Could Magic Mushrooms Be Legalized in Illinois?

 Posted on May 15, 2025 in Criminal Defense

More than 1,800 new bills were introduced by Illinois House Lawmakers for 2025. One of these bills (HB1143) would decriminalize and tax psilocybin (commonly known as "magic mushrooms") and psilocybin products for use by residents of Illinois who are at least 21 years old. Under the bill, a person who is under the influence of psilocybin would not be allowed to operate a motor vehicle.

Several U.S. states and cities have already decriminalized possession of psychedelic plants and fungi or have made these offenses a low priority for law enforcement. The bill, as it is currently written, would not change the status of peyote, not because of its intoxication properties, but because the peyote plant is considered endangered and because of the significance of peyote in Native American spirituality.  

Currently, psilocybin mushrooms are a Schedule 1 drug in Illinois. This classification means the drug is considered to have a high potential for abuse and has no accepted medical use in treatment. As a Schedule 1 drug, possession of psilocybin mushrooms has severe penalties. If you are facing charges for possession or sale of psilocybin mushrooms, it is important that you speak to a knowledgeable Kane County, IL criminal defense lawyer.  

Are There Legitimate Medical Uses for Psilocybin?

Johns Hopkins’ studies of psilocybin over the past two decades have found a number of legitimate medical uses. To name just a few of these studies:

• In 2014, researchers found that longtime smokers who had failed many attempts to stop smoking were able to do so when using carefully controlled dosages of psilocybin.
• In 2016, a study found that a substantial majority of cancer patients suffering from cancer-related anxiety or depression were able to find relief for up to six months from a single large dose of psilocybin.
• In 2020, psilocybin was found to reduce symptoms of depression in adults after traditional medications had failed.
• In 2021, a follow-up study of the depression study found that the effects of the psilocybin therapy for depression lasted up to a year in many of the patients.  
•  Preliminary studies suggest psilocybin can help relieve symptoms of post-traumatic stress disorder (PTSD).

For Now, Magic Mushrooms Remain Illegal in Illinois

Possession of 0-200 grams of psilocybin mushrooms is a Class 4 felony punishable by one to three years in prison. Possession of more than 200 grams of psilocybin mushrooms is a Class 1 felony, punishable by four to 15 years in prison. A potential fine of up to $25,000 is also possible for both Class 4 and Class 1 felony convictions.  

The distribution of psilocybin is an even more serious crime. A person found to be involved in the sale or distribution of 0-50 grams of psilocybin mushrooms will be charged with a Class 3 felony. If convicted, the punishment could be two to five years in prison and a maximum fine of $25,000. The sale or distribution of 50-200 grams of psilocybin mushrooms will be charged as a Class 1 felony, punishable by four to 15 years.  

Growing psilocybin mushrooms could result in prosecution at both the state and federal levels. In Illinois, growing psilocybin mushrooms is a Class 3 felony punishable by two to five years in jail and a maximum fine of $25,000. If convicted federally, growing psilocybin carries a federal prison sentence of up to 20 years and a maximum fine of $1,000,000.

Contact a DuPage County, IL Drug Crimes Attorney

If you are facing charges of possession, distribution, or growing psilocybin mushrooms, it is important to speak to a highly experienced Naperville, IL drug crimes lawyer from Law Office of Patricia Magaña, LLC. Attorney Magana, who also speaks Spanish, has more than 15 years of criminal defense experience. She has successfully helped many clients who made a one-time mistake get their lives back on track. Call 630-448-2001 to schedule a free consultation.