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Last checked October 29, 2026.
This is general information, not legal advice.
Nevada’s controlled substances regulation, NAC 453.510, lists psilocybin and psilocin in Schedule I. The federal Schedule I regulation, 21 CFR 1308.11, also lists psilocybin and psilocyn among its hallucinogenic substances. In 2023, Nevada Senate Bill 242 required a state working group to study the therapeutic use of entheogens, a term the bill defines to include psilocybin and psilocin.
Nevada’s rules on psilocybin start with the schedules of controlled substances in Nevada Administrative Code chapter 453[1]. The federal schedules in Title 21 of the Code of Federal Regulations name the same compounds[2]. A 2023 Nevada bill then set up a study of the subject[3].
How does Nevada law classify magic mushrooms?
NAC 453.510 is the Schedule I section within the schedules of controlled substances in Nevada Administrative Code chapter 453[1]. It states that Schedule I consists of the drugs and other substances listed in that section, by whatever official, common, usual, chemical or trade name designated[1].
The list in NAC 453.510 names “Psilocybin” and “Psilocin” as separate entries, placed between N-methyl-3-piperidyl benzilate and Salvinorin A[1]. The section cites Nevada Revised Statutes 453.146, 453.2182 and 639.070 as its authority[1].
What does federal law say about mushrooms?
The federal regulation 21 CFR 1308.11 states that Schedule I consists of the drugs and other substances listed in it, by whatever official name, common or usual name, chemical name, or brand name designated[2]. Each listed substance is assigned a Controlled Substances Code Number set forth opposite it[2].
Paragraph (d) of 21 CFR 1308.11 covers hallucinogenic substances[2]. It reaches any material, compound, mixture or preparation that contains any quantity of a listed substance, or its salts, isomers and salts of isomers, unless specifically excepted or unless listed in another schedule[2]. Psilocybin appears there as item 29 and psilocyn as item 30[2].
The two lists spell the second compound differently: “Psilocin” in NAC 453.510 and “Psilocyn” in 21 CFR 1308.11[1][2].
What did Nevada’s 2023 mushroom bill do?
Senate Bill No. 242 became Chapter 377 of the 2023 Statutes of Nevada and was approved on June 12, 2023[3]. It requires the Department of Health and Human Services to establish the Psychedelic Medicines Working Group to study certain issues relating to the therapeutic use of entheogens during the 2023-2024 interim[3].
The bill defines “entheogen” to include, without limitation, psilocybin and psilocin[3]. It also prescribes the membership and duties of the Working Group[3]. The department must submit a written report on the group’s work for transmittal to the 83rd Session of the Legislature[3]. Sections 1 to 3 of the bill are marked “Deleted by amendment” in the enacted text[3].
| Key fact | Details |
|---|---|
| State regulation | NAC 453.510, Schedule I, lists psilocybin and psilocin[1] |
| Federal regulation | 21 CFR 1308.11(d), hallucinogenic substances, lists psilocybin and psilocyn[2] |
| Study bill | SB 242 (2023), Chapter 377, approved June 12, 2023[3] |
| Study group | Psychedelic Medicines Working Group, 2023-2024 interim[3] |
| Report due | For transmittal to the 83rd Session of the Legislature[3] |
What are legal mushroom products?
The mushroom gummies include a pouch of twenty gummies offered in Orange or Pink Lemonade[4]. Its label names Lion’s Mane, Cordyceps and Reishi extracts alongside a Desert Stardust blend[4]. The maker names those ingredients but does not publish the amount of each extract or of the Desert Stardust blend per gummy[4].
Its maker states that the blend contains no psilocybin[4].
Each flavor has its own manufacturer lab report, listed with a batch number, a sample number and a reported date of 2026-09-04[4]. These manufacturer reports, also gathered on the lab reports page, are not yet matched to the batches in stock[4].
Other gummies shown on the same page include Wunder Mushroom Gummies + Blue Lotus and Wunder Mushroom Gummies + Kava[4]. Sales are limited to adults 21 and over[4].
Frequently asked questions
Who sponsored Nevada Senate Bill 242?
Senate Bill No. 242 lists Senators Nguyen, Donate, Flores, Hansen, D. Harris, Ohrenschall and Stone. Its joint sponsors are Assemblymen Carter and Marzola.
Who sits on Nevada’s Psychedelic Medicines Working Group?
Under SB 242, the Working Group includes the Director of the Department of Health and Human Services, the Attorney General, the Director of the Department of Veterans Services and the President of the State Board of Pharmacy, or their designees.
What must the Working Group’s report contain?
SB 242 requires the Department of Health and Human Services to submit a written report describing the activities, findings, conclusions and recommendations of the Working Group.
What are the federal code numbers for psilocybin and psilocyn?
In 21 CFR 1308.11, psilocybin carries Controlled Substances Code Number 7437 and psilocyn carries 7438.
Does Nevada’s Schedule I list other plant-derived compounds near psilocybin?
Yes: NAC 453.510 lists Salvinorin A right after psilocin, with Divinorin A among its trade or other names.
References
- Nevada Legislature. Nevada Administrative Code, Chapter 453: Controlled Substances. https://www.leg.state.nv.us/NAC/NAC-453.html. Accessed October 29, 2026.
- Office of the Federal Register (eCFR). 21 CFR 1308.11: Schedule I. https://www.ecfr.gov/current/title-21/chapter-II/part-1308/subject-group-ECFRf62f8e189108c4d/section-1308.11. Accessed October 29, 2026.
- Nevada Legislature. 2023 Statutes of Nevada, Chapter 377 (Senate Bill No. 242). https://www.leg.state.nv.us/Statutes/82nd2023/Stats202318.html. Accessed October 29, 2026.
- Cap & Stem Supply. Road Trip Microdosed Blend Mushroom Gummies. https://capandstemsupply.com/product/road-trip-microdosed-blend-mushroom-gummies/. Accessed October 29, 2026.
Site information is not medical advice. Read the manufacturer’s ingredients, directions, and warnings.