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Psilocybin Laws in West Virginia

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

Short answer: Illegal. Psilocybin and psilocyn are Schedule I controlled substances. Possessing a controlled substance without a valid prescription is a misdemeanor punishable by 90 days to 6 months in jail, a fine of up to $1,000, or both (first-offender conditional discharge under § 60A-4-407 may be… W. Va. Code §§ 60A-2-204(d), 60A-4-401(a)(ii), (c), 60A-2-201(g)

Magic mushrooms (psilocybin)Illegal. Psilocybin and psilocyn are Schedule I controlled substances. Possessing a controlled substance without a valid prescription is a misdemeanor punishable by 90 days to 6 months in jail, a fine of up to $1,000, or both (first-offender conditional discharge under § 60A-4-407 may be available). Manufacturing, delivering or possessing with intent to deliver a non-narcotic Schedule I substance is a felony punishable by 1 to 5 years in prison, a fine of up to $15,000, or both. The law says that if a psilocybin drug is approved by the U.S. Food and Drug Administration and rescheduled by the DEA, it will be lawful to prescribe, distribute and market it based on FDA recommendations.
Also: https://code.wvlegislature.gov/60A-4-401/ ; https://code.wvlegislature.gov/60A-2-201/
Source: W. Va. Code §§ 60A-2-204(d), 60A-4-401(a)(ii), (c), 60A-2-201(g)

More West Virginia criminal law

FAQ

Are magic mushrooms legal in West Virginia?
Illegal. Psilocybin and psilocyn are Schedule I controlled substances. Possessing a controlled substance without a valid prescription is a misdemeanor punishable by 90 days to 6 months in jail, a fine of up to $1,000, or both (first-offender conditional discharge under § 60A-4-407 may be available). Manufacturing, delivering or possessing with intent to deliver a non-narcotic Schedule I substance is a felony punishable by 1 to 5 years in prison, a fine of up to $15,000, or both. The law says that if a psilocybin drug is approved by the U.S. Food and Drug Administration and rescheduled by the DEA, it will be lawful to prescribe, distribute and market it based on FDA recommendations.

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.