Psilocybin mushrooms are not specifically named in the U.S. federal scheduling system, however their two primary active chemicals Psilocybin and Psilocin are both Schedule I in the United States. This means they are illegal to manufacture, buy, possess, or distribute (sell, trade or give) without a DEA license. Fresh and dried psilocybin mushrooms are considered containers of Psilocybin and Psilocin, making them illegal to possess as well.

Because spores contain no psilocybin or psilocin, they are legal to sell and possess (in all states except California, Georgia, and Idaho). But in most states, it is illegal to cultivate or propogate spores into mycelium since mycelium generally contains both psilocybin and psilocin.

Psilocybin and psilocin, the active chemicals in these mushrooms, are being studied for medical utility around the world including in the United Kingdom, United States, Switzerland, Denmark, Ireland, the Netherlands, Spain, and others. The medical research may eventually result in changes to the legal status of psilocybin and/or psilocin. However the bad design of the United Nations 1970 Single Convention on Psychotropic Substances and the United States' worse Controlled Substances Act will inhibit and hamstring moving psilocybin out of the class of drugs that have near-total prohibition.

Some countries have ruled that growing psilocybe mushrooms does not qualify as 'manufacturing' a controlled substance (psilocybin). In 2005, a New Mexico state appelate court ruled that growing mushrooms did not qualify as manufacturing psilocybin under state law (see State of New Mexico v. Pratt, 2005 or http://caselaw.findlaw.com/nm-court-of-appeals/1401800.html). In Feb 2006, the FMRC's TEO journal reported that the Pratt ruling was overturned and that people have been prosecuted for growing psilocybin mushrooms in New Mexico.(TEO Feb 2006). However, Erowid has not been able to substantiate FMRC's claim and to the best of our understanding, the Pratt appelate ruling stands. (last updated Jun 28, 2013)