Alabama
ALPsilocybin is a Schedule I controlled substance under state law; no significant reform activity.
The CodexField ManualLegal Status
Legal Status
Psilocybin law in the United States and Canada — federal frameworks, state and provincial reform, and the distinction between decriminalization and legalization. A living reference.
⚠ Not legal advice
This page is an educational summary compiled by the community, not legal advice. Psilocybin law changes frequently; verify the current status with authoritative sources and counsel before acting on anything here. Oldest entry was last reviewed 01 Jun 2026.
Jurisdiction
United States
§ 01Federal Law
Psilocybin and psilocin are Schedule I controlled substances under the federal Controlled Substances Act of 1970, meaning federal authorities classify them as having no accepted medical use and a high potential for abuse. Both claims are at odds with the clinical literature; the scheduling has not caught up.
Federal law applies in every state, on federal property, and in interstate transport. A state can decide not to enforce possession or cultivation under its own laws — as Oregon and Colorado have — but federal agencies (DEA, FBI, U.S. Postal Inspectors) retain jurisdiction. In practice, federal prosecutions of small-scale personal use have been rare; federal enforcement focuses on trafficking, interstate commerce, and activity on federal land.
Spores themselves — which contain no psilocybin — occupy a narrow federal gap and are legal to possess federally for microscopy purposes, though a handful of states (CA, GA, ID) specifically criminalize them.
On 18 April 2026, the President signed an executive order titled Accelerating Medical Treatments for Serious Mental Illness, directing the FDA to prioritize psychedelic review, instructing the DEA to reduce research barriers, and allocating $50M in ARPA-H match funding for state psychedelic research. The order does not reschedule psilocybin, but it signals expansion of Right-to-Try pathways to Schedule I substances. On 24 April 2026, the FDA awarded Commissioner's National Priority Vouchers to Compass Pathways' COMP360 (treatment-resistant depression) and Usona Institute's psilocybin (major depressive disorder), the first concrete federal actions implementing the order.
§ 02Decriminalization vs. Legalization
Decriminalization
Removes or lowers criminal penalties for specific acts — usually personal possession of small amounts — without legalizing manufacture, sale, or distribution. The substance remains illegal; prosecution is deprioritized. A police officer may still confiscate, and sale is still a crime. Most US municipal reforms have taken this form.
Legalization
Creates an affirmative legal framework under which the substance can be possessed, manufactured, sold, or administered in specified circumstances. Legalization typically includes a regulator, licensed providers, product-safety requirements, and tax or fee structures. Oregon's Measure 109 and Colorado's Proposition 122 are the only US examples to date.
A state or city can do both: legalize regulated therapeutic use while leaving unregulated personal use either decriminalized or prohibited. Oregon is the clearest example.
§ 03State & Territory Status
Illegal Alaska
AKPsilocybin is a Schedule IIIA controlled substance; no significant reform activity.
Arizona
AZHB 1498 (2022) appropriated funding for psilocybin research grants focused on PTSD and related conditions.
Legislation
- HB 1498 (2022)Research-grant framework; implemented by state health authority.
Arkansas
ARPsilocybin is a Schedule I substance; no significant reform activity.
California
CAPsilocybin remains illegal under state law. SB 58 (Wiener) was vetoed by the governor in 2023; subsequent therapeutic-framework bills are pending.
Decriminalized / deprioritized
Oakland, Berkeley, Santa Cruz, San Francisco, Arcata
Legislation
- SB 58 (2023)Personal-possession decriminalization; vetoed by Gov. Newsom.
- SB 1012 (2024)Therapeutic framework bill; still under consideration in later sessions.
Colorado
COProposition 122 (2022) legalized personal possession for adults 21+ and established a regulated therapeutic program, implemented starting 2024. The state's first licensed healing center, The Center Origin (Denver), opened in April 2026.
The Natural Medicine Health Act created a state-licensed framework for supervised administration of psilocybin (and, on a later timeline, other natural-medicine substances) at healing centers. The Natural Medicine Advisory Board has a statutory window opening in June 2026 to consider adding DMT, ibogaine, and mescaline (excluding peyote).
Legislation
- Proposition 122 (2022)Natural Medicine Health Act; regulated therapeutic program + personal possession.
