As we begin 2026, the laws surrounding psychoactive products in California are shifting rapidly. With new legislation passed this year and a booming market for alternative wellness products, one question we hear constantly is: Are mushroom gummies legal in California?
The answer is yes and no. It depends entirely on which type of mushroom gummy you are talking about. The laws for traditional magic mushrooms are very different from the laws for the federally legal mushroom gummies available at Ethereal Gold Dispensary. Let’s break down the three main categories to clear up the confusion.
Psilocybin Gummies ("Magic Mushrooms")
When most people ask are mushroom gummies legal in California they are thinking of psilocybin.
The Verdict: Illegal (With Caveats). Despite efforts to decriminalize them, psilocybin mushrooms remain a Schedule I controlled substance under California state law. Selling or purchasing psilocybin gummies is a felony offense.
-
The "Decriminalized" Cities: Cities like Oakland, Santa Cruz, and San Francisco have passed resolutions to "deprioritize" the enforcement of laws against natural psychedelics. However, this does not make them legal to sell or buy; it simply means local police make them their lowest priority. Commercial sales remain strictly prohibited statewide.
Amanita Muscaria Gummies
Amanita Muscaria is the iconic red-and-white mushroom often found in folklore (and video games). It uses a completely different active compound called muscimol, which is chemically distinct from psilocybin.
The Verdict: Legal. Amanita Muscaria is not a scheduled controlled substance in California or federally (except in Louisiana). Gummies containing amanita extract are legal to purchase and possess in California. These provide a unique, dreamy, and relaxing psychoactive experience without the legal risks associated with psilocybin.
"Magic" Proprietary Blend Gummies (TRE House, etc.)
This is the fastest-growing category. Popular brands like TRE House offer "magic mushroom" gummies that are often confused with hemp or psilocybin products, but they are actually quite different.
The Verdict: Legal & Unaffected by AB-8. Tre House Magic Mushroom gummies are 100% hemp-free and cannabinoid-free. Unlike Delta-8 or Delta-9 products, these gummies do not rely on the cannabis plant at all. Instead, they use a proprietary blend of legal nootropics, adaptogens, and tryptamines (such as Lion's Mane, Rhodiola Rosea, and 5-HTP) to create their euphoric, psychotropic effects.
Why this matters for California: California's new Assembly Bill 8 (AB-8), which tightens regulations on hemp-derived intoxicating products, does NOT apply to these specific mushroom gummies. Because they contain zero THC, zero CBD, and zero hemp ingredients, they fall outside the scope of cannabis regulations. This makes them a fully legal, accessible option for Californians seeking a psychoactive experience without navigating the complex new hemp laws.
Why Buy From Ethereal Gold Dispensary?
In a market filled with confusion and shifting laws, safety is everything. When you ask are mushroom gummies legal in California, you also need to ask if they are safe.
At Ethereal Gold Dispensary, we specialize in federally legal, psychoactive products that you can trust. We carry premium brands like Tre House and Tropical Bliss because they are:
- Psilocybin-Free: Fully compliant with state and federal law.
- Full-Panel Lab Tested: We require rigorous testing to prove our products are free from contaminants and accurately labeled.
You can browse our collection of legal mushroom gummies here and learn all about the Ethereal Gold Standard.
FAQ
Can I buy psilocybin gummies in stores in California?
No. Psilocybin is a Schedule I substance. While some "church" dispensaries operate in a legal gray area in places like Oakland, retail sales are technically illegal under state law.
Are TRE House mushroom gummies legal in California?
Yes. TRE House gummies are fully legal in California. They do not contain psilocybin, and because they are free of hemp and cannabinoids, they are not restricted by the new AB-8 cannabis laws.
Does the new AB-8 law ban mushroom gummies?
AB-8 targets intoxicating hemp products. Since many legal mushroom gummies (like Tre House) use non-hemp ingredients like nootropics and tryptamines, they are generally unaffected by this specific legislation.
Do legal mushroom gummies show up on a drug test?
Most standard 5-panel or 10-panel drug tests do not screen for Amanita Muscaria or the legal nootropic blends found in brands like Tre House. They are looking for THC, opiates, and other common drugs.
What is the difference between Amanita and Psilocybin?
Psilocybin acts on serotonin receptors and causes classic psychedelic visuals. Amanita Muscaria (muscimol) acts on GABA receptors (similar to alcohol or benzodiazepines), creating a more sedative, dream-like, and deliriant experience.
