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

Legal

As of October 8, 2026, Amanita muscaria / Muscimol is legal to sell at retail in Pennsylvania. Not named on Pennsylvania schedules or in any state law; edibles reachable only via general food-adulteration law. Controlling source: Controlled Substance, Drug, Device and Cosmetic Act, 1972 Act 64 (full text PDF).

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

What the record says

Nothing in 35 P.S. Sec. 780-104 (Controlled Substance, Drug, Device and Cosmetic Act Sec. 4) names Amanita muscaria, muscimol, or ibotenic acid (official text fetched 2026-10-07; psilocybin is listed, these are not). Pennsylvania's Department of Health can add substances by regulation (28 Pa. Code Sec. 25.72); none naming these compounds surfaced. No Pennsylvania 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. Controlled Substance, Drug, Device and Cosmetic Act, 1972 Act 64 (full text PDF) (Pennsylvania 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 Pennsylvania's 6 neighbors, Delaware, Maryland, New Jersey, New York, Ohio and West Virginia are legal, the same posture as Pennsylvania.

Open the interactive map · Every compound in Pennsylvania

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 Pennsylvania

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

35 P.S. § 780-104(1)(iii) (Schedule I hallucinogens — enumerated, 4-HO-MET absent); 35 P.S. § 780-102(b) ("designer drug")MIRROR
Instrument
statute
Source
https://codes.findlaw.com/pa/title-35-ps-health-and-safety/pa-st-sect-35-780-104/
Retrieved
2026-06-19
Fingerprint
a0f18075efdb9e19
**35 P.S. § 780-104(1)(iii) (Schedule I hallucinogens)** — "Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers … 4. Bufotenine. 5. Diethyltryptamine. 6. Dimethyltryptamine … 14. Psilocybin. 15. Psilocyn."
— 35 P.S. § 780-104(1)(iii), current as of Jan. 1, 2025, https://codes.findlaw.com/pa/title-35-ps-health-and-safety/pa-st-sect-35-780-104/ (MIRROR: FindLaw). 4-HO-MET does not appear; no tryptamine structural class exists in the section.
**35 P.S. § 780-102(b) ("Designer drug")** — "'Designer drug' means a substance other than a controlled substance that is intended for human consumption and that either has a chemical structure substantially similar to that of a controlled substance in Schedules I, II or III of this act or that produces an effect substantially similar to that of a controlled substance in Schedules I, II or III. 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 and arylcycloalkylamines. (Def. amended Feb. 11, 2000, P.L.9, No.3)"
— 35 P.S. § 780-102, https://www.legis.state.pa.us/WU01/LI/LI/US/HTM/1972/0/0064..HTM (OFFICIAL — Pennsylvania General Assembly, full text of Act 64 of 1972).
35 P.S. Sec. 780-102 (designer drug) with operative offense at 35 P.S. Sec. 780-113(a)(36) · Definition of designer drug; prohibited act (manufacture/distribute/possess a designer drug)OFFICIAL
Instrument
Definition of designer drug; prohibited act (manufacture/distribute/possess a designer drug)
Source
https://www.pa.gov/content/dam/copapwp-pagov/en/health/documents/topics/documents/laws-and-regulations/DDC_Act.pdf
Retrieved
2026-07-20
Fingerprint
5afcded3d3e31998
35 P.S. Sec. 780-102. "Designer drug" means a substance other than a controlled substance that is intended for human consumption and that either has a chemical structure substantially similar to that of a controlled substance in Schedules I, II or III of this act or that produces an effect substantially similar to that of a controlled substance in Schedules I, II or III. 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 and arylcyloalkylamines. (Def. added Dec. 22, 1989, P.L.769, No.107, amended February 11, 2000, P.L. 9, No. 3)

35 P.S. Sec. 780-113(a)(36). The knowing or intentional manufacture, distribution, possession with intent to distribute, or possession of a designer drug. Nothing in this section shall be construed to apply to a person who manufactures or distributes a substance 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 (21 U.S.C. Section 355). For purposes of this section, no new drug shall be introduced or delivered for introduction except upon approval of an application pursuant to section 505 of the Federal Food, Drug and Cosmetic Act. ((36) amended February 11, 2000, P.L. 9, No. 3)

Related

Amanita muscaria / Muscimol in neighboring states

Amanita muscaria / Muscimol in other states

Same framework in Pennsylvania

Other compounds in Pennsylvania

Cite this page

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