Are Psychedelics Legal in Rhode Island Yet?

Rhode Island is one of the only states to consider magic mushrooms a Schedule III drug — but the penalties are still pretty harsh. 

By Phil Dubley Fact-Checked By Tripsitter Legal Team · Last Updated: December 08, 2023
Last Updated: December 08, 2023

Magic mushrooms are one of the most widely consumed psychedelics worldwide, both recreationally and medicinally. Unfortunately, although this fungus grows naturally in most parts of the world, most countries ban them.

This article will provide information about the legality of psilocybin and other psychedelics in Rhode Island.

Are Magic Mushrooms Legal in Rhode Island?

Magic mushrooms are illegal in Rhode Island (currently). There’s a good chance these laws will change at some point in the next 1-2 years as more states move to decriminalize the use of natural psychedelics. 

According to RI General Statutes § 21-28-4.01, this drug is a Schedule III controlled substance.

This law has harsh penalties for possessing a Schedule III or IV controlled substance: sentences can be up to 20 years in prison and fines of up to $40,000.

Map of Magic Mushroom Laws In the USA

Do Magic Mushrooms Grow Wild in Rhode Island?

Yes, magic mushrooms grow wild in Rhode Island, and there are several species you can find there. 

The most common species of magic mushrooms that grow naturally in Rhode Island include:

  • Panaeolus cinctulus
  • Psilocybe caerulipes 
  • Psilocybe stuntzii 
  • Gymnopilus spp.

To find this fungus, you must remember that they usually grow in dark and damp areas, near grasslands, dung heaps, and forests.

What Are the Medicinal Uses of Shrooms?

In Europe and North America, there’s strong support for the legalization of psilocybin and other psychedelics. This is because research on these substances has expanded in recent years after exceptional findings. 

Organizations such as Compass Pathways, MindMed, MAPS, John Hopkins Medicine, and various universities across the United States have been leading the charge regarding psychedelic research (including magic mushrooms). 

To date, the most promising findings for the therapeutic use of magic mushrooms include:

Is LSD Legal in Rhode Island?

Rhode Island classifies LSD (lysergic acid diethylamide) as a Schedule II controlled substance. This makes it illegal for both recreational and medicinal use. 

State law imposes the same penalties for Schedule I and II drugs. The difference is that Schedule II substances have acknowledged medicinal use, while Schedule I refers to substances with no medicinal value. 

If the police catch you with any of these substances, you can spend up to 30 years in prison and receive fines of $3,000 to $100,000.

Is MDMA Legal in Rhode Island?

No. MDMA (ecstasy), and other amphetamine psychedelics, are listed as Schedule II controlled substances and are, therefore, illegal in Rhode Island.

The penalties for possession go up to 30 years in prison and fines of up to $100,000 in the worst-case scenario.

Recently, there’s been a push for legalizing MDMA in a clinical setting as a treatment for PTSD. The FDA is currently reviewing a protocol for MDMA-assisted psychotherapy submitted by MAPS (Multidisciplinary Association for Psychedelic Studies).

MDMA has been used as a tool by psychotherapists in the past for breaking down the patient-therapist barrier more quickly and in couple’s therapy. Many therapists want access to this useful molecule again, and movements are working their way through the legal pipeline to make this happen. 

Learn more about psychedelic-assisted psychotherapy.

Is Ketamine Legal in Rhode Island?

Ketamine is illegal in Rhode Island for recreational use but legal for medicinal use in approved clinics. 

Ketamine is a dissociative drug used for anesthesia and treating major depression and PTSD. There are several ketamine clinics around the state of Rhode Island, including an online ketamine provider called Mind Bloom. 

Many people source ketamine on the black market and take it for recreational purposes too, but this practice is highly illegal. If caught in possession of ketamine, you can be sentenced to 30 years in prison or receive fines of up to $100,000.

What’s the Difference Between Legalization & Decriminalization?

The difference between legalization and decriminalization is elementary. However, many people mistakenly assume they mean the same thing.

When illegal activity is decriminalized, penalties are simply reduced to the bare minimum. Offenders are no longer given mandatory jail sentences and a criminal convictions but may still receive a fine. Repeat offenders may still end up in jail or with other severe penalties. 

Legalization removes all legal consequences and provides a legal environment for the commercialization of the product. The best example of this in recent history is marijuana, which has been legalized in many US states. 

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

Drug laws in Rhode Island will likely remain the same in the short term. However, when the topic is brought up at the federal level, we may see some significant changes start to happen. 

MDMA, ketamine, psilocybin, and DMT may all become legal for therapeutic applications (psychedelic-assisted psychotherapy), while natural psychedelics such as magic mushrooms will likely become decriminalized for personal consumption. 

We don’t expect any psychedelics to become legalized for recreational use in the near future in the state of Rhode Island.