Current Psilocybin Regulations, Proposals & Rules in Minnesota

In Minnesota, psilocybin (“magic mushrooms”) is still illegal under state law as of early 2026, but there is active legislation to decriminalize personal use and create a regulated therapeutic program.

Big picture

• Statewide, psilocybin remains a Schedule I controlled substance; criminal statutes have not yet been amended to legalize it for the general public.​

• There is a strong push from the state Psychedelic Medicine Task Force and key legislators to:

  • Remove criminal and civil penalties for personal adult use/possession.

  • Allow non‑commercial home cultivation for adults 21+.

  • Stand up a regulated therapeutic access program. None of that is in force yet; it’s pending in bills like HF 2699 and HF 2906.

Current law vs. what’s proposed

• Current statewide law (early 2026):

  • Psilocybin is illegal to manufacture, distribute, or possess under Minnesota’s controlled substances laws and under federal law.​

  • No statewide decriminalization has passed; penalties still exist, though some drug policy reforms (e.g., paraphernalia, residues) have softened the broader drug landscape.​

• Minneapolis local policy:

  • In 2023, Minneapolis deprioritized enforcement against entheogenic plants and fungi, including psilocybin, making it the lowest law‑enforcement priority within city limits.​

  • This does not change state or federal illegality; it just affects local policing priorities.​

• HF 2699 (2025–26 session, not enacted yet):

  • Would allow adults 21+ to cultivate, possess, transport, gift, and personally use psilocybin mushrooms, with no criminal or civil penalties for non‑commercial activity.

  • Would ban commercial sales and keep penalties for distribution, use near schools, and impaired driving.

  • Would create a Psychedelic Medicine Board to set possession limits and oversee safe use policies.

  • HF 2699 would allow limited home cultivation of psilocybin for personal use by adults 21+, with strict location, security, and quantity conditions. Proposed dimensions that do not exceed 12 feet by 12 feet (144 square feet max).

• HF 2906 (therapeutic program bill, also pending):

  • Would establish a psilocybin therapeutic use program under the Department of Health or a similar agency.​

  • Includes protections for registered patients and facilitators, and contemplates regulated service centers similar to Oregon’s model.

Psychedelic Medicine Task Force & recommendations

• Minnesota’s Psychedelic Medicine Task Force (created by a 2024 omnibus bill) delivered a ~200‑page report in January 2025.

• Key recommendations:

  • Decriminalize personal‑use possession of psilocybin mushrooms.

  • Create a state‑regulated clinical program for psilocybin services.

  • Fund more research on psilocybin, MDMA, and LSD.

• These recommendations are advisory only but directly informed HF 2699 and related bills.

Practical risk notes (as of today)

• Outside Minneapolis, possession, cultivation, and distribution of psilocybin can still lead to charges under state law, and anywhere in Minnesota, it remains illegal federally.

• Even if HF 2699 passes as written, public use, under‑21 possession, use near schools, and any commercial distribution would remain prohibited, with petty‑misdemeanor or higher penalties.

• Employers and landlords could gain some protections for psilocybin users under HF 2699, but that’s contingent on the bill actually becoming law and wouldn’t override all workplace or federal rules.