Is psilocybin legal in Nevada? Penalties, bills and what's changed in 2026
No. Psilocybin is a Schedule I drug in Nevada, possession of any amount is a felony, and the 2023 and 2025 attempts to change that ended as a study group, a resolution to Congress and a bill that died in committee. This tracker sets out the penalties as the statutes write them, the bill history with votes, and a dated changelog.
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On this page
- Is psilocybin legal in Nevada?
- What are the penalties for possessing psilocybin in Nevada?
- What about selling, sharing or trafficking?
- Does the whole mushroom count toward the weight?
- Driving, and the Good Samaritan law
- What has the Legislature done about psilocybin?
- What would an FDA approval change?
- Local rules and enforcement in Las Vegas
- Changelog: dated changes in the official record
- Questions people ask
- Sources
Is psilocybin legal in Nevada?
No. Nevada's Schedule I list names "Psilocybin" and "Psilocin" and covers any material that contains any quantity of them, which takes in the mushrooms1. Possessing any amount is a felony under NRS 453.3362, and no bill passed in 2023 or 2025 changed that.
The penalties below summarize the statutes as published on November 2, 2026. This isn't legal advice; anyone charged should talk to a Nevada criminal defense lawyer.
What are the penalties for possessing psilocybin in Nevada?
NRS 453.336 sorts Schedule I possession by weight and record2; NRS 193.130 sets the prison ranges and fines for category C, D and E felonies, and the category B tiers set their own3.
| Amount and record | Charge | Possible sentence |
|---|---|---|
| Under 14 grams, first or second offense | Possession, category E felony | 1 to 4 years and a fine of up to $5,000; the court must defer judgment if the person consents (see below) |
| Under 14 grams, third or later offense, or two or more prior drug convictions | Possession, category D felony | 1 to 4 years and a fine of up to $20,000 |
| 14 to under 28 grams | Low-level possession, category C felony | 1 to 5 years and a fine of up to $10,000 |
| 28 to under 42 grams | Mid-level possession, category B felony | 1 to 10 years and a fine of up to $50,000 |
| 42 to under 100 grams | High-level possession, category B felony | 2 to 15 years and a fine of up to $50,000 |
| 100 grams or more | Trafficking (NRS 453.3385) | See the next section |
Using psilocybin or being under its influence without a prescription is a separate misdemeanor (NRS 453.411)2.
How the deferral for small amounts works
For a first or second offense under 14 grams, NRS 453.336 says that "in accordance with NRS 176.211, the court shall defer judgment upon the consent of the person"2. That deferral comes after a plea of guilty, guilty but mentally ill or no contest, and the court sets conditions such as probation, community service or a specialty court program4.
If the person meets them, the case is dismissed. The dismissal "is not a conviction" for employment, civil rights or licensing purposes, but it counts as one "for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail," and the records are sealed unless the prosecutor or the Division of Parole and Probation shows good cause. People with certain prior convictions, including violent or sexual offenses and crimes against children, can't get a deferral4.
Separately, NRS 453.3363 lets a court place a person with no prior drug conviction on probation without entering a judgment, on condition that they complete an education or treatment program. That kind of dismissal "may occur only once with respect to any person"2.
What about selling, sharing or trafficking?
Sharing counts: NRS 453.321 covers anyone who imports, transports, sells, supplies, gives away or administers a controlled substance. Trafficking, NRS 453.3385, reaches anyone who sells, manufactures, delivers, "brings into this State" or possesses the threshold amount of a Schedule I drug "or any mixture which contains" it5.
| Offense | Charge | Possible sentence |
|---|---|---|
| Sale, transport or giving away (NRS 453.321), first offense | Category C felony | 1 to 5 years and a fine of up to $10,000 |
| Sale, transport or giving away, second offense | Category B felony | 2 to 10 years and a fine of up to $20,000; no probation unless mitigating circumstances exist |
| Sale, transport or giving away, third or later offense | Category B felony | 3 to 15 years and a fine of up to $20,000 per offense; no probation unless mitigating circumstances exist |
| Possession for sale (NRS 453.337), first offense | Category D felony | 1 to 4 years and a fine of up to $5,000 |
| Possession for sale, second offense | Category C felony | 1 to 5 years and a fine of up to $10,000; no probation unless mitigating circumstances exist |
| Possession for sale, third or later offense | Category B felony | 3 to 15 years and a fine of up to $20,000 per offense; no probation unless mitigating circumstances exist |
| Trafficking, 100 to under 400 grams (NRS 453.3385) | Low-level trafficking, category B felony | 2 to 20 years and a fine of up to $100,000 |
| Trafficking, 400 grams or more | High-level trafficking, category A felony | Life with parole eligibility after 10 years, or a definite 25 years with parole eligibility after 10; a fine of up to $500,000 |
Three rules can add to this: for trafficking, a seller's claimed weight controls if it's higher than the real weight (NRS 453.3383); selling near a school, park or certain other places adds an equal, consecutive prison term (NRS 453.3345); and a supplier whose drug proximately causes a death is guilty of murder (NRS 453.333)5.
Does the whole mushroom count toward the weight?
Nevada's statutes don't answer this for mushrooms, and we found no Nevada appellate decision that settles it. Here is what the text says:
- Trafficking, NRS 453.3385, covers a Schedule I substance "or any mixture which contains any such controlled substance"5.
- Possession, NRS 453.336, sets its tiers by "the quantity possessed" and doesn't use the word "mixture"2.
- The Schedule I regulation covers "any material, compound, mixture or preparation which contains any quantity of" the listed hallucinogens. The word "mushroom" appears in neither the regulation nor NRS chapter 45312.
- The state's Psychedelic Medicines Working Group noted in 2024 that there are "no specific measurement conversions for individual psychedelics like psilocybin or LSD in the Nevada state statutes"12.
- SB 242 as introduced in 2023 measured its proposed threshold in "fungi that produces psilocybin or psilocin," not psilocybin content; that language was removed before either house voted on passing the bill1110.
A mushroom weighs far more than the psilocybin in it: in a 2024 lab study of five Psilocybe cubensis strains, psilocybin and psilocin together made up between 0.879% and 1.36% of the dried mushrooms' weight20. So the answer can move a case across tiers. Anyone charged should ask a Nevada criminal defense lawyer.
Driving, and the Good Samaritan law
NRS 484C.110 makes it unlawful to drive or be in actual physical control of a vehicle while "under the influence of a controlled substance," on a highway or "on premises to which the public has access." Psilocybin and psilocin aren't on the statute's list of drugs with fixed blood or urine limits, so a charge involving them falls under that "under the influence" wording6.
A first offense within seven years is a misdemeanor: 2 days to 6 months in jail or residential confinement, or 48 to 96 hours of community service, plus a $400 to $1,000 fine and a course, unless the sentence is reduced for treatment. A third within seven years is a category B felony, 1 to 6 years6.
Nevada's Good Samaritan law, NRS 453C.150, says a person who, in good faith, "seeks medical assistance for a person who is experiencing a drug or alcohol overdose or other medical emergency," or for themselves, or who is the subject of such a request, "may not be arrested, charged, prosecuted or convicted" for drug possession, use or paraphernalia "if the evidence to support the arrest, charge, prosecution, conviction, seizure or penalty was obtained as a result of the person seeking medical assistance." It also shields against property forfeiture and parole or probation violations on that evidence, but not possession "for the purpose of sale" or trafficking7.
Seeking assistance includes calling 911, police, a poison control center or a medical facility, giving care while help is on the way, and taking the person to a medical facility and notifying the authorities. For drug convictions the law doesn't cover, the court must weigh good-faith help-seeking at sentencing7. Our help page lists every emergency and crisis number.
What has the Legislature done about psilocybin?
2019: AB 236 sets today's penalty tiers
AB 236, a broad criminal justice bill approved on June 14, 2019, sorted drug possession into weight-based tiers and created low-level and high-level trafficking. Most of it took effect on July 1, 20209.
2023: SB 242, from decriminalization to a study group
As introduced on March 9, 2023, SB 242 would have decriminalized conduct by adults 18 and over involving "4 ounces or less of fungi that produces psilocybin or psilocin" and allowed state-approved psilocybin and MDMA research11. Law enforcement groups opposed the decriminalization parts over public safety concerns, the news site thenevadaindependent.com reported18. Senate Amendment No. 354, adopted April 21, replaced all of that with a Psychedelic Medicines Working Group1018.
The Senate passed it 16-4, with 1 excused, on May 29; all four no votes were Republicans. The Assembly passed it 40-0, with 2 excused, on June 4, and the Governor approved it on June 12, 202310. Both votes were on the study-group version.
2024: the Working Group's recommendations
The Working Group's report, approved on December 13, 2024 with one member present not supporting it, went to the Legislature on December 30. It said legislation "is needed during the 2025 legislative session to create and implement a regulated access program for psychedelic-assisted therapy as a pilot or full program," and that legislation "may be needed" to reschedule psilocybin "if approved by the FDA" and to "examine NRS statutes to reduce penalties for entheogenic plants and fungi"12.
Its penalty appendix doesn't match the statutes (it lists 14 to 28 grams as category D; NRS 453.336 says category C), so the tables here follow the statutes122.
2025: AB 378 dies; SJR 10 passes
AB 378, introduced March 10, 2025 by Assemblymember Max Carter and others, would have created a state-run Alternative Therapy Pilot Program offering certain patients supervised treatment with psilocybin, psilocin, DMT, ibogaine or mescaline. After an April 16 amendment it went to the Ways and Means Committee, where the record ends on June 3, 2025: "No further action taken." Neither house took a final passage vote13.
SJR 10, introduced February 26, 2025, urges Congress and federal agencies to fund research, streamline research approvals, allow Right to Try access, reschedule psilocybin, psilocin, DMT, ibogaine, mescaline and MDMA, and protect people following state and local law. The Senate adopted it 18-2, with 1 absent, on April 18 and the Assembly 36-6 on May 22, after amending it; the Senate agreed to the amendment on May 29, and it was filed with the Secretary of State on June 1, 202514. A resolution changes no Nevada law.
2027: one request on file
The 84th Session begins February 1, 2027. On July 31, 2026, Assemblymember Carter requested a bill titled "Establishes provisions relating to breakthrough therapies"; no text exists yet, so it isn't known whether it concerns psilocybin15.
What would an FDA approval change?
Psilocybin is also Schedule I under federal law19. Under NRS 453.2182, when a substance is rescheduled federally, Nevada's Board of Pharmacy "shall similarly treat the substance" 60 days after the final order is published in the Federal Register, unless the Board or an interested party objects within that period8. That's the route by which a psilocybin medicine that the DEA reschedules after FDA approval would be rescheduled in Nevada. Our page on when psilocybin could be legal in Nevada follows the FDA and DEA steps.
Local rules and enforcement in Las Vegas
Drug penalties are set in state law. NRS 453.3361 lets a local government adopt "the penalties set forth for misdemeanors in NRS 453.336" for similar offenses, and the only misdemeanor in NRS 453.336 is for 1 ounce or less of marijuana82. We found no Las Vegas, Henderson, North Las Vegas or Clark County measure to decriminalize or deprioritize psilocybin.
The recent local rule closest to this subject is Clark County's. On March 17, 2026, the County Commission voted 6-0 to pass Ordinance No. 5354, which regulates hemp stores in unincorporated Clark County and took effect on July 15, 2026. Its section 7.220.310(c) says a hemp retail store "shall not produce, sell, or offer for sale" any products "intended to cause an intoxicating, narcotic, and/or hallucinogenic effect." It doesn't name mushrooms or Amanita16. Our guide to what Las Vegas "mushroom" shops sell covers those products.
Public enforcement records are thin. The most recent Las Vegas case we found in news reports dates to September 2023, when two men were arrested after a DEA task force investigation; detectives reported finding mushrooms weighing 48,330 grams in a warehouse, and the charge was trafficking more than 400 grams, KLAS-TV reported. We found no report of the outcome17.
The Working Group report records Las Vegas police concerns about "impaired judgment, dangerous behavior, or accidents associated with psychedelic use" and notes that "arrest data is not broken down by drug type"12. A lobbyist who backed the final SB 242 told thenevadaindependent.com in 2023 that law enforcement had said people weren't being arrested or prosecuted for psychedelics; that's his account, not official data18.
Changelog: dated changes in the official record
Each entry links to the official record. Newest first; the data downloads are below the list.
-
Bill draft requested on breakthrough therapies for 2027
Assemblymember Max Carter, a primary sponsor of AB 378, requested a 2027 bill titled "Establishes provisions relating to breakthrough therapies." No text exists yet, so whether it concerns psilocybin is not known.
Outcome: Requested for the 84th Session, which begins February 1, 2027
-
Clark County bars hemp stores from selling hallucinogenic products
The County Commission passed Ordinance No. 5354, hemp retail rules for unincorporated Clark County, which took effect on July 15, 2026. Section 7.220.310(c) bars hemp retail stores from selling products intended to cause an intoxicating, narcotic or hallucinogenic effect. It does not name mushrooms.
Outcome: Passed by the Board of County Commissioners; in force from July 15, 2026
Votes: 6-0 (March 17, 2026)
-
AB 378 dies in committee
The session ended with no further action on AB 378 in Ways and Means. No final passage vote was taken in either house.
Outcome: Did not become law
-
SJR 10 filed with the Secretary of State
The enrolled resolution was delivered to the Secretary of State as File No. 28.
Outcome: Enrolled; File No. 28
-
Legislature adopts SJR 10
The Senate concurred in the Assembly's amendment, completing passage of the resolution. It is non-binding and changes no Nevada law.
Outcome: Adopted; effective May 29, 2025
Votes: Senate 18-2, 1 absent (April 18, 2025); Assembly 36-6 (May 22, 2025)
-
AB 378 amended and sent to Ways and Means
The Assembly adopted Amendment No. 446, which let the Division charge clinic operators and producers for its inspection and certification costs, added an advisory committee and barred lawsuits claiming the state had guaranteed a treatment's success, safety or outcome, then re-referred the bill to the Committee on Ways and Means.
Outcome: Re-referred to the Assembly Committee on Ways and Means
-
AB 378 introduced to create a psychedelic therapy pilot program
AB 378 would have created an Alternative Therapy Pilot Program, run by the Division of Public and Behavioral Health, giving certain patients with a mental health condition supervised treatment with psilocybin, psilocin, DMT, ibogaine or mescaline.
Outcome: Referred to the Assembly Committee on Health and Human Services
-
SJR 10 introduced to urge Congress to act on psychedelic therapies
The joint resolution asks Congress and federal agencies to fund research, streamline research approvals, allow Right to Try access, reschedule psilocybin and other psychedelics, and protect people following state and local law.
Outcome: Referred to the Senate Committee on Legislative Operations and Elections
-
Working Group report goes to the Legislature
The report, approved at a December 13, 2024 meeting with one member present not supporting it, recommended 2025 legislation for a regulated psychedelic-assisted therapy program and said legislation may be needed to examine state statutes to reduce penalties for entheogenic plants and fungi.
Outcome: Transmitted by DHHS for the 2025 session; its penalty appendix does not match the statutes
-
Governor signs SB 242, creating the Psychedelic Medicines Working Group
The enacted law required the Department of Health and Human Services to establish a working group to study the therapeutic use of entheogens, including psilocybin and psilocin, and report by December 31, 2024. It did not change any penalty.
Outcome: Approved by the Governor; Chapter 377, effective June 12, 2023
Votes: Senate 16-4, 1 excused (May 29, 2023); Assembly 40-0, 2 excused (June 4, 2023)
-
Senate amendment strips decriminalization from SB 242
Amendment No. 354 deleted the decriminalization and research sections and replaced them with a requirement that the health department set up a Psychedelic Medicines Working Group. Neither house ever voted on passing the decriminalization text.
Outcome: Amended and re-referred to the Senate Finance Committee
-
SB 242 introduced to decriminalize psilocybin mushrooms for adults
As introduced, SB 242 would have removed state penalties for adults 18 and over for conduct involving a set amount of psilocybin mushrooms, and let approved research facilities study psilocybin and MDMA.
Outcome: Referred to the Senate Committee on Health and Human Services
-
Weight-based possession tiers take effect
Most of AB 236 took effect, including the weight-based possession tiers in NRS 453.336 and the low-level and high-level trafficking tiers in NRS 453.3385, the framework that applies to psilocybin today.
Outcome: In force
-
Criminal justice overhaul rewrites Nevada's drug possession penalties
The Governor approved AB 236, a broad criminal law bill. Its section 113 sorted drug possession into possession, low-level, mid-level and high-level tiers by weight and schedule, and section 119 created low-level and high-level trafficking.
Outcome: Approved by the Governor; Chapter 633, Statutes of Nevada 2019
Download this data. Nevada psilocybin law and legislation timeline, 14 rows, updated November 2, 2026. Free to reuse under CC BY 4.0 with a link to this page.
Questions people ask
Is psilocybin decriminalized anywhere in Nevada?
