Are Mushroom Gummies Legal? What Is in Them (2026)

Q: What is in mushroom gummies?

It depends on the product: psilocybin mushrooms, Amanita muscaria or muscimol, or blends that list other botanicals. Official testing has found unlisted ingredients in some products.

Depends on contents

As of November 12, 2026, the answer depends on what is in the gummy. Psilocybin mushroom products are illegal in 51 of 51 jurisdictions. Amanita muscaria and muscimol products are illegal in 1, gray area in 1, legal in 49. Official testing has found ingredients in some products that their labels did not list.

Source: the determination for each compound below, and the official findings cited on this page.

What is in mushroom gummies?

Products sold as mushroom gummies fall into a few groups, and the law follows the ingredient, not the word “mushroom” on the package. Each group below links to the full state-by-state record for that ingredient.

Psilocybin mushrooms
Mushrooms that contain psilocybin and psilocin, and products made from them. Illegal 51, restricted 0, gray area 0, legal 0 of 51; federal: Federally scheduled or prohibited
Amanita muscaria and muscimol
A different mushroom, whose active compounds are muscimol and ibotenic acid. Illegal 1, restricted 0, gray area 1, legal 49 of 51; federal: Federal gray area
4-AcO-DMT
A synthetic tryptamine (O-acetylpsilocin), not a mushroom. Illegal 18, restricted 0, gray area 21, legal 12 of 51; federal: Federal gray area
Blue lotus
A water lily (Nymphaea caerulea) used in some botanical blends. Illegal 1, restricted 0, gray area 0, legal 50 of 51; federal: Not federally scheduled
Kava
The root of Piper methysticum; its active compounds are kavalactones. Illegal 0, restricted 4, gray area 0, legal 47 of 51; federal: Not federally scheduled

Gummies made only with non-psychoactive culinary or "functional" mushrooms (lion's mane, reishi, cordyceps) are not tracked here: no state schedules them.

What official testing found

FDA, November 15, 2024: FDA testing of Diamond Shruumz chocolate bars, infused cones and gummies found acetylpsilocin (4-AcO-DMT), psilocin, pregabalin, kavalactones (desmethoxyyangonin, dihydrokavain and kavain) and muscimol across the samples, and ibotenic acid and muscimol in a raw ingredient. Psilocybin is not on FDA's list. FDA counted 180 illnesses in 34 states and 73 hospitalizations as of October 31, 2024. FDA: Investigation of Illnesses, Diamond Shruumz-Brand Chocolate Bars, Cones and Gummies
Peer-reviewed study, July 18, 2024: The University of Virginia Blue Ridge Poison Center and UVA Health toxicology laboratory tested six packages from five gummy brands bought at Charlottesville, Virginia gas stations and smoke shops in October 2023. Four of the six contained unlabeled psilocybin or psilocin; other products contained caffeine, ephedrine, N,N-dimethyltryptamine or mitragynine, and one had none of the compounds tested. The method could not detect muscimol, so its presence was undetermined. MMWR 73(28):628-630, University of Virginia Blue Ridge Poison Center (doi 10.15585/mmwr.mm7328a3)
Peer-reviewed study, September 11, 2025: Testing of 12 magic mushroom products (11 gummies, 1 chocolate) bought at Portland, Oregon shops found no psilocybin in any product, including one labeled 100 mg psilocybin per gummy. Three contained psilocin, two contained synthetic tryptamines, one each contained kavalactones, caffeine or cannabinoids, and four had no active ingredient detected. JAMA Network Open 8(9):e2531345 (doi 10.1001/jamanetworkopen.2025.31345)
State health agency, December 11, 2025: The California Department of Public Health warned consumers not to eat seven TRE House magic mushroom chocolate bars, gummies and syrup, stating that all contain 4-Acetoxy-DET and most also contain 4-Acetoxy-DMT, analogues of psilocin. California Department of Public Health, NR25-024
FDA, December 18, 2024: FDA states that Amanita muscaria, its extracts, and its constituents muscimol, ibotenic acid and muscarine are not authorized for use as ingredients in conventional food. This is a regulatory determination, not a lab finding. FDA: Use of Amanita Muscaria or its Constituents in Food