Are Mushrooms Legal in Minnesota? Law, Task Force, Bills

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Last checked October 30, 2026.
This is general information, not legal advice. Check your state and local laws before ordering.
Minnesota Statutes section 152.02 lists psilocybin and psilocyn as Schedule I hallucinogens. Federal rule 21 CFR 1308.11 also places both in Schedule I. A 2026 law requires the Office of Cannabis Management to publish a report by January 15, 2027, on administering a psilocybin therapeutic use program for adults 21 and older with qualifying medical conditions.
Minnesota’s controlled substances law names psilocybin and psilocyn among the hallucinogens in Schedule I[1]. The Minnesota Legislature has also set up a Psychedelic Medicine Task Force, and a 2026 law calls for a state report on a psilocybin therapeutic use program[4][3].
What does Minnesota state law say about magic mushrooms?
Minnesota Statutes section 152.02, subdivision 2, sets out Schedule I of the state’s controlled substances[1]. Its paragraph (d), headed Hallucinogens, covers any material, compound, mixture or preparation that contains any quantity of the listed substances, their analogs, salts, isomers and salts of isomers[1]. Psilocybin is item 21 on that list, and psilocyn is item 22[1]. The listing applies unless a substance is specifically excepted or listed in another schedule[1].
The same paragraph also names substances such as methylenedioxymethamphetamine and tenocyclidine (TPCP or TCP)[1].
How does federal law list magic mushrooms?
The federal regulation 21 CFR 1308.11 sets out Schedule I, and its paragraph (d) covers hallucinogenic substances[2]. Psilocybin appears as item 29, with code number 7437, and psilocyn as item 30, with code number 7438[2]. Like the Minnesota list, the federal paragraph reaches any material, compound, mixture or preparation that contains any quantity of a listed substance, unless specifically excepted or listed in another schedule[1][2].
| Item | Detail |
|---|---|
| State statute | Minnesota Statutes 152.02, subdivision 2, paragraph (d)[1] |
| State listing | Schedule I hallucinogens: psilocybin (item 21) and psilocyn (item 22)[1] |
| Federal regulation | 21 CFR 1308.11(d), Schedule I: psilocybin (7437) and psilocyn (7438)[2] |
| Task force | Established in the 2023 legislative session[4] |
| Required report | Due from the Office of Cannabis Management by January 15, 2027[3] |
| House bill | HF 2906, re-referred to Commerce Finance and Policy on March 16, 2026[5] |
What reform steps has Minnesota taken on magic mushrooms?
The Psychedelic Medicine Task Force
In the 2023 legislative session, the Minnesota Legislature established a Psychedelic Medicine Task Force (PMTF) to advise it on the legal, medical and policy issues associated with the potential legalization of psychedelic medicine in the state[4]. The Minnesota Department of Health (MDH) is required by law to provide meeting space and administrative services for the task force[4]. All materials the PMTF produces, including meeting notes, recommendations and reports, are products of the task force and not of MDH[4]. The task force has submitted its findings and recommendations to the legislature in reports dated February 2024 and January 2025[4].
The 2026 report on a therapeutic use program
Laws of Minnesota 2026, chapter 123 (S.F. No. 4401), section 116, requires the Office of Cannabis Management to publish a report with recommendations by January 15, 2027[3]. The report covers administering a psilocybin therapeutic use program in which individuals 21 years of age and older who have qualifying medical conditions may access and use psilocybin under the supervision of a facilitator at a treatment facility[3]. Informed by the task force’s report published January 1, 2025, it must assess feasibility, describe methods for determining and updating a list of qualifying medical conditions, and recommend how to develop and run a program[3].
In developing the report, the office may consult with other federal, state or local agencies[3]. Section 116 also directs the office to regularly analyze the availability of federal programs that could fund state efforts to establish such a program[3].
Which mushroom bills has the Minnesota Legislature considered?
HF 2906, a House bill of the 94th Legislature (2025-2026), carries the description “psilocybin therapeutic use program established”[5]. Its description also lists protections for registered patients, designated cultivators, registered facilitators and health care practitioners, along with rulemaking, civil actions, fees, an advisory committee, criminal penalties and an appropriation[5].
