Are Mushrooms Legal in Texas? Psilocybin Law Explained
This shop is for adults 21 and older. You must be 21 or older to purchase.
Last checked October 29, 2026.
This is general information, not legal advice.
Under Texas Health and Safety Code Section 481.103, psilocybin and psilocin are Penalty Group 2 substances, and Section 481.116 makes knowingly or intentionally possessing them an offense except as authorized by Chapter 481. Penalties run from a state jail felony to a first-degree felony by weight. Federal rule 21 CFR 1308.11 also lists psilocybin in Schedule I.
Texas sets out its drug rules in the Texas Controlled Substances Act, Health and Safety Code Chapter 481[1]. Psilocybin and psilocin both appear in that chapter’s penalty groups[1]. The Texas Legislature has also passed House Bill 1802, which set up a state study that included psilocybin[3].
Are magic mushrooms legal in Texas?
Texas Health and Safety Code Section 481.103 places psilocin and psilocybin in Penalty Group 2[1]. That group covers any quantity of the listed hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted[1]. Section 481.116 states that, except as authorized by Chapter 481, a person commits an offense by knowingly or intentionally possessing a substance listed in Penalty Group 2[1].
The same section also excepts a substance the person obtained directly from or under a valid prescription or order of a practitioner acting in the course of professional practice[1]. Penalty Group 2 also lists other substances, such as the compound known as 2C-B[1].
What does current Texas state law say about possession penalties?
Section 481.116 sets the level of the offense by the amount of the controlled substance possessed[1].
| Offense level | Amount possessed |
|---|---|
| State jail felony | Less than one gram[1] |
| Third-degree felony | One gram or more but less than four grams[1] |
| Second-degree felony | Four grams or more but less than 400 grams[1] |
| First-degree felony | 400 grams or more[1] |
At 400 grams or more, the statute makes the offense punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years[1]. That top tier also carries a fine not to exceed $50,000[1].
Has Texas passed any mushroom reform?
H.B. No. 1802 of the 87th Legislature is an act relating to a study on the use of alternative therapies for treating post-traumatic stress disorder (PTSD)[3]. It directed the Health and Human Services Commission, with Baylor College of Medicine and a veterans hospital or medical center, to conduct that study in veterans[3]. The therapies it names are 3,4-methylenedioxymethamphetamine (MDMA), psilocybin and ketamine[3].
The bill required a clinical trial on using psilocybin in treatment-resistant PTSD in veterans, along with a review of current literature[3]. It also called for quarterly progress reports to the governor, the lieutenant governor, the speaker of the house and each member of the legislature[3]. Under Section 2, the Agency had to carry out the Act only if the legislature appropriated money for it, though the commission could use other available appropriations[3].
The House passed H.B. 1802 on May 6, 2021, by 134 to 12, and the Senate passed it with amendments on May 22, 2021, by 25 to 5[3].
Which legal mushroom products are on the shelf?
The shop brings together mushroom edibles and vapes from three brands, with gummies in pouches of 2 to 20, Wunder Maxx tablets and disposable vapes from 2.2g to 3.5g[4]. Exodus makes the Mushy Vapes and Mushy Vapes XL disposables, in 2.2g or 3.5g sizes[4]. Wunder Maxx tablets come two to a pack[4].
Each page among the mushroom gummies lists the count, flavors and pack sizes of that product[5]. Wunder makes gummies with kava, blue lotus or kanna extract in 2-count or 10-count pouches: Kava (Grape), Blue Lotus (Pink Lemonade) and Kanna (Pineapple)[5]. One collaboration gummy comes 14 per pouch with a five-mushroom blend[5].
Every brand on the shelf states that its products are made without psilocybin[4].
Shipping to Texas: what does the policy say?
Orders ship within the United States, with no international shipping, according to the shipping policy[6]. Packages travel by USPS or UPS, and tracking is emailed when an order ships[6]. Dispatch runs Monday to Friday, excluding federal holidays, with an estimated 2 to 5 business days in transit after processing[6].
Availability and shipping restrictions vary by product and destination, so check your local laws before ordering[4].
Frequently asked questions
Is psilocybin a federal controlled substance as well?
Yes: 21 CFR 1308.11 lists psilocybin and psilocyn among the hallucinogenic substances in Schedule I. That listing covers any material, compound, mixture or preparation that contains any quantity of them, unless specifically excepted or listed in another schedule.
How does Texas law measure the amount possessed?
Section 481.116 measures each tier by aggregate weight, including adulterants or dilutants.
When was the H.B. 1802 study report due?
H.B. 1802 required a written report with the study’s results and any recommendations not later than December 1, 2024. The Act itself expires September 1, 2025.
Are the lab reports matched to current inventory?
No: the manufacturer reports apply to the sample and batch named in each document and have not been matched to current inventory batches. Each product page links the manufacturer’s certificate of analysis (COA) for every flavor listed.
Who can order from the shop?
Only adults 21 and older can browse and shop.
References
- Texas Legislature. Texas Health and Safety Code, Chapter 481: Texas Controlled Substances Act. https://tcss.legis.texas.gov/resources/HS/htm/HS.481.htm. 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.
- Texas Legislature. H.B. No. 1802, 87th Legislature (enrolled). https://capitol.texas.gov/tlodocs/87R/billtext/html/HB01802F.htm. Accessed October 29, 2026.
- Buy Mushrooms Here. Shop. https://buymushroomshere.com/shop/. Accessed October 29, 2026.
- Buy Mushrooms Here. Mushroom gummies. https://buymushroomshere.com/product-category/gummies/. Accessed October 29, 2026.
- Buy Mushrooms Here. Shipping Policy. https://buymushroomshere.com/shipping-policy/. Accessed October 29, 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.