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. Source: SDCL 34-20B-14(18)-(19), 22-42-5 |
|---|
More South Dakota criminal law
- Felony Theft Amount and Penalties in South Dakota
- Self-Defense Laws in South Dakota
- Criminal Statutes of Limitations in South Dakota
- Bail, Pretrial Release and Public Defenders in South Dakota
- Assault Laws in South Dakota
- Battery Laws in South Dakota
- Domestic Violence Charges in South Dakota
- Shoplifting and Petty Theft in South Dakota
- Burglary and Robbery in South Dakota
- Vandalism Laws in South Dakota
- Trespassing Laws in South Dakota
- Drug Possession Laws in South Dakota
- Hit and Run Laws in South Dakota
- Reckless Driving in South Dakota
- Harassment and Stalking Laws in South Dakota
- Resisting Arrest in South Dakota
- Missing a Court Date in South Dakota
- Probation Violations in South Dakota
- Obstruction of Justice in South Dakota
- Perjury Laws in South Dakota
- Public Intoxication in South Dakota
- Disorderly Conduct in South Dakota
- Indecent Exposure in South Dakota
- Prostitution and Solicitation Laws in South Dakota
- Gambling Laws in South Dakota
- Embezzlement Laws in South Dakota
- Fraud and Identity Theft in South Dakota
- Forgery Laws in South Dakota
- Blackmail and Extortion Laws in South Dakota
- Murder Laws in South Dakota
- Manslaughter Laws in South Dakota
- Child Endangerment Laws in South Dakota
- Arson Laws in South Dakota
- Animal Cruelty Laws in South Dakota
- Revenge Porn Laws in South Dakota
- Cyberbullying Laws in South Dakota
- Sexting Laws in South Dakota
- Human Trafficking Laws in South Dakota
- Jaywalking Laws in South Dakota
- Open Container Law in South Dakota
- Underage Drinking and Fake ID Laws in South Dakota
- Driving on a Suspended License in South Dakota
- Driving Without a License in South Dakota
- Knife Laws in South Dakota
- Fireworks Laws in South Dakota
- Kidnapping Laws in South Dakota
- Criminal Threats Laws in South Dakota
- Car Theft Laws in South Dakota
- Receiving Stolen Property in South Dakota
- Drug Trafficking Laws in South Dakota
- Prescription Fraud Laws in South Dakota
- Vehicular Assault Laws in South Dakota
- Street Racing Laws in South Dakota
- Boating Under the Influence in South Dakota
- Insurance Fraud Laws in South Dakota
- Welfare and Unemployment Fraud in South Dakota
- Bribery Laws in South Dakota
- Sexual Assault Laws in South Dakota
- Child Sexual Abuse Laws in South Dakota
- Child Sexual Abuse Material Laws in South Dakota
- Online Solicitation of a Minor in South Dakota
- Sex Offender Registration in South Dakota
- Felon in Possession of a Firearm in South Dakota
- Computer Crime Laws in South Dakota
- Recording Laws in South Dakota
- False Police Report Laws in South Dakota
- Hate Crime Laws in South Dakota
- Parole Violations in South Dakota
- Violating a Protective Order in South Dakota
- Juveniles Tried as Adults in South Dakota
- The Death Penalty in South Dakota
- Voting Rights After a Felony in South Dakota
- Restoring Civil Rights After a Felony in South Dakota
- Three Strikes and Habitual Offender Laws in South Dakota
- Delta-8 and Hemp THC Laws in South Dakota
- Kratom Laws in South Dakota
- CBD Laws in South Dakota
- Tobacco and Vaping Laws in South Dakota
- Elder Abuse Laws in South Dakota
- Voyeurism Laws in South Dakota
- Assault on a Police Officer in South Dakota
- All South Dakota criminal law rules
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.