Connecticut
CTPsilocybin is illegal, but a state-authorized psychedelic-assisted therapy pilot is in place. SB 191 (2026) — passed by the Senate 35-0 on April 9, 2026 — expands eligibility to veterans, first responders, EMTs, and frontline healthcare workers, and strips the sunset that would have ended the pilot upon federal psilocybin approval. Awaiting governor's signature.
Legislation
- SB 191 (2026)Pilot-expansion bill; passed Senate 35-0 April 9, 2026; awaiting governor.
- SB 1083Original psilocybin-therapy framework from earlier sessions.
Delaware
DEPsilocybin is a Schedule I substance; no significant reform activity.
Florida
FLPsilocybin is a Schedule I substance; no significant reform activity.
Georgia
GAPsilocybin is a Schedule I substance; no significant reform activity.
Hawaii
HIPsilocybin is illegal; therapeutic-access legislation has been introduced in multiple sessions.
Legislation
- SB 1454 (2023)Therapeutic-access working group bill.
Idaho
IDPsilocybin is a Schedule I substance; no significant reform activity.
Illinois
ILPsilocybin is illegal; the CURE Act proposes a decriminalization and therapeutic-use framework.
Legislation
- CURE Act (HB 1/SB 3695 family)Compassionate Use and Research of Entheogens; pending.
Indiana
INHB 1260 (2024) authorized clinical trials at the state's medical institutions.
Legislation
- HB 1260 (2024)Clinical-trial framework; research-only.
Iowa
IAPsilocybin is a Schedule I substance; no significant reform activity.
Kansas
KSPsilocybin is a Schedule I substance; no significant reform activity.
Kentucky
KYPsilocybin is a Schedule I substance; no significant reform activity.
Louisiana
LAPsilocybin is illegal under state law. SB 43 (2026), which would establish a Louisiana Department of Health program for clinical studies of psilocybin- and ibogaine-assisted therapy, passed the Senate 37-0 and the House 97-0 on May 7, 2026; it awaits Gov. Landry's signature. If signed, the program takes effect August 1, 2026.
Legislation
- SB 43 (2026)Psilocybin + ibogaine clinical-study program; passed both chambers unanimously May 7, 2026; awaiting governor.
Maine
MELD 1914 (2023), which would have established a regulated therapeutic framework, did not advance.
Legislation
- LD 1914 (2023)Psilocybin therapy framework; died in committee.
Maryland
MDEstablished a Task Force on Responsible Use of Natural Psychedelic Substances; research pathway funded.
Legislation
- SB 709 (2024)Task force + research authorization.
Massachusetts
MAQuestion 4 (Natural Psychedelic Substances Act) was rejected by voters in November 2024. Possession remains a criminal offense statewide; several cities have deprioritized enforcement.
Question 4 would have legalized personal use of psilocybin and four other natural psychedelics for adults 21+ and established a regulated therapeutic framework. It failed roughly 43-57.
Decriminalized / deprioritized
Somerville, Cambridge, Northampton, Easthampton, Amherst, Medford, Salem, Provincetown
Legislation
- Question 4 (Nov 2024)Natural Psychedelic Substances Act; rejected by voters.
Michigan
MIPsilocybin is illegal at the state level. Several cities have passed decriminalization resolutions; SB 631 (entheogenic plants & fungi decrim) has been introduced in successive sessions.
Decriminalized / deprioritized
Ann Arbor, Detroit, Hazel Park, Ferndale
Legislation
- SB 631Statewide entheogens decriminalization; pending in recent sessions.
Minnesota
MNEstablished a Psychedelic Medicine Task Force (2023); framework legislation pending in subsequent sessions.
Legislation
- HF 1884 (2023)Psychedelic Medicine Task Force.
Mississippi
MSPsilocybin is a Schedule I substance; no significant reform activity.
Missouri
MOPsilocybin is illegal. HB 1830 passed the Missouri House 137-11 on April 2, 2026 — its first time clearing a chamber — and was amended to also cover ibogaine. Now pending in the Senate.
Legislation
- HB 1830 (2026)Therapeutic-access pilot for veterans and first responders, expanded to include ibogaine; passed House 137-11 April 2, 2026; pending Senate.
Montana
MTPsilocybin is a Schedule I substance; no significant reform activity.
Nebraska
NEPsilocybin is a Schedule I substance; no significant reform activity.
Nevada
NVAB 81 (2023) established a psilocybin working group to study therapeutic access; follow-on legislation pending.
