Cultivation of psilocybin mushrooms remains a federal offense in the United States. Content is provided for educational, harm-reduction, and research purposes in jurisdictions where such activity is legal.

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.

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⚠ 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 06 Sept 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.

Implementation has continued through mid-2026. On 14 July 2026, the FDA issued final guidance on clinical investigations of psychedelic drugs, detailing expected trial populations and safety assessments, and scheduled a hybrid public hearing on supervised psychedelic therapy for 14 September 2026 (docket FDA-2026-N-7542; written comments accepted through 5 October). The VA and HHS also signed a memorandum of understanding to collaborate on psychedelic research and the potential rollout of any FDA-approved treatments to veterans, and on 5 August 2026 the VA launched PIVOT, a five-site clinical trial of psilocybin for veterans with treatment-resistant depression.

Congress has begun to move as well. On 24 July 2026the House passed the FY2027 National Defense Authorization Act carrying two voice-vote amendments: one extends the Defense Department’s psychedelic clinical-trial program (psilocybin, MDMA, ibogaine, 5-MeO-DMT) through September 2033, and the other codifies parts of the April executive order by requiring the VA to designate an official responsible for psychedelic therapies and report progress to Congress. Both await Senate action. A standalone bipartisan bill, H.R. 9559 (introduced 30 June), would codify the order more fully.

On the drug-approval track, Compass Pathways began a rolling New Drug Application for COMP360 after the FDA granted rolling review on 24 April 2026; the company reported six-month results from its second Phase 3 trial on 7 July and expects to complete the submission in Q4 2026, targeting a launch in the first half of 2027 if the FDA approves and the DEA reschedules the product. Usona’s Phase 3 program continues and has not yet filed. None of these steps reschedules psilocybin itself; a separate petition (Dr. Sunil Aggarwal’s) to move it from Schedule I to Schedule II was referred by the DEA to HHS for review in August 2025 and remains there, with no decision announced as of September 2026 despite a June 2026 request from the petitioner’s counsel that the agencies act promptly in light of the executive order.

Anticipating that approval, a growing bloc of states has passed “trigger laws” that pre-position state schedules to follow federal action automatically: Colorado, North Dakota, Nebraska, and Arizona in 2025, and Virginia, South Dakota, and West Virginia in 2026. These laws change nothing today and cover only an FDA-approved pharmaceutical product (in most cases the crystalline polymorph formulation), not mushrooms. Similar bills died in Kansas and are pending in Pennsylvania. Filter the state table for “Active legislation” to see them.

§ 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

FilterAll states51Legal2Medical research9Active legislation13Failed / inactive10Illegal17

  • Alabama

    AL
    Illegal

    Psilocybin is a Schedule I controlled substance under state law; no significant reform activity.

    Last reviewed 06 Sept 2026

  • Alaska

    AK
    Recent failure

    Psilocybin is a Schedule IIIA controlled substance. Natural Medicine Alaska's proposed Alaska Natural Medicine Act — a Colorado-style initiative to legalize psilocybin, DMT, and non-peyote mescaline for adults 21+ with licensed healing centers and a grow-gather-gift personal-use model — was cleared for signature-gathering but fell well short of the ~35,000 signatures needed for the November 2026 ballot, collecting just over 10,000. The campaign announced in December 2025 that it is shifting to the 2028 cycle; signatures already collected remain valid.

    Legislation

    • Alaska Natural Medicine Act (initiative)Legalization + regulated access; failed to qualify for 2026 ballot (Dec 2025); targeting 2028.
    Last reviewed 06 Sept 2026 · source

  • Arizona

    AZ
    Medical research

    Psilocybin mushrooms remain Schedule I for personal use, but Arizona has been an early mover on state-funded research. HB 1498 (2022) appropriated $5M for competitive grants toward FDA-track whole-mushroom psilocybin trials (the grant program sunset July 1, 2026). SB 1555, signed by Gov. Hobbs April 22, 2025, is a conditional trigger law: pharmaceutical crystalline polymorph psilocybin may be prescribed in Arizona if the FDA approves it and the DEA reschedules it by January 1, 2031. The same act created a 12-member Arizona Psilocybin Advisory Board, which held its first meeting in early 2026. SB 1570 (2024), which would have licensed psilocybin service centers, was vetoed.

    Legislation

    • SB 1555 (2025)Trigger law for FDA-approved psilocybin + Psilocybin Advisory Board; signed Apr 22, 2025.
    • HB 1498 (2022)$5M research-grant program; sunset Jul 1, 2026.
    • SB 1570 (2024)Psilocybin service centers; passed both chambers, vetoed by Gov. Hobbs.
    Last reviewed 06 Sept 2026 · source

  • Arkansas

    AR
    Illegal

    Psilocybin is a Schedule I substance; no significant reform activity.

    Last reviewed 06 Sept 2026

  • California

    CA
    Recent failure

    Psilocybin remains illegal under state law, and every statewide reform vehicle since 2023 has died. SB 58 (Wiener), a personal-possession decriminalization bill, was vetