Are Psychedelics Legal in Nebraska?

Nebraska isn’t a good place to live if you’re interested in mind-expanding substances, but it’s getting better. Slowly.

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

The topic of marijuana legalization seems to take over the news, but it’s not the only controlled substance that’s teetering on legalization due to its massive health benefits. Psychedelics like magic mushrooms and MDMA could be used for many health issues if they weren’t Schedule I Drugs.

Several US states are starting to reconsider their stance on these valuable substances. Unfortunately, Nebraska is not one of these states. 

Find out Nebraska’s take on magic mushrooms and other psychedelics, the penalties for their possession and use, and what their future looks like.

Magic mushrooms are illegal in Nebraska. 

The law considers psilocybin a Schedule I substance and is considered a Class 2 felony. Using or possessing mushrooms can get you a minimum of one year in prison, with fifty years being the maximum.

This increases if you are caught possessing an illegal substance in certain areas, like schools or playgrounds. This is considered a Class 1 felony and has a penalty of a minimum of twenty years in prison with the maximum set at life.

These laws are way above average for the rest of the United States. Most states consider magic mushroom possession a misdemeanor that usually only results in a fine. 

Map of Magic Mushroom Laws In the USA

Yes, the spores of magic mushrooms are legal to purchase in Nebraska. 

It might surprise you to learn that psychedelic mushroom spores are entirely legal in Nebraska because they don’t contain psilocybin. These spores are legal in almost every state except California, Idaho, and Georgia.

Do Magic Mushrooms Grow Wild in Nebraska?

Yes, there are magic mushroom species in Nebraska. For example, people have spotted Panaeolus subbalteatus, Gymnopilus luteofolius, and Panaeolus cinctulus. Psilocybe cubensis is another common mushroom you might find there. 

What Are the Medicinal Uses of Shrooms?

Considering the vast potential and proven safety of magic mushrooms, it’s amazing they’re still illegal. There’s enough current research showing there are many ways these mushrooms can benefit us. 

For example, experts believe that shrooms can significantly improve feelings of existential dread and relieve depression. 

Most SSRIs (serotonin selective reuptake inhibitors) and other antidepressants appear to work by changing the amount of serotonin available. Psilocin, a metabolite of psilocybin, activates serotonin receptors — including 5-HT2A — and could provide long-lasting antidepressant effects even after one use [1].

Studies are limited due to restrictive laws, but it seems there are other ways psychedelics might help [2].

Magic mushrooms might help with the following conditions:

Other studies show even small amounts — so small you barely notice the effects — can make a huge, long-term impact on a person’s mental health.

This practice, called microdosing, has become increasingly popular and has helped many people improve their lives. For example, microdosing shrooms and other psychedelics may improve problem-solving skills and boost creativity

Thanks to these advances, there’s a push for legalization in Europe and the US. Although we have a long way to go, some US states have already stepped forward and at least made the attempt or are considering legislation reform —such is the case of Oregon, which decriminalized all drugs in 2020.

LSD (lysergic acid diethylamide) is illegal in Nebraska. 

Authorities classify it as a Schedule I drug, along with magic mushrooms. Possessing LSD, or acid, in the Cornhusker State carries the same penalty — one to fifty years in prison.

The same goes for the many LSD analogs as well. While none are explicitly mentioned, Nebraska enforces the Federal Analogue Act, which makes all isomers of known prohibited substances illegal by default. 

Examples of LSD alternatives include ETH-LAD, AL-LAD, PRO-LAD, LSZ, LSA, 1P-LSD, and ALD-52

MDMA (ecstasy) is also illegal in Nebraska. As a Schedule 1 drug, use or possession has a one to fifty years prison term.

MDMA, or ecstasy, is the focus of much of the latest medicinal research and is on the verge of being FDA-approved for treating certain mental health disorders like social anxiety and PTSD [3].

No, ketamine is illegal in Nebraska

Although the law considers it a Schedule III substance instead of Schedule I, the penalties remain the same. Therefore, you could get one to fifty years for possessing or using ketamine.

Authorities classify it differently because of its known medical and veterinary uses, and doctors use it as an analgesic and for treating trauma. However, researchers are currently studying it for its psychotherapeutic benefits and possible use in treating depression [4].

All forms of DMT (dimethyltryptamine) are illegal in Nebraska. 

Possessing any DMT isomer carries the same penalty of one to fifty years in prison.

There’s just one exception to this rule. Two religious groups — União do Vegetal and Santo Daime — have been granted legal access to the DMT-containing shamanic preparation called ayahuasca

Related: Bufo Alvarius, The Psychedelic Toad That Secretes 5-MeO-DMT.

What’s the Difference Between Legalization & Decriminalization?

While it is common to talk about legalizing a drug, many countries have opted to decriminalize the substance instead. The two terms may sound similar, but there are some crucial differences between legalization and decriminalization

Legalizing a drug nullifies the penalties for possessing and consuming it. In addition, the state authorizes and regulates the sale to the public for recreational or medicinal use. 

Decriminalizing a drug significantly reduces related convictions but doesn’t allow its sale. This is often a step towards legalization.

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

The United States, along with some countries in Europe, are moving towards legalizing psychedelics. Thanks to the latest scientific advances, some states have opened the debate on decriminalization. Such is the case of Oregon, California, and New York.

Nebraska isn’t considering legalizing psychedelics yet, but it has decriminalized marijuana possession. It’s on the right track though still far from ideal. What will the future hold? Hard to say, but the future for psychedelics looks promising.


  1. McCorvy, J. D., Olsen, R. H., & Roth, B. L. (2016). Psilocybin for depression and anxiety associated with life-threatening illnesses. Journal of Psychopharmacology, 30(12), 1209-1210.
  2. Daniel, J., & Haberman, M. (2017). Clinical potential of psilocybin as a treatment for mental health conditions. Mental Health Clinician, 7(1), 24-28.
  3. Sessa, B., Higbed, L., & Nutt, D. (2019). A review of 3, 4-methylenedioxymethamphetamine (MDMA)-assisted psychotherapy. Frontiers in psychiatry, 10, 138.
  4. Corriger, A., & Pickering, G. (2019). Ketamine and depression: a narrative review. Drug design, development and therapy, 13, 3051.