaria / Muscimol in other states

Same framework in New Jersey

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Cite this page

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