What happens if you're caught with magic mushrooms in California?

What does each California statute say?

California lists psilocybin and psilocyn in Schedule I, at Health and Safety Code 11054(d)(18) and (19).¹ That puts simple possession under HSC 11377, which covers the 11054(d) hallucinogens except four listed paragraphs (cannabis, mescaline, peyote and THC).²

Read 11379 closely. Under 11379(c), "'transports' means to transport for sale," but "furnishes" and "gives away" need no payment, so on the statute's own words sharing falls under the same felony as selling. Subdivision (d) keeps aiding-and-abetting and conspiracy charges available.⁴

Did Prop 47 or Prop 36 change the penalties for mushrooms?

Prop 47, approved by voters on November 4, 2014, rewrote HSC 11377 into its current shape: a misdemeanor for nearly everyone, with felony treatment kept for the listed priors.²

Prop 36, passed November 5, 2024 and effective December 18, 2024, added HSC 11395, a "treatment-mandated felony" for possessing a "hard drug" after two or more prior drug convictions. A defendant can plead and enter treatment, and "the court shall dismiss this charge" on completion. The definition says "hard drug" does not include "psilocybin (mushrooms)," so mushroom possession can't be charged under 11395.¹³

The catch is in the priors. The qualifying list includes 11377, 11378 and 11379, the psilocybin sections, and counts convictions from before Prop 36 took effect. Two old mushroom convictions can expose someone later caught with a hard drug such as fentanyl or methamphetamine to the 11395 felony.¹³

San Diego's numbers come from two agencies measuring different stages. The District Attorney reports 5,953 Prop 36 charges countywide as of September 2026 (4,028 under the drug section, HSC 11395, and 1,925 under the repeat-theft section, PC 666.1) and 1,657 HSC 11395 convictions since April 7, 2025, 95.23% of them with a drug-treatment pathway; its page doesn't mention psilocybin.²⁶ CalMatters reported the DA's figure that, as of February, 71% of defendants who pleaded guilty to a Prop 36 drug felony started toward mandated treatment, and the county Department of Behavioral Health Services' figure that, as of December, fewer than a third of people referred had agreed to treatment and two had graduated.²⁷ The DA counts pleas; the county counts what happened after referral.

Can a mushroom possession charge be dismissed?

It can be. California and San Diego County offer three main routes.

• Pretrial diversion, PC 1000. It covers HSC 11377 but not 11378 or 11379. It requires no conviction in the prior 5 years for a drug offense other than the listed ones (an earlier 11377 conviction doesn't count against you), no violence or threatened violence, no felony conviction within 5 years and no evidence of an unlisted drug violation at the same time.¹⁴ After completion, the arrest "shall be deemed to have never occurred," with exceptions for peace officer job applications and some licensing matters.¹⁵
• Misdemeanor diversion, PC 1001.95. A judge may grant it "over the objection of a prosecuting attorney" for up to 24 months and must dismiss the case on compliance. Sex-offender registration, domestic violence and stalking offenses are excluded.¹⁶
• San Diego Superior Court Drug Court. It hears "selected felony and misdemeanor cases involving non-violent, drug-using offenders," excluding violent offenses, sex crimes and "manufacturing illegal substances." It lasts at least 18 months, runs in North County, Central, East County and South County divisions, and costs participants $20 a week, paid to the provider. On completion probation may end and, rarely, on the prosecutor's recommendation, the charge may be dismissed.²⁴

What does federal law add?

Federal charges are separate from state charges, with their own ranges.

• Possession, 21 USC 844(a): up to 1 year and a minimum $1,000 fine for a first offense; 15 days to 2 years (minimum $2,500) with one prior; 90 days to 3 years (minimum $5,000) with two or more.²⁰
• Distribution, 21 USC 841: manufacturing, distributing, dispensing, or possessing with intent to do so, carries up to 20 years for psilocybin, or 20 years to life if death or serious bodily injury results, and a fine up to $1,000,000 for an individual.²¹
• Phones and mail, 21 USC 843(b): using any "communication facility," which "includes mail, telephone, wire, radio, and all other means of communication," to commit or facilitate a federal drug felony. Each use is a separate offense, up to 4 years each (8 with qualifying priors).²²

In a unanimous 2009 decision (No. 08-192), the Supreme Court held that using a phone to make a misdemeanor purchase for personal use doesn't "facilitate" the seller's felony under 843(b).²³ The buyer can still face 844. Each role in a sale is mapped in our guide to delivery liability.

Which drug statutes don't mention psilocybin?

Two sections people expect to apply don't list it. HSC 11550, the "under the influence" misdemeanor, names 11054(d) paragraphs (14), (15), (21), (22) and (23), not psilocybin's (18) or psilocyn's (19).¹⁷ HSC 11364, possessing paraphernalia for injecting or smoking, names (d)(14), (15) and (20), again not (18) or (19).¹⁸

That's our reading of the text, not a promise about how a court will treat a case; we didn't research case law on it. Public intoxication (PC 647(f)), drug DUI (VC 23152(f)) and furnishing paraphernalia (HSC 11364.7) do reach psilocybin.

Can you be charged for calling 911 about an overdose?

Not for being under the influence or possessing for personal use. Under HSC 11376.5, if you "in good faith" seek medical help for someone having a drug-related overdose and don't obstruct responders, either "shall not be a crime." The person overdosing is covered too when someone at the scene calls.¹⁹

The protection doesn't reach selling, providing or exchanging drugs, or DUI.¹⁹ If someone is in danger, call 911. Poison Control is 1-800-222-1222, and 988 takes calls and texts for crisis support. Our bad trip help guide covers what to do while you wait.

Where can you get a lawyer in San Diego?

The San Diego County Public Defender represents people charged with a crime in state court who are "financially unable to retain private counsel." The main office is at 451 A Street, Suite 900, San Diego, CA 92101, phone 619-338-4700.²⁵

This page explains statutes; it isn't advice on a specific case. For what is legal, see our California access map; for local raids and charges, the San Diego enforcement log; for bills that would change these penalties, the bill tracker.