Mushroom gummies and chocolate in Las Vegas: what's in them and are they legal?

Are mushroom gummies legal in Las Vegas?

It depends on what's inside, and labels have proven unreliable. Gummies or chocolate containing psilocybin, psilocin or 4-AcO-DMT hold drugs on Nevada's Schedule I list, and psilocybin and psilocin are Schedule I federally too.¹² Amanita muscaria and its compounds aren't on either list, but on December 18, 2024, FDA said they "are not authorized for use as ingredients in conventional food."⁸

Sellers in unincorporated Clark County, outside the city limits of Las Vegas and the county's other cities, face a newer local rule as well. A hemp-store ordinance approved 6-0 on March 17, 2026, and in force from July 15, 2026 under its signed text, bars hemp retail stores from selling "any products that are intended to cause an intoxicating, narcotic, and/or hallucinogenic effect."⁴ It doesn't name mushrooms, but its text appears to reach hallucinogenic mushroom gummies sold in those stores; we found no report on how it's being enforced. The City of Las Vegas has drafted similar language for smoke and vape shops (text amendment 22-0555-TXT1 to the municipal code); we couldn't confirm whether it was adopted in that form.⁵

What's in mushroom gummies and chocolate bars?

Two investigations reported by federal health agencies tested these products. After the Diamond Shruumz outbreak in 2024, FDA tested 22 chocolate bars, 10 cones and 22 gummies, plus a raw ingredient reportedly used to make some of them.⁶

Six of the 22 gummies tested negative for every compound in the table, and FDA said that even for one flavor "there may be variations in what compounds are present."⁶ It also noted that "there is less research on the interactions between these compounds when ingested together."⁶ The descriptions in the table come from FDA, the Virginia report in CDC's MMWR and the National Institute on Drug Abuse.⁶⁹¹¹

The second investigation came from Virginia. From September 2023 to June 2024, five people there, including a 3-year-old, needed hospital evaluation after eating gummies labeled as Amanita muscaria. Investigators also bought six packages from five brands at gas stations and smoke shops; four held psilocybin or psilocin that wasn't on the label, and the tests found other unlabeled substances, including caffeine, ephedrine, DMT and kratom. The report, published in CDC's MMWR, warned that "package labels might not accurately represent the contents."⁹

The Diamond Shruumz outbreak and Nevada

KTNV reported on June 13, 2024, when 12 illnesses possibly linked to Diamond Shruumz chocolate bars, cones and gummies had been reported from eight states, that Nevada was one of them.¹⁰ By the final count FDA published (CDC's figures as of October 31, 2024), the outbreak involved 180 illnesses in 34 states, 73 hospitalizations and 3 potentially associated deaths. 2 of the 180 cases were in Nevada.⁶

The case count wasn't limited to one brand: of the 180 people, 118 reported eating a Diamond Shruumz product, 36 a mushroom chocolate bar of an unspecified brand and 26 a mushroom chocolate bar of another brand.⁶ People reported seizures, loss of consciousness, confusion, sleepiness, agitation, abnormal heart rates, high or low blood pressure, nausea and vomiting.⁶

FDA's October 18, 2024 list of stores where the recalled products were available includes 40 Nevada rows, 29 of them in Las Vegas.⁷ Every Diamond Shruumz product was recalled, but FDA warns the products have a long shelf life and asks people to check their homes and throw them away.⁶ Our guide to Las Vegas mushroom shops covers what local storefronts sell as mushroom products.

How Nevada law treats mushroom gummies

Nevada's Schedule I list covers "any material, compound, mixture or preparation" containing psilocybin or psilocin, so a gummy or chocolate bar that contains either one counts.¹ The same list names 4-AcO-DMT, also sold as psilacetin, so gummies marketed as a "legal" alternative with that compound aren't legal in Nevada.¹ Possession of a Schedule I drug is a felony under NRS 453.336, with penalties that rise by weight.³ Our Nevada psilocybin law page has the full penalty table. This is a description of the law, not legal advice; anyone facing a charge should talk to a Nevada criminal defense lawyer.

Amanita muscaria is treated differently. Neither muscimol nor ibotenic acid appears on the federal Schedule I list or in Nevada's Schedule I list.²¹ FDA's position is about food: it concluded that Amanita and its compounds "do not meet the safety standard for use in food," called them unapproved food additives and recommended that people avoid eating foods that contain them.⁸ Our Amanita muscaria guide explains why it isn't psilocybin.

A label doesn't settle the question. The Virginia testing found psilocybin and psilocin in gummies sold as Amanita, and a product that contains psilocin holds a Schedule I drug whatever its package says.⁹¹

Who is most at risk from mushroom gummies?

People with heart conditions face extra risk from psilocybin, which typically raises blood pressure and heart rate, according to the National Institute on Drug Abuse.¹¹ The Diamond Shruumz testing also found pregabalin, a prescription drug, and kava compounds, and FDA said less is known about how these compounds interact when eaten together.⁶ NIDA also notes that unsupervised use can lead people to do dangerous things, such as driving dangerously or walking in traffic, because they're less aware of their surroundings.¹¹

What to do if someone gets sick after eating a mushroom gummy

For anything less urgent, call Poison Control at 1-800-222-1222. Nevada calls go to the Nevada Poison Center, which is run by Rocky Mountain Poison and Drug Safety in Denver.¹² FDA asks people who become ill after eating Diamond Shruumz products to tell their healthcare provider or Poison Control which product they ate.⁶ For a frightening experience that isn't a medical emergency, the Fireside Project's peer support line takes calls and texts at 62-FIRESIDE (623-473-7433), every day from 11 a.m. to 11 p.m. Pacific.¹³ Our help page lists every local line.