Legislation
- AB 81 (2023)Psilocybin working group / research framework.
New Hampshire
NHPsilocybin is a Schedule I substance; no significant reform activity.
New Jersey
NJS 2283 proposes a regulated therapeutic framework and personal-possession reduction.
Legislation
- S 2283Psilocybin therapy + decriminalization; pending.
New Mexico
NMSB 219 (2025) established a medical psilocybin advisory board and pathway for qualifying conditions.
Legislation
- SB 219 (2025)Medical Psilocybin Act; advisory board convened.
New York
NYPsilocybin is illegal. Multiple therapeutic-framework bills have been introduced in successive sessions.
Legislation
- A 114 / S 4776Psilocybin therapeutic-use; pending.
- A 6453Decriminalization of natural plants and fungi; pending.
North Carolina
NCPsilocybin is a Schedule I substance; no significant reform activity.
North Dakota
NDPsilocybin is a Schedule I substance; no significant reform activity.
Ohio
OHPsilocybin is a Schedule I substance; no significant reform activity.
Oklahoma
OKPsilocybin is a Schedule I substance; no significant reform activity.
Oregon
ORMeasure 109 (2020) established a regulated therapeutic framework; licensed administration has been operational since 2023. Measure 110 decriminalized personal possession of small amounts in 2020 (later partially rolled back in 2024).
Oregon's Psilocybin Services program, administered by the Oregon Health Authority, licenses facilitators and service centers. Measure 110's decriminalization of personal possession was scaled back by HB 4002 in 2024, but therapeutic access under Measure 109 continues.
Legislation
- Measure 109 (2020)Psilocybin Services Act; regulated therapeutic program.
- Measure 110 (2020) / HB 4002 (2024)Personal-possession decriminalization; partially rolled back 2024.
Pennsylvania
PAPsilocybin is a Schedule I substance; no significant reform activity.
Rhode Island
RIDecriminalization and therapeutic-access legislation has been introduced in successive sessions.
Legislation
- H 5923 / S 1006Entheogenic plants & fungi decriminalization; pending.
South Carolina
SCPsilocybin is a Schedule I substance; no significant reform activity.
South Dakota
SDPsilocybin is a Schedule I substance; no significant reform activity.
Tennessee
TNPsilocybin is a Schedule I substance; no significant reform activity.
Texas
TXHB 1802 (2021) authorized psilocybin clinical research for PTSD, targeting veterans.
Legislation
- HB 1802 (2021)Veteran-focused PTSD research program.
Utah
UTSB 266 (2024) established a pilot program allowing qualifying hospitals to administer psilocybin under controlled conditions.
Legislation
- SB 266 (2024)Psilocybin pilot program at participating hospitals.
Vermont
VTPsychedelic-therapy framework bills have been introduced in successive sessions.
Legislation
- S 114 familyTherapeutic-access framework; pending.
Virginia
VAMultiple decriminalization and research bills (SB 932, HB 898) have stalled in recent sessions. SB 1135 (Boysko), which would have authorized an FDA-approved psilocybin pharmaceutical analog upon federal rescheduling, was vetoed by Gov. Spanberger in April 2026.
Legislation
- SB 1135 (2026)Conditional psilocybin pharmaceutical-analog authorization; vetoed April 2026.
- SB 932 / HB 898Decrim / research framework; stalled.
Washington
WAPsilocybin is illegal at the state level. Seattle deprioritized enforcement (2021); a therapeutic-access task force has been convened.
Decriminalized / deprioritized
Seattle, Port Townsend, Olympia, King County (Mar 2026)
Legislation
- SB 5263 (2023)Task force + therapeutic-access pilot; ongoing.
West Virginia
WVPsilocybin is a Schedule I substance. SB 906, which would have authorized lawful prescription and distribution of an FDA-approved crystalline-polymorph psilocybin contingent on federal approval, completed legislative action but was vetoed by Gov. Morrisey in the April 2026 round.
Legislation
- SB 906 (2026)Conditional FDA-approved psilocybin authorization; vetoed April 2026.
Wisconsin
WIPsilocybin is a Schedule I substance; no significant reform activity.
Wyoming
WYPsilocybin is a Schedule I substance; no significant reform activity.
District of Columbia
DCPsilocybin is illegal under federal and DC law. Initiative 81 (2020) directed DC police to deprioritize enforcement of personal-use cases involving entheogenic plants and fungi.
