Is Amanita muscaria legal in the United States? Under federal drug law, yes: neither the mushroom nor muscimol nor ibotenic acid is a controlled substance. But that's not the whole answer. Louisiana bans it for human consumption, the FDA said in December 2024 that it can't be used as a food ingredient, and several states have tried to restrict it. This article sets out what the law actually says, where online state-by-state lists go wrong, and how to check before you buy. It isn't legal advice.
Amanita muscaria, muscimol and ibotenic acid aren't on the federal Controlled Substances Act schedules. In December 2024, the FDA said they aren't authorised as ingredients in conventional food and don't meet the GRAS standard. As of February 2026, a policy analysis by the Legislative Analysis and Public Policy Association found Louisiana to be the only state that bans it, for material intended for human consumption. Bills in Utah and Texas in 2025 failed. Laws change, so check your own state before buying.
Our store doesn't publish a fixed list of where our products are legal, and this article doesn't change that. Our shipping and legal guidance explains why each customer has to confirm their own jurisdiction. For countries outside the US, see our legal status by country guide.
Is Amanita Muscaria a Controlled Substance Under Federal Law?
No. The federal Controlled Substances Act doesn't list Amanita muscaria, muscimol or ibotenic acid in any schedule. A March 2026 fact sheet from the Legislative Analysis and Public Policy Association (LAPPA), a nonprofit funded through the White House drug policy office's Model Acts Program, confirms that the DEA doesn't classify the mushroom or its constituents as controlled substances.
That puts fly agaric in a very different position from "magic mushrooms". Psilocybin and psilocin are Schedule I. Fly agaric contains neither, and it works through a different brain system. LAPPA's summary is blunt: under federal law, the mushroom and non-food products containing muscimol or ibotenic acid can be grown, bought and sold.
There's an important catch. Some products sold as "Amanita" contain things that are controlled. When Virginia investigators tested six bags of mushroom gummies from gas stations and smoke shops, four contained unlabelled psilocybin or psilocin (Michienzi 2024). A product being labelled Amanita says nothing about what's actually in it.
"Not controlled" also doesn't mean "unregulated". Food and drug law still applies. A 2023 analysis by the cannabis and psychedelics law firm Harris Sliwoski pointed out that even modest health claims, such as "promotes sleep", can turn a product into an unapproved new drug in the FDA's eyes. That's the route the FDA later took with food, and it's a good reason to read health claims on any Amanita product sceptically.
What Did the FDA Decide in December 2024?
On December 18, 2024, the FDA issued a letter to industry. It said Amanita muscaria, its extracts, and the constituents muscimol, ibotenic acid and muscarine aren't authorised for use in conventional food. The agency concluded they don't meet the "generally recognized as safe" (GRAS) standard and are unapproved food additives, so food containing them is adulterated.
The FDA cited serious adverse event reports and published literature on health risks. The background was a 2024 outbreak linked to Diamond Shruumz chocolate bars, cones and gummies. By October 31, 2024, 180 illnesses had been reported from 34 states, with 73 hospitalisations and three potentially associated deaths.
FDA testing of those products found muscimol in only 9 of 22 chocolate bars and 5 of 10 cones. Samples also contained acetylpsilocin, psilocin, the prescription drug pregabalin and kava compounds. So the outbreak wasn't a clean test of fly agaric at all. It was a test of unlabelled mixtures.
What the letter didn't do matters too. It covered conventional food. The FDA said it was separately evaluating dietary supplements, and as of LAPPA's 2026 fact sheet, it hadn't made a determination on them.
Which State Bans Amanita Muscaria?
Louisiana. Its 2005 law on hallucinogenic plants, Act 159, lists Amanita muscaria alongside about 40 plants, including Salvia divinorum and Psilocybe species. Under Louisiana Revised Statutes 40:989.1, it's unlawful to knowingly produce, manufacture, distribute or possess with intent to distribute material intended for human consumption that contains a listed plant.
LAPPA also cites a separate Louisiana provision, 40:989.5, that applies the same prohibition to products for human consumption containing muscimol or ibotenic acid. The law allows the listed plants to be grown or kept strictly for aesthetic, landscaping or decorative purposes. The key phrase throughout is "intended for human consumption".
If you live in Louisiana, the practical answer is simple: products sold for consumption aren't legal there. Our product pages already note that fly agaric is restricted in Louisiana.
Which Other States Have Tried to Restrict It?
