Updated September 2026: This article has been updated to reflect current Arizona law regarding psilocybin possession, felony classification, probation and sentencing.
Psilocybin, the psychoactive substance found in certain species of mushrooms commonly called "magic mushrooms," remains illegal to possess under Arizona law. While laws and attitudes surrounding some controlled substances have changed significantly in recent years, Arizona still specifically classifies both psilocybin and psilocyn as dangerous drugs.
That means possessing psilocybin in Arizona can result in a felony drug charge. However, the potential consequences are more complicated than simply saying that anyone caught with psilocybin will go to prison. The circumstances of the offense, the defendant's criminal history, probation eligibility and how the case is ultimately designated can all affect the outcome.
Is Psilocybin Illegal in Arizona?
Yes. Arizona Revised Statutes § 13-3401 specifically includes both psilocybin and psilocyn within the state's definition of a "dangerous drug."
Under A.R.S. § 13-3407, a person may not knowingly possess or use a dangerous drug. Because psilocybin falls within that definition, knowingly possessing mushrooms or another substance containing psilocybin can result in prosecution under Arizona's dangerous drug laws.
People facing this type of charge should understand that Arizona treats possession differently from offenses involving the sale, manufacture or transportation of dangerous drugs. An experienced Tucson drug possession attorney can review the specific charge, the circumstances surrounding the search or seizure and the defendant's criminal history to determine what penalties and defenses may apply.
What Is the Penalty for Possessing Psilocybin in Arizona?
Under A.R.S. § 13-3407, knowingly possessing or using a dangerous drug is generally a Class 4 felony.
For a first felony offense, Arizona's general sentencing statute provides a range of possible prison terms for a Class 4 felony. The presumptive prison term is 2.5 years, while mitigating or aggravating circumstances can result in a lower or higher sentence. The full statutory range for a first-time Class 4 felony can extend from 1 year as a mitigated sentence to 3.75 years as an aggravated sentence.
Those numbers do not mean that every person convicted of possessing psilocybin will be sentenced to prison. Arizona law contains important probation provisions for qualifying personal possession and use cases.
Probation for Personal Possession of Psilocybin
A.R.S. § 13-901.01 provides probation eligibility for many people convicted of the personal possession or use of a controlled substance. When the statute applies, the court suspends the imposition or execution of a prison sentence and places the defendant on probation. Drug treatment or education is generally required as a condition of that probation.
There are exceptions. For example, the statute does not apply in the same way to possession for sale, production, manufacturing or transportation for sale. A history involving violent crime, repeated personal-possession convictions, refusal to participate in required treatment and other circumstances can also affect eligibility.
Because of these exceptions, two defendants charged with possessing the same substance may face very different consequences based on their records and the facts of their cases.
Can a Psilocybin Possession Charge Become a Misdemeanor?
Arizona law now provides another potentially important outcome for some first-time dangerous-drug possession cases.
Under A.R.S. § 13-3407(B)(1), simple possession or use remains classified as a Class 4 felony. However, for certain defendants without a prior felony conviction or specified prior drug conviction, the court may, on motion of the state and after considering the circumstances of the offense, enter a judgment for a Class 1 misdemeanor. The court may also place the defendant on probation without immediately designating the offense as either a felony or misdemeanor until probation is successfully completed.
This provision does not automatically apply to every psilocybin possession case, and the prosecutor's motion is an important part of the statute. Still, it means that describing every Arizona psilocybin possession case as inevitably resulting in a permanent felony conviction is no longer accurate.
What if You Have Prior Felony Convictions?
Prior felony convictions can significantly increase the potential penalties in an Arizona drug case, but the effect depends on the type and age of the prior conviction and whether it qualifies as a historical prior felony conviction under Arizona law.
Arizona's repetitive-offender statute establishes enhanced sentencing ranges for defendants with qualifying historical prior felony convictions. For example, a person sentenced as a Category Two repetitive offender for a Class 4 felony faces a sentencing range different from a first-time felony offender. Defendants with two or more qualifying historical prior felony convictions may face still greater sentencing exposure.
For that reason, it is not accurate to assume that any previous drug conviction automatically produces a particular mandatory prison sentence. A defense attorney must examine the prior conviction and determine how Arizona's sentencing statutes apply to the individual case.
Possession for Sale, Manufacturing and Transportation
Arizona imposes substantially more serious classifications for dangerous-drug offenses involving conduct beyond simple possession or personal use.
- Possession of a dangerous drug for sale: Class 2 felony
- Possession of equipment or chemicals for manufacturing a dangerous drug: generally a Class 3 felony
- Manufacturing a dangerous drug: Class 2 felony
- Administering a dangerous drug to another person: Class 2 felony
- Obtaining administration of a dangerous drug through fraud or deceit: Class 3 felony
- Transporting for sale, importing, selling or transferring a dangerous drug: Class 2 felony
The distinction between personal possession and possession for sale can therefore make an enormous difference in the potential consequences of a psilocybin case.
Fines for Psilocybin Offenses
A conviction under A.R.S. § 13-3407 can also result in a substantial mandatory fine. Arizona law requires a fine of at least $1,000 or three times the value of the dangerous drugs involved in the offense, whichever amount is greater, subject to the maximum fine authorized by law.
Additional costs may also result from probation, required treatment, drug testing and other court-ordered conditions.
What About Psilocybin Mushroom Spores?
The legal status of mushroom spores requires an important distinction. Arizona's dangerous-drug definition applies to material containing psilocybin or psilocyn. Spores from certain mushroom species may not themselves contain those controlled substances.
However, cultivating spores into mushrooms that produce psilocybin creates a very different legal situation. Once material contains psilocybin or psilocyn, Arizona's dangerous-drug statutes can apply. Cultivation may also raise issues beyond simple possession, including allegations involving the manufacture or production of a controlled substance.
For that reason, someone facing an investigation or criminal charge involving mushroom spores, cultivation or psilocybin-containing mushrooms should not assume that the legal treatment of spores necessarily applies to the material seized by law enforcement.
Defending a Psilocybin Possession Charge in Arizona
A drug possession charge does not automatically result in a conviction. Depending on the circumstances, a defense may involve whether the defendant actually possessed the substance, whether the defendant knew the substance was present, whether laboratory testing establishes that the seized material contained a prohibited drug, or whether police obtained the evidence through a lawful search and seizure.
The classification of the alleged offense can also be contested. The difference between personal possession and an allegation involving sale, manufacture or transportation can dramatically change the potential penalties.
If you have been arrested or charged with possession of psilocybin or another dangerous drug in Tucson or Pima County, speak with a criminal defense attorney before making decisions about your case. Damianakos Law can review the charge, the evidence, your criminal history and the circumstances of the search or arrest to explain the potential consequences and available defenses.