The bill was introduced on March 27, 2025, and referred to the Health Finance and Policy committee[5]. On March 16, 2026, a committee report moved to adopt it as amended and re-refer it to Commerce Finance and Policy[5]. The latest House action listed is dated April 22, 2026, when Rymer was added as an author[5].
What legal mushroom gummies and other products are on the shelf?
The shop lists three formats: gummies in pouches of 2 to 20, Wunder Maxx tablets and disposable vapes[6]. Each brand on the shop page states that its products are made without psilocybin[6].
The mushroom gummies category lists Wunder gummies in 2-count or 10-count pouches, including editions made with kava, blue lotus or kanna extract[7]. Wunder’s kava edition comes in Grape, its blue lotus edition in Pink Lemonade and its kanna edition in Pineapple[7].
Exodus makes Mushy Vapes and Mushy Vapes XL, disposable vapes in 2.2g or 3.5g sizes with 18 flavors across the two lines[6]. Wunder Maxx tablets come two to a pack[6]. Each product page links the manufacturer’s certificate of analysis (COA) for every flavor listed[6].
Shipping to Minnesota: what does the policy say?
Orders ship within the United States, with no international shipping, according to the shipping policy[8]. Packages travel by USPS or UPS, and tracking is emailed when an order ships[8]. Dispatch runs Monday to Friday, excluding federal holidays, with an estimated 2 to 5 business days in transit after processing[8]. Arrival dates are not guaranteed[8].
Frequently asked questions
What is the Senate companion to HF 2906?
The House status page for HF 2906 lists SF3971 as its Senate companion. The House bill lists ten authors, with West added as second author on February 25, 2026.
Who receives the Office of Cannabis Management’s psilocybin program report?
The office must submit the report to the chairs, co-chairs and ranking members of the legislative committees and divisions with jurisdiction over cannabis policy, health, and veterans affairs by January 15, 2027.
Does the Minnesota Department of Health speak for the Psychedelic Medicine Task Force?
No: MDH says that research summaries its staff may prepare at the task force’s request should not be construed as the position of MDH or the State on the potential legalization of psychedelic medicine. Current membership is listed with the Minnesota Secretary of State, and MDH gives [email protected] as the contact for more information.
Do the manufacturer lab reports match the products in stock?
The reports are supplied by the manufacturer and apply to the sample and batch named in each document. They have not been matched to current inventory batches, according to the shop page.
References
- Minnesota Office of the Revisor of Statutes. Minnesota Statutes 152.02: Schedules of controlled substances (2026). https://www.revisor.mn.gov/statutes/cite/152.02. Accessed October 30, 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 30, 2026.
- Minnesota Office of the Revisor of Statutes. Laws of Minnesota 2026, chapter 123 (S.F. No. 4401), section 116: Psilocybin therapeutic use program report. https://www.revisor.mn.gov/laws/2026/0/Session+Law/Chapter/123/. Accessed October 30, 2026.
- Minnesota Department of Health. Psychedelic Medicine Task Force. https://www.health.state.mn.us/people/psychmed/index.html. Accessed October 30, 2026.
- Minnesota Office of the Revisor of Statutes. HF 2906 (94th Legislature, 2025-2026): psilocybin therapeutic use program (status in the House). https://www.revisor.mn.gov/bills/94/2025/0/HF/2906/?body=house. Accessed October 30, 2026.
- Buy Mushrooms Here. Shop. https://buymushroomshere.com/shop/. Accessed October 30, 2026.
- Buy Mushrooms Here. Mushroom gummies. https://buymushroomshere.com/product-category/gummies/. Accessed October 30, 2026.
- Buy Mushrooms Here. Shipping Policy. https://buymushroomshere.com/shipping-policy/. Accessed October 30, 2026.
These products have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You must be 21 or older to purchase. Keep out of reach of children. Consult a physician before use if you are pregnant, nursing, have a medical condition, or take medications.