Psychedelic Drug Laws Remain Strict in Kentucky For 2023

The state that brought us moonshine and then outlawed it isn’t any more lenient on psychedelics. Which is too bad — can you imagine tripping at the Kentucky Derby?? 🏇

By Phil Dubley Fact-Checked By Tripsitter Legal Team · Last Updated: December 07, 2023
Last Updated: December 07, 2023

It’s illegal to possess, grow and sell any psychedelic drug in Kentucky.

MDMA, LSD, ketamine, DMT, and psilocybin are severely punishable by law as all five are federally banned substances.

However, there are some legal gray areas when it comes to lesser-known drugs and mushroom spores.

This article will detail all the penalties you account for regarding drugs in Kentucky and more.

Are Magic Mushrooms Legal in Kentucky?

No. Psychedelic mushrooms are prohibited throughout the state of Kentucky.

Kentucky Statute Chapter 218A.020 stipulates that the state complies with the federal substance restrictions. Therefore, psilocybin, the primary psychoactive component of magic mushrooms, is considered a Schedule I drug.

Possessing or selling magic mushrooms in Kentucky can lead to a fine of $1,000 and a year in prison. However, experts have begun recommending the reclassification of mushrooms due to their medicinal use and low potential for abuse.

As for magic mushroom spores, these aren’t explicitly banned. You can buy these spores online and have them delivered to Kentucky legally — however, as soon as the spores are germinated, they become illegal as per federal regulations.

Map of Magic Mushroom Laws in the US

Do Magic Mushrooms Grow Wild in Kentucky?

Yes, magic mushrooms grow everywhere in the world except Antarctica.

Several species of psilocybin mushrooms can be found in pastures around the state of Kentucky, including:

  • Psilocybe baeocystis — these potent mushrooms grow mainly in temperate forests, but beware that some poisonous mushrooms look very similar.
  • Psilocybe cubensis — possibly the most famous shroom species, as it is found all over the world. Look for it in warm places.
  • Psilocybe weilii prevalent in coniferous forests throughout North America.

What Are The Medicinal Uses of Shrooms?

Lately, there has been a big push for legalizing magic mushrooms from many different sectors in Kentucky.

This is mainly due to the flood of scientific studies that focus on investigating the medical benefits of mushrooms.

So far, they have uncovered evidence that confirms psilocybin can help in several conditions.

For example, mushrooms have shown promise in treating depression, post-traumatic stress, existential anxiety in terminally ill patients, cluster headaches, and substance abuse disorders.

Some people are even using shrooms and other psychedelics to boost problem-solving & creativity.

Is LSD Legal in Kentucky?

No, LSD (lysergic acid diethylamide) is illegal in Kentucky.

Because they are federally classified as Schedule I, possessing or selling acid can cost you a year in prison and up to $1,000 in fines.

Keep in mind that analogs are classified under the same laws as LSD, so substances like 1P-LSD are also illegal in Kentucky.

Is MDMA Legal in Kentucky?

MDMA (ecstasy) is also illegal in Kentucky.

While several countries and states have begun to legalize its medicinal use in therapy, it is still banned federally. Because Kentucky law is based on the federal list of prohibited substances, MDMA is entirely illegal.

In Kentucky, the penalties for possessing or selling a Schedule I substance are up to a year in prison and $1000 in fines. Unfortunately, as of now, there is no sign that this will change in the bluegrass state.

Is Ketamine Legal in Kentucky?

Ketamine is federally considered a Schedule III substance, as it is legal with a prescription. However, it is punishable in Kentucky by the same standards as LSD, MDMA, and mushrooms if you buy it illegally.

Many states have opened up the debate about legalizing ketamine for its therapeutic uses. However, Kentucky is notorious for its rigidity in drug laws, so there won’t be new developments on this front for a while.

Legal Psychoactive Substances in Kentucky

Beyond the more common drugs, such as alcohol and tobacco, certain substances are not banned by federal law and are unregulated in Kentucky. These include:

However, we recommend you exercise caution if you want to use any of these drugs. Drug laws change frequently, and new substances are added periodically, so keep an eye out for future developments.

What’s the Difference Between Legalization & Decriminalization?

Few people are fully aware of the difference between the legalization and decriminalization of a substance. Legalizing a drug authorizes it for sale to the general public and recreational or medicinal use.

On the other hand, decriminalizing a substance only means that the penalties attached to that drug are canceled or significantly reduced. While this doesn’t legalize the sale, it would help reduce the violence associated with drug trafficking and greatly help addicts.

Key Takeaways: What’s the Future of Psychedelics in Kentucky?

The United States is rapidly moving toward the legalization of certain substances for medical use. These include LSD, ketamine, MDMA, and magic mushrooms. Even several states, such as Oregon, have already decriminalized most substances.

However, Kentucky is a very conservative state when it comes to drugs. It is one of the few states that have not yet legalized medical marijuana. In conclusion, it is most likely that psychedelic drugs will be legalized in Kentucky when they become legal at the federal level.