The short answer: no, the possession, sale, or cultivation of psilocybin mushrooms remains illegal in South Dakota, even after the 2026 legislative session that introduced several new drug statutes. While the 2026 laws clarify penalties for synthetic cannabinoids and expand medical cannabis provisions, they do not decriminalize or create a licencing framework for psychedelic fungi. Anyone found with psilocybin‑containing mushrooms can still be charged under South Dakota Codified Law §§ 27‑5‑9 and 27‑5‑10, which classify the substance as a Schedule I controlled substance.
Why the 2026 statutes matter
The 2026 South Dakota legislature passed three key measures that often get confused with mushroom reform:
- SB 1085 – Synthetic cannabinoid penalties – raises fines for “spice” products but does not reference psilocybin.
- HB 2123 – Medical cannabis expansion – adds new qualifying conditions and permits more dispensaries, yet the law is strictly limited to Δ9‑THC products.
- SB 1439 – Controlled substance scheduling review – creates a task force to evaluate emerging psychoactive compounds, but the task force has not yet recommended any schedule change for psilocybin mushrooms.
Because none of these bills explicitly address psilocybin‑containing fungi, the existing prohibitions stay in force.
What changes could happen next
Legislative interest in psychedelic therapy has grown nationwide, and South Dakota’s 2026 task force will release a report by late 2027. If the task force recommends re‑classification, the state could follow the example set by Oregon’s 2020 Measure 109, which legalized supervised psilocybin services. Until such an amendment is enacted, the current legal landscape remains unchanged.
FAQ
What is the current penalty for possessing psilocybin mushrooms in South Dakota?
Possession of a “controlled substance” such as psilocybin is a Class B misdemeanor, punishable by up to 1 year in jail and a $2,000 fine, or a Class A misdemeanor with up to 2 years imprisonment and a $5,000 fine if the amount exceeds 1 gram.
Does the 2026 medical cannabis law include any psychedelic provisions?
No. HB 2123 expressly limits the law to products containing Δ9‑THC and cannabidiol derived from federally approved cannabis strains. Psychedelic compounds are not mentioned.
Can I grow psilocybin mushrooms for personal use under the new laws?
Cultivation is prohibited. South Dakota Codified Law § 27‑5‑10 classifies the cultivation, extraction, or processing of psilocybin mushrooms as a felony, regardless of intent or quantity.
Are there any ongoing legal challenges to the mushroom ban in South Dakota?
A civil liberties group filed a suit in early 2025 arguing that the blanket classification of psilocybin violates the state constitution’s free‑exercise clause. The case is pending, and no court ruling has altered the statutory language.
If the task force recommends de‑scheduling, what is the legislative process?
Any recommendation must be reviewed by the Senate Judiciary Committee, then voted on in both chambers. A majority vote in each house and the governor’s signature are required to amend the schedule. Until that occurs, the status quo remains.