Psilocybin is illegal under California law. Possessing, growing, giving away and selling it are all crimes, and statewide reform bills have repeatedly failed or been vetoed since 2021.1 Seven cities have passed measures making personal use a low priority for their police. None of them is in Southern California.
Cities that have acted
| City | Date | Notes |
|---|---|---|
| Oakland | June 2019 | Unanimous council vote covering "entheogenic plants," broader than Denver's psilocybin-only measure2 |
| Santa Cruz | January 2020 | Council resolution, amended in 2021 to exclude peyote1 |
| Arcata | October 2021 | Council resolution1 |
| San Francisco | September 2022 | Board of Supervisors resolution1 |
| Berkeley | July 2023 | Council resolution that excludes peyote and synthetic drugs1,8 |
| Eureka | October 2023 | Council resolution1 |
| Nevada City | August 26, 2026 | Unanimous council resolution for adults 21 and older3 |
Each measure applies only inside city limits and only to city police. State law still applies, county sheriffs and district attorneys aren't bound by a city council, and none of the measures covers selling.1
Los Angeles and San Diego
Neither Los Angeles nor San Diego has passed a decriminalization or lowest-priority measure, and none is listed in the major trackers.1,8 In both cities, psilocybin is treated exactly as state law treats it: possession and sale are crimes, and police and prosecutors can enforce them as they would any other controlled substance offense.
Statewide bills
California has debated psilocybin reform in every recent session:
- SB 519 (2021), a broad decriminalization bill, died in the Legislature.1
- SB 58 (2023) would have decriminalized possession of plant-based psychedelics for adults 21 and older. It passed both houses, and Governor Gavin Newsom vetoed it on October 7, 2023.1
- SB 1012 (2024), a regulated therapy program, failed.1
- SB 751 (2025), a pilot program for veterans and first responders, died in committee in May 2025.5
- AB 1103 (2025) was signed in October 2025. It doesn't change criminal law. It lets a subcommittee of the state's Research Advisory Panel quickly approve FDA-authorized psychedelic studies, from January 1, 2026 until it expires on January 1, 2028.4
A 2026 bill to create a University of California psychedelic clinical-trial hub, SB 1224, passed the state Senate in May. We couldn't confirm its final outcome as of October 20.1 No psychedelics initiative qualified for California's November 2026 ballot.6
What remains illegal
Everywhere in California, including Oakland and San Francisco, possessing psilocybin is a crime under state law, and psilocybin is a Schedule I drug under federal law.1,7 Selling it is illegal under both state and federal law, and no city measure covers sales.
What to watch
- A new decriminalization or therapy bill in the 2027 session.
- Whether more cities follow Nevada City. No Southern California city has acted yet.
- Research approvals under AB 1103, and FDA action on COMP360. See the research tracker.
More about Los Angeles and San Diego
Retailers also write about these cities. My Mushroom Dispensary, an online retailer connected to Norshroom (see our disclosure), describes same-day delivery in Los Angeles and has a separate San Diego page at mymushroomdispensary.com/san-diego.
Sources
- UC Berkeley Center for the Science of Psychedelics, Psychedelic Alpha and Calyx Law, Psychedelic Law and Policy Map (updated September 2026). psychedelics.berkeley.edu
- NPR, "Oakland City Council Effectively Decriminalizes Psychedelic Mushrooms," June 5, 2019. npr.org
- The Union, "Nevada City council unanimously approves resolution declaring psychedelic mushrooms as low priority by law enforcement," August 28, 2026. theunion.com
- Becker's Behavioral Health, "California fast-tracks psychedelic research with new law," October 16, 2025. beckersbehavioralhealth.com
- Reason Foundation, "State psychedelics legalization and policy roundup," June 2025. reason.org
- Mind Medicine Law, "Psychedelic ballot measures 2026," updated October 12, 2026. mindmedicinelaw.com
- Electronic Code of Federal Regulations, 21 CFR 1308.11, Schedule I. ecfr.gov
- Wikipedia, "Psilocybin decriminalization in the United States" (used to cross-check city dates). en.wikipedia.org