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Last checked October 31, 2026.
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Under the federal regulation 21 CFR 1308.11, psilocybin and psilocyn are listed as Schedule I hallucinogenic substances. Psilocybin is the active ingredient in magic mushrooms. California Senate Bill 58 of 2023, by Senator Scott Wiener, was written to remove criminal penalties for personal possession of limited amounts of psilocybin/psilocyn and some other naturally occurring psychedelics. Governor Newsom vetoed it in October 2023.
A federal regulation lists controlled substances in Schedule I[1], and a California bill from 2023 addressed a set of naturally occurring psychedelics[3]. That bill, Senate Bill 58 (SB 58), was authored by Senator Scott Wiener (D-San Francisco)[3].
What does federal law say about magic mushrooms?
Section 1308.11 of Title 21 sets out Schedule I, made up of the drugs and other substances listed in that section by whatever official name, common or usual name, chemical name or brand name they carry[1]. Each listed substance is assigned a DEA Controlled Substances Code Number[1].
Paragraph (d) of the section covers hallucinogenic substances[1]. It reaches any material, compound, mixture or preparation that contains any quantity of a listed substance, or its salts and isomers, unless specifically excepted or listed in another schedule[1]. Psilocybin and psilocyn both appear on that list[1].
| Point | What 21 CFR 1308.11 states |
|---|---|
| Schedule | Schedule I, the substances listed in section 1308.11[1] |
| Paragraph | (d) Hallucinogenic substances[1] |
| Psilocybin | Item 29, code number 7437[1] |
| Psilocyn | Item 30, code number 7438[1] |
| Scope | Any quantity in any material, compound, mixture or preparation, unless specifically excepted or listed in another schedule[1] |
What did California’s SB 58 propose for mushrooms?
In September 2023, Senator Wiener’s office described SB 58 as removing criminal penalties for the personal possession and use of a limited set of naturally occurring psychedelics[3]. The list includes psilocybin/psilocyn (mushrooms), Dimethyltryptamine (DMT) and mescaline[3]. The same description said the bill would apply only to possession of limited personal amounts of these plant- and mushroom-based substances[3].
According to that description, the bill would also have triggered an administrative process to craft policy proposals for assisted therapeutic use of psychedelics[3]. Amendments made in the Assembly would have established a working group under the California Health and Human Services (CalHHS) Agency, tasked with a recommended framework for future therapeutic use of the listed substances[3].
Senator Wiener said the bill followed three years of consultation with law enforcement groups and medical experts[3]. In June 2023, he also said facilitated use would be guided by best practices determined by the state[2].
How did SB 58 move through the Legislature?
- June 27, 2023: the Assembly Public Safety Committee passed SB 58 by a vote of 5-2, sending it next to the Assembly Health Committee[2].
- September 8, 2023: the Senate approved SB 58 by a vote of 21-14, and the bill headed to Governor Newsom’s desk for his final review[3].
- October 7, 2023: Governor Newsom announced that he had vetoed SB 58 (Controlled substances: decriminalization of certain hallucinogenic substances)[4].
Which local reform efforts did SB 58 build on?
Senator Wiener’s office said SB 58 followed similar, successful local efforts to decriminalize these substances in Washington, D.C., Oakland, San Francisco and Santa Cruz[2]. San Diego is not among the places named in that list[2]. The same statement also points to successful ballot measures in Oregon and Colorado[2].
Outside California, Denver decriminalized the possession of psychedelic plants and fungi in 2019[2]. A review panel under the Denver City Council reported on that change in 2021[2].
How do the federal and state rules on magic mushrooms fit together?
At the federal level, psilocybin sits in Schedule I under 21 CFR 1308.11, whatever name a preparation carries[1]. At the state level, SB 58 was the 2023 bill that addressed psilocybin/psilocyn alongside DMT and mescaline[3]. The Legislature sent it to the governor in September 2023[3], and Governor Newsom vetoed it in October 2023[4].
Other places are covered in the location guides, including Las Vegas.
Frequently asked questions
Did SB 58 cover peyote?
No: Senator Wiener’s office described the bill as covering mescaline, excluding peyote.
Was ibogaine part of SB 58?
In June 2023, ibogaine was listed among the bill’s naturally occurring psychedelics, which Senator Wiener said had been limited to five substances. The September 2023 description names psilocybin/psilocyn, DMT and mescaline and does not name ibogaine.
Did SB 58 set up psilocybin therapy in California?
No: the Assembly amendments would have set up a CalHHS working group to recommend a framework, with therapeutic use contingent upon future legislative action, and Governor Newsom vetoed the bill in October 2023.
What was SB 519?
SB 519 was Senator Wiener’s 2021 psychedelics decriminalization bill, which passed the Senate and two Assembly committees. It then stalled in the Assembly Appropriations Committee.
References
- 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 31, 2026.
- California State Senate (Senator Scott Wiener). Senator Wiener’s Bill to Decriminalize Psychedelics Passes Assembly Public Safety Committee (SB 58). https://sd11.senate.ca.gov/news/senator-wieners-bill-decriminalize-psychedelics-passes-assembly-public-safety-committee. Accessed October 31, 2026.
- California State Senate (Senator Scott Wiener). Senator Wiener’s Psychedelics Legislation Heads to Governor’s Desk (SB 58). https://sd11.senate.ca.gov/news/senator-wieners-psychedelics-legislation-heads-governors-desk. Accessed October 31, 2026.
- Office of the Governor of California. Governor Newsom Issues Legislative Update 10.7.23 (SB 58 veto). https://www.gov.ca.gov/2023/10/07/governor-newsom-issues-legislative-update-10-7-23/. Accessed October 31, 2026.
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