No. State law sets drug penalties everywhere in Nevada, and we found no city or county measure that decriminalizes or deprioritizes psilocybin. The 2023 bill that would have decriminalized it was rewritten into a study group before either house voted on passing it.
Is having magic mushrooms a felony in Nevada?
Yes. Possession of any amount of a Schedule I drug is at least a category E felony under NRS 453.336, and the category rises with weight and prior offenses.
Can a first possession charge be dismissed in Nevada?
For a first or second offense involving under 14 grams, the court must defer judgment if the person pleads guilty or no contest and consents, unless the person has certain prior convictions. If the person completes the court's conditions, the case is dismissed and the records are normally sealed, though it still counts for later sentencing.
Is 4-AcO-DMT legal in Nevada?
No. Nevada's Schedule I list names it, along with the other names psilacetin and O-acetylpsilocin. Our guide to mushroom gummies covers products that have been found to contain it.
Sources
- NAC 453.510, Schedule I. Nevada Administrative Code, Nevada Legislature, checked November 2, 2026.
- NRS 453.336 (possession), 453.3363 (probation for first offenders) and 453.411 (use). Nevada Revised Statutes, checked November 2, 2026.
- NRS 193.130, Categories and punishment of felonies. Nevada Revised Statutes.
- NRS 176.211, deferral of judgment. Nevada Revised Statutes.
- NRS 453.321, 453.333, 453.3345, 453.337, 453.3383 and 453.3385 (sale, death, school zones, possession for sale, represented weight and trafficking). Nevada Revised Statutes.
- NRS 484C.110 (driving under the influence) and 484C.400 (penalties). Nevada Revised Statutes.
- NRS 453C.150, immunity or mitigation when medical assistance is sought for an overdose. Nevada Revised Statutes.
- NRS 453.2182 (federal rescheduling) and 453.3361 (local ordinances). Nevada Revised Statutes.
- AB 236 (2019), bill history and digest. Nevada Legislature (NELIS).
- SB 242 (2023), bill history and votes. Nevada Legislature (NELIS).
- SB 242 (2023) as introduced. Nevada Legislature.
- Psychedelic Medicines Working Group report, December 2024. Nevada Department of Health and Human Services, entered as an exhibit on AB 378, March 26, 2025.
- AB 378 (2025), bill history. Nevada Legislature (NELIS).
- SJR 10 (2025), bill history and votes. Nevada Legislature (NELIS); enrolled text at SJR10_EN.
- Bill draft requests, 84th (2027) Session: BDR 329. Nevada Legislature, checked November 2, 2026.
- Ordinance No. 5354, Clark County Code chapter 7.220, hemp retail sales (signed copy). Clark County Board of County Commissioners, passed March 17, 2026, in force from July 15, 2026.
- 2 Las Vegas men arrested after attempting to sell 100 pounds of magic mushrooms, police say. KLAS-TV (8 News Now), September 2023.
- NV stops short of decriminalizing magic mushrooms. thenevadaindependent.com, 2023.
- Controlled substances, alphabetical order. Drug Enforcement Administration, Diversion Control Division, list dated October 21, 2026.
- Determination of psilocybin and psilocin content in multiple Psilocybe cubensis mushroom strains using liquid chromatography-tandem mass spectrometry. Goff R. et al., Analytica Chimica Acta, 2024. PubMed ID 38220293.
Keep reading
When could psilocybin be legal in Nevada?The FDA review, the DEA step, Nevada's 60-day follow rule and the 2027 Legislature: what has to happen, in order.
Visiting Las Vegas: are magic mushrooms legal for tourists?Tourists get no exception: how Nevada and federal law apply on the Strip, at Red Rock, at the airport and on the road.
Where psilocybin is legal nearest Las Vegas, by roadThe 67 Oregon and Colorado centers on state license lists by road miles from the Strip, plus visitor rules.
Get help now in Las Vegas: psilocybin emergencies and crisis linesWhen to call 911, Poison Control, 988 or Fireside, where to get free naloxone, and Nevada's Good Samaritan law.
Written and checked by the Mushrooms Las Vegas desk. Every figure on this page links to its source. Found an error? Tell us and we'll correct it in the open, as our editorial standards describe. Mushrooms Las Vegas is published by the team that runs My Mushroom Dispensary, an online shop. We sell no advertising.