Is Amanita Muscaria Legal in the United States?
Amanita muscaria, the red and white “fly agaric” mushroom, is not a federally controlled substance. That is only part of the picture. FDA’s position is that Amanita muscaria and its constituents are not authorized for use in food, and in a September 29, 2026 warning letter to one company, FDA said supplements containing Amanita muscaria or muscimol were adulterated. Louisiana bans it for human consumption.
This page sets out the federal drug law position, FDA’s position and state law, each with its source.
Amanita muscaria at a glance
| DEA | Not a controlled substance. Muscimol and ibotenic acid are not scheduled (LAPPA fact sheet). |
| FDA, food | Not authorized for use in food, December 18, 2024 (FDA) |
| FDA, supplements | Warning letter to one company dated September 29, 2026 treats Amanita muscaria and muscimol as new dietary ingredients and the products as adulterated (FDA warning letter) |
| States | Louisiana bans it for human consumption (LAPPA) |
| Last verified | October 21, 2026 |
Federal drug law
Amanita muscaria, muscimol and ibotenic acid are not listed in the federal schedules of controlled substances (LAPPA fact sheet, March 2026). Psilocybin and psilocin are Schedule I (21 CFR 1308.11), but Amanita muscaria does not contain them. The two are different mushrooms with different compounds and a different legal status.
FDA’s position on food
On December 18, 2024, FDA told industry and consumers that Amanita muscaria and its constituents, including muscimol, are not approved food additives and are not generally recognized as safe for use in food (FDA constituent update). In practice, that means they may not be added to conventional foods such as gummies, chocolates or drinks.
FDA’s position on supplements
In a warning letter dated September 29, 2026, FDA said Amanita muscaria and muscimol are new dietary ingredients and that supplements containing them were adulterated (FDA warning letter to Psyched Wellness). The 2024 update covers conventional food in general. The 2026 letter was addressed to one company, but it shows how FDA reads the dietary supplement rules for these ingredients.
State law
Louisiana prohibits Amanita muscaria for human consumption (LAPPA fact sheet). We found no other statewide ban in the sources reviewed as of October 21, 2026. FDA’s position applies in every state, and city or county rules may add to it.
Mushroom products with undisclosed ingredients
Some products sold as “mushroom” gummies, chocolates or vapes do not list their active compounds. Legal status depends on what is actually in the product. FDA’s position applies to Amanita muscaria and muscimol whatever the label says, and a product that contains psilocybin is Schedule I whatever it is called (21 CFR 1308.11).
Amanita compared with other mushrooms
| Mushroom or compound | Federal drug law | FDA food status | Source |
|---|---|---|---|
| Amanita muscaria, muscimol | Not controlled | Not authorized in food; supplements treated as adulterated in a 2026 warning letter | LAPPA, FDA, FDA |
| Psilocybin, psilocin | Schedule I | Not applicable | 21 CFR 1308.11 |
What is in Amanita muscaria
The two compounds regulators focus on are ibotenic acid and muscimol (LAPPA fact sheet). Neither is listed as a controlled substance under federal law. FDA’s December 2024 update covers Amanita muscaria and its constituents, which includes both (FDA).
Timeline
| Date | What happened | Source |
|---|---|---|
| December 18, 2024 | FDA says Amanita muscaria and its constituents are not authorized for use in food | FDA |
| March 2026 | LAPPA fact sheet reports Louisiana ban; no federal scheduling | LAPPA |
| September 29, 2026 | FDA warning letter to one company treats its Amanita and muscimol supplements as adulterated (posted October 20, 2026) | FDA warning letter |
What this means for shoppers
- “Federally legal” on a label refers only to drug scheduling. It does not mean FDA allows the product as a food or supplement.
- A gummy, chocolate or drink that contains Amanita muscaria or muscimol is a food under FDA’s view, and FDA says those ingredients are not authorized in food.
- A product labeled only as a “mushroom blend” may contain Amanita, psilocybin or neither. Ask for a certificate of analysis from an independent lab that matches the batch number on the package.
How to check the rules where you live
- Start with the federal and FDA positions above. They apply in every state.
- Check your state health or agriculture department for any state rule.
- Check your city or county as well.
Frequently asked questions
Is Amanita muscaria legal?
It is not a controlled substance under federal law. FDA says it is not authorized in food (FDA) and in a 2026 warning letter to one company treated supplements containing it as adulterated (FDA). Louisiana bans it for human consumption (LAPPA).
Is muscimol a controlled substance?
No. Muscimol is not federally scheduled (LAPPA).
Is Amanita the same as psilocybin mushrooms?
No. They are different species with different compounds. Psilocybin is Schedule I (21 CFR 1308.11); Amanita muscaria is not.
Which states ban Amanita muscaria?
Louisiana bans it for human consumption. We found no other statewide ban in the sources reviewed as of October 21, 2026.
Is Amanita muscaria legal in Wisconsin?
We found no Wisconsin ban in the sources reviewed as of October 21, 2026. Federal drug law does not control it, but FDA’s food and supplement positions apply in Wisconsin as in every state.
Can Amanita be sold as a gummy or supplement?
FDA says Amanita muscaria and its constituents are not authorized in food (FDA), and in a 2026 warning letter it treated supplements containing them as adulterated (FDA).
Related reading
Sources
- LAPPA: Fly agaric (Amanita muscaria) fact sheet (Mar 2026) (checked October 21, 2026)
- FDA: Use of Amanita muscaria or its constituents in food (Dec 18, 2024) (checked October 21, 2026)
- FDA warning letter to Psyched Wellness Ltd. (Sep 29, 2026) (checked October 21, 2026)
- 21 CFR 1308.11, Schedule I list (Cornell LII) (checked October 21, 2026)
This article explains public government records in plain language. It is general information, not legal advice. Laws change quickly in this area, so check the linked sources and your own state’s rules before you act. Last verified: October 21, 2026.
