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Psilocybin Laws in South Dakota

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

Short answer: Psilocybin and psilocyn are Schedule I hallucinogens in South Dakota (except an FDA-approved crystalline psilocybin drug product), and the state has no legal psilocybin program in its controlled substances law. SDCL 34-20B-14(18)-(19), 22-42-5

Magic mushrooms (psilocybin)Psilocybin and psilocyn are Schedule I hallucinogens in South Dakota (except an FDA-approved crystalline psilocybin drug product), and the state has no legal psilocybin program in its controlled substances law. Knowingly possessing a Schedule I or II substance without a prescription is a Class 5 felony, punishable by up to 5 years in prison.
Class C felony life; Class 2 felony up to 25 years; Class 5 felony up to 5 years; Class 6 felony up to 2 years and/or $4,000; Class 1 misdemeanor up to 1 year and/or $2,000; Class 2 misdemeanor up to 30 days and/or $500.

More South Dakota criminal law

FAQ

Are magic mushrooms legal in South Dakota?
Psilocybin and psilocyn are Schedule I hallucinogens in South Dakota (except an FDA-approved crystalline psilocybin drug product), and the state has no legal psilocybin program in its controlled substances law. Knowingly possessing a Schedule I or II substance without a prescription is a Class 5 felony, punishable by up to 5 years in prison.

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.