Decriminalized / deprioritized
Washington (enforcement deprioritized)
Legislation
- Initiative 81 (2020)Entheogenic Plant and Fungus Policy Act; enforcement deprioritized.
Jurisdiction
Canada
Drug control in Canada is primarily federal. Most of the action below sits at the level of Health Canada and the courts, with comparatively little provincial reform.
§ 04Federal Law & the Special Access Program
Psilocybin and psilocin are Schedule III controlled substances under Canada’s Controlled Drugs and Substances Act (CDSA). Unauthorized possession, cultivation, production, and sale remain criminal offences nationwide.
On 5 January 2022, Health Canada amended the Food and Drug Regulations to make psilocybin (and MDMA) once again accessible through the Special Access Program (SAP), a pathway that had been closed since 2013. Under the SAP, physicians may request authorization for a specific patient with a serious or life-threatening condition where conventional treatments have failed or are unsuitable — predominantly end-of-life distress in terminal cancer patients and treatment-resistant depression.
A class exemption under section 56(1) of the CDSA covers the supply chain — practitioners, pharmacists, hospitals, and licensed dealers handling psilocybin tied to an SAP authorization — removing the need for an individual exemption at each link. A separate class exemption authorizes at-home administration of psilocybin and MDMA by participants in approved clinical trials.
Bill C-5 (2022) removed mandatory minimums for several CDSA offences and encouraged prosecutorial diversion for simple possession. It is not psilocybin-specific but lowered the floor for personal-possession prosecutions across the schedule.
§ 05Litigation & Reform Efforts
TheraPsil’s Charter challenge (2022– ) — Asection 7 Charter challenge brought by TheraPsil and six patient plaintiffs argues that the lack of timely psilocybin access for end-of-life and treatment-resistant cases violates security of the person. The case remains in pre-trial / procedural stages with no merits ruling as of June 2026.
Federal Court of Appeal, June 19, 2025 — psilocybin training exemptions. The court ruled that Health Canada’s 2022 refusals of section 56(1) exemptions for ~96 healthcare practitioners seeking experiential psilocybin training were “unreasonable” given the agency’s prior 2020 grants. Applications were remanded for redetermination. The ruling does not guarantee any specific outcome, but it constrains arbitrary refusal.
Jody Lance (Calgary, 2024) — the Federal Court ordered Health Canada to reconsider his section 56 application for cluster-headache treatment; he subsequently received an exemption.
Sanctuaire de la Gratitude (Quebec) — filed a Federal Court application in October 2024 to compel a decision on its 2022 ceremonial-psilocybin exemption request. No disposition has been reported as of June 2026. Note: ayahuasca-using churches (Santo Daime, União do Vegetal) hold long-standing section 56 exemptions; no psilocybin religious exemption has yet been granted.
§ 06Provincial & Municipal
Alberta — In January 2023, Alberta became the first province to regulate psychedelic-assisted therapy. Its Mental Health Services Protection Act regime requires licensed psychiatrist oversight for psilocybin, MDMA, LSD, mescaline, DMT, 5-MeO-DMT, and ketamine. In practice the framework mostly governs ketamine clinics, since only ketamine is federally approved as a medicine; psilocybin still requires SAP or section 56 to be legally sourced.
British Columbia — The federal section 56(1) exemption that decriminalized small-quantity personal possession of opioids, cocaine, MDMA, and methamphetamine expired 31 January 2026and was not renewed. The pilot’s drug list did not include psilocybin, but the reversal reflects the broader political direction. Vancouver has long tolerated open psilocybin storefronts; the VPD has periodically raided dispensaries since late 2023, with shops typically reopening within days.
Other provinces & municipalities — A May 2024 count identified roughly 57 psilocybin dispensaries operating across 15 Canadian cities, primarily in Vancouver, Toronto, and Montreal. Enforcement is sporadic and locally variable. No other province has enacted a psychedelic-specific regulatory framework as of June 2026.
§Authoritative Trackers
For verification and real-time updates, the references below are the standard sources. They are independently maintained and track bill progress, regulatory decisions, and litigation faster than this page can.
United States
- Psilocybin Alpha — US Legality Tracker
- Drug Policy Alliance — Psilocybin Reform
- MAPS — Psilocybin Research
Canada
The codex is maintained by its readers. If an entry on this page is out of date or wrong, send corrections with a citation and we will update it.