[Last Updated: May 2026]
Amanita muscaria, also called fly agaric, has become quite popular over the past few years. With that rise in popularity has come a new wave of magic mushroom enthusiasts ready to explore this mushroom. Due to that fact that psilocybin is illegal in most states and countries, many wonder if thats the case with Amanita as well. Luckily, Amanita occupies an entirely different legal category than psilocybin, and is accessible to most people in the US and worldwide
So before you buy, here’s everything you need to know about the legal status of Amanita muscaria.
Is Amanita Muscaria Legal in the United States?
Yes. Amanita muscaria is federally uncontrolled in the United States. It is legal to cultivate, buy, possess, and distribute without a license or prescription in 49 out of 50 states.
The single exception is Louisiana.
Unlike psilocybin mushrooms, Amanita muscaria does not contain psilocybin or psilocin, the compounds regulated under the federal Controlled Substances Act. Its active compound is muscimol, which is not federally scheduled. This is why Amanita occupies a unique legal grey space: psychoactive, ancient, and largely unregulated.
Is Amanita muscaria legal in my state?
Amanita muscaria is legal in all 49 US states except Louisiana. There are currently no restrictions in California, Texas, Florida, New York, Colorado, Oregon, Washington, or any other state.
Note on Texas: A bill was introduced in 2025 to restrict Amanita muscaria sales. Luckily, it failed to pass. As of now, Amanita remains fully legal in Texas.
How about the rest of the world?
Amanita muscaria is legal in most countries and states around the world. It is illegal, however, in the Netherlands, Thailand, Australia, and Romania.
Use the above map to see where Amanita is and is not legal.
What's Going on in Louisiana?
Louisiana is the only US state where Amanita muscaria is illegal to grow, sell, or possess (unless used strictly for ornamental purposes).
This stems from the Louisiana State Act 259, which was signed into law in June 2005. The act was written as a blanket response to synthetic cannabinoids like Spice and K2, which were causing public health issues at the time. In the process, it swept up over 39 herbs and mushrooms, including Amanita muscaria, despite them being of no real public concern.
In 2015 an amendment was add to the bill to allow supplement companies to resume the sale of many of the herbs that were caught up in the 2005 bill. Amanita, however, remains on the banned list.
Is the FDA Involved?
It's worth knowing that in December 2024, the FDA clarified that Amanita muscaria and muscimol are not approved as ingredients in conventional food or beverages. This affects gummies, chocolates, and drinks but not capsules dried mushroom, or tinctures, which fall under the supplement category.
This doesn’t change the legality of possession or use. It does mean that the format matters. Luminita’s capsules are prepared as a supplement, not a food additive, and are fully compliant.
Is Amanita Muscaria Legal Internationally?
Amanita muscaria is legal in most countries around the world. The exceptions are a small but growing number of nations, particularly in Europe.
You can use the map above to get a quick visual overview.
Countries Where Amanita Muscaria Is Illegal
Netherlands
Amanita muscaria has been illegal to buy, sell, or possess since December 2008. Possession of amounts larger than 0.5g dried or 5g fresh can result in criminal charges. Before 2008, mushrooms of all kinds were legal in the Netherlands, including psilocybe varieties. When the government moved to restrict magic mushrooms due to hospital overcrowding, Amanita was included under the same legislation.
Thailand
Thailand takes a strict stance on anything psychoactive. Under Thai law, psychoactive mushrooms are classified as a class 5 drug, equivalent to a Schedule 4 substance in the US. Although Amanita muscaria is not explicitly listed by name, the law covers psychoactive mushrooms broadly. Proceed with caution.
Australia
Australia classifies muscimol-containing fungi as Schedule 9 substances, the same category as cannabis and other psychoactive compounds. Schedule 9 substances “may be abused or misused” and their manufacture, possession, or sale is prohibited except in approved research or medical contexts.
Romania
Romania banned Amanita muscaria alongside Salvia divinorum and kratom as of February 2010.
Lithuania (new as of 2025)
Lithuania added Amanita muscaria to its List of Narcotic and Psychotropic Substances, with the ban taking effect at the start of 2025. This follows several documented cases of recreational misuse in the country in 2023.
Poland
Poland does not ban possession of Amanita muscaria, but the commercial sale of the mushroom is prohibited.
Is the Legal Status of Amanita Muscaria Changing?
The short answer: slowly, primarily in Europe, but not currently in the US.
Amanita muscaria’s popularity has grown significantly in recent years. Google searches for the mushroom rose nearly 200% in 2024 alone and more and more people are looking to natural medicines to help them overcome mental health issues. Due to Amanita's reputation to reduce anxiety, insomnia and calm the nervous system, the public focus on Amanita is heating up.
Unfortunately, governments, religions and big-pharma are all concerned with substances that help people wake up or reduce their reliance on external control structures. Amanita is definitely included in that list. Because Europe has a longer history of use with Amanita, the legal landscape is moving quicker in that region. Lithuania’s 2025 ban is the most recent example, but it may not be the last.
Lucky for us Americans, there are currently no active federal moves to schedule muscimol or Amanita muscaria. The 2024 FDA action on food additives was a clarification, not a prohibition and the 2025 Texas legislative attempt to restrict the mushroom failed.
For US buyers, the landscape is stable and I don't foresee a widespread ban on Amanita, but I'll update this page if anything changes.
Can I legally Buy Amanita from Luminita.co?
Yes — if you live in the United States outside of Louisiana, you can legally purchase Amanita muscaria from Luminita. Every capsule is hand-foraged from the forests of Washington State, fully decarboxylated, and prepared as a dietary supplement in compliance with US federal law.
Luminita ships to all 49 legal US states, as well as internationally to countries where Amanita muscaria is legal. If you’re outside the US, refer to the country guide above to confirm your region before ordering.
Frequently Asked Questions
Is Amanita muscaria the same as magic mushrooms?
No. Magic mushrooms contain psilocybin, which is a federally controlled substance. Amanita muscaria contains muscimol, which is not scheduled.
They are entirely different mushrooms with entirely different mechanisms of action and legal status.
Can I buy Amanita muscaria online in the US?
Yes, in all states except Louisiana. Luminita ships across the continental US and to countries where Amanita is legal internationally.
Is muscimol legal?
Muscimol is not scheduled at the federal level in the US. It is not a controlled substance.
Is fly agaric the same as Amanita muscaria?
Yes. Fly agaric is the common name for Amanita muscaria. They are the same mushroom.
Will Amanita muscaria become illegal in the US?
There is no active federal legislation to schedule Amanita muscaria or muscimol. State-level attempts (like Texas in 2025) have so far failed. The legal status is stable for now, though we recommend staying informed.
