Psilocybin Laws in Delaware

How Delaware law treats magic mushrooms (psilocybin), from the state code and official state agencies.

Short answer: Psilocybin and psilocyn are Schedule I hallucinogens in Delaware. Possessing a controlled substance without a prescription or other authorization is generally a class B misdemeanor (up to 6 months), with larger amounts charged as felony possession, and a first offender may qualify for a… 16 Del. C. §§ 4714(d)(14)-(15), 4763, 4767

Magic mushrooms (psilocybin)	Psilocybin and psilocyn are Schedule I hallucinogens in Delaware. Possessing a controlled substance without a prescription or other authorization is generally a class B misdemeanor (up to 6 months), with larger amounts charged as felony possession, and a first offender may qualify for a one-time deferred-probation program that ends in dismissal. Delaware has no legal psilocybin program in the statutes read. Possession: https://delcode.delaware.gov/title16/c047/sc04/index.html (from the existing drug-possession record). Class penalties (11 Del. C. §§ 4205(b), 4206, from the existing state record): class A felony 15 years to life; class B 2 to 25 years; class C up to 15 years; class D up to 8 years; class E up to 5 years; class F up to 3 years; class G up to 2 years; class A misdemeanor up to 1 year and $2,300; class B misdemeanor up to 6 months and $1,150. Source: 16 Del. C. §§ 4714(d)(14)-(15), 4763, 4767

Magic mushrooms (psilocybin)

Psilocybin and psilocyn are Schedule I hallucinogens in Delaware. Possessing a controlled substance without a prescription or other authorization is generally a class B misdemeanor (up to 6 months), with larger amounts charged as felony possession, and a first offender may qualify for a one-time deferred-probation program that ends in dismissal. Delaware has no legal psilocybin program in the statutes read.

Possession: https://delcode.delaware.gov/title16/c047/sc04/index.html (from the existing drug-possession record). Class penalties (11 Del. C. §§ 4205(b), 4206, from the existing state record): class A felony 15 years to life; class B 2 to 25 years; class C up to 15 years; class D up to 8 years; class E up to 5 years; class F up to 3 years; class G up to 2 years; class A misdemeanor up to 1 year and $2,300; class B misdemeanor up to 6 months and $1,150.

Source: 16 Del. C. §§ 4714(d)(14)-(15), 4763, 4767

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FAQ

Are magic mushrooms legal in Delaware?

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.