At least two, and both attempts failed in 2025. LAPPA's fact sheet records them, and it's the clearest summary we've found.
| Jurisdiction | Measure | What it would do | Status (as of February 2026) |
|---|---|---|---|
| Federal | Controlled Substances Act | Not listed in any schedule | Not controlled |
| Federal | FDA letter, Dec 18, 2024 | Not authorised in conventional food; not GRAS | In effect for food; supplements under review |
| Louisiana | R.S. 40:989.1 and 40:989.5 | Bans material for human consumption containing the mushroom, muscimol or ibotenic acid | In force |
| Utah | H.B. 500 (2025) | Would have made Amanita muscaria Schedule III | Died on adjournment |
| Texas | S.B. 1868, H.B. 291, H.B. 227 (2025) | Would have added muscimol and ibotenic acid to penalty group 2 | All failed |
Two failed states in one year is a signal, not a footnote. Use is rising. A RAND survey estimated that about 3.5 million US adults used Amanita muscaria in 2025. A 2024 study found Google searches about it rose 114% from 2022 to 2023 and called for a public health response (Leas 2024). Legislatures notice numbers like that.
Why Do Online State-by-State Lists Disagree?
Because most are written by sellers, and few cite a statute. Search for this question and you'll find lists claiming bans or age limits in Alaska, Florida, Minnesota, Tennessee or Washington. We couldn't trace those claims to enacted state laws, and LAPPA's February 2026 review found no state restriction outside Louisiana.
Some confusion is understandable. Florida did pass a 2025 law, but it concerns psilocybin mushroom spores, not Amanita. Cities and counties can also have their own rules, and retailers sometimes set age limits as policy, which lists then report as law.
How do you tell a reliable list from a sales page? Look for a statute or bill number for every claim. If a list colours all 50 states without citing anything, treat it as marketing. Our country guide explains why we don't publish one.
What Should You Check Before Buying in the US?
Your own state's current law, first. State legislature websites let you search bill text for "Amanita", "muscimol" and "ibotenic acid". Do it close to your purchase date, because the picture can change in a single session.
Then check the product, not just the law:
- Prefer identifiable material. Dried caps can be inspected. Gummies and chocolates can't, and that's where testing found unlabelled psilocin and pregabalin.
- Be wary of "muscimol" edibles. They're conventional foods, which is exactly what the FDA letter covers.
- Read the age policy. We sell only to adults aged 18 and over.
- Know your own situation. Workplace rules, probation conditions and military regulations can restrict substances that are legal in general.
Legal isn't the same as safe. Our safety checklist and side effects guide cover the risks that apply whatever your state's law says.
Frequently Asked Questions
Is Amanita muscaria legal federally in the US?
It isn't a controlled substance. Neither the mushroom nor muscimol nor ibotenic acid is listed under the Controlled Substances Act. Separately, the FDA said in December 2024 that they aren't authorised as ingredients in conventional food, so food products containing them are considered adulterated.
Which states ban Amanita muscaria?
Louisiana is the only one, according to a February 2026 review by the Legislative Analysis and Public Policy Association. It bans material intended for human consumption containing the mushroom, muscimol or ibotenic acid. Utah and Texas bills in 2025 failed.
Is Amanita muscaria legal in Florida?
We found no Florida law restricting it. Florida's 2025 law targeted psilocybin mushroom spores, not Amanita. LAPPA's 2026 review listed no state restriction outside Louisiana. Check current Florida statutes before buying, since laws can change.
Did the FDA ban Amanita muscaria?
Not outright. Its December 2024 letter said fly agaric and its compounds can't be used in conventional food and don't meet the GRAS standard. It didn't schedule the mushroom or ban possession, and it said supplements were under separate evaluation.
Is muscimol the same as psilocybin legally?
No. Psilocybin and psilocin are Schedule I federally. Muscimol isn't scheduled. But some products sold as Amanita have tested positive for psilocin: four of six gummy bags tested in Virginia contained psilocybin or psilocin.
Related Articles
- Amanita Muscaria Legal Status by Country
- Amanita Muscaria Safety Checklist
- Amanita Muscaria vs Psilocybin Mushrooms
- Can You Eat Amanita Muscaria?
- How to Check Amanita Muscaria Quality
Sources
- Legislative Analysis and Public Policy Association. Amanita muscaria (fly agaric): fact sheet. March 2026. legislativeanalysis.org
- US Food and Drug Administration. FDA alerts industry and consumers about the use of Amanita muscaria or its constituents in food. December 18, 2024. fda.gov
- US Food and Drug Administration. Investigation of illnesses: Diamond Shruumz-brand chocolate bars, cones, and gummies (June 2024). Updated November 15, 2024. fda.gov
- Michienzi A, Hamlin J, Farah R, Bazydlo L. Notes from the field: Schedule I substances identified in nootropic gummies containing Amanita muscaria or other mushrooms — Charlottesville, Virginia, 2023-2024. MMWR Morb Mortal Wkly Rep. 2024;73(28):628-630. PubMed 39024197
- Leas EC, Satybaldiyeva N, Kepner W, et al. Need for a public health response to the unregulated sales of Amanita muscaria mushrooms. Am J Prev Med. 2024;67(3):458-463. PubMed 38864780
- Harris Sliwoski LLP. What's the deal with Amanita muscaria? Psychedelics Law Blog. April 10, 2023. harris-sliwoski.com
- Priest M, et al. U.S. psychedelic use and microdosing in 2025. RAND Corporation; January 21, 2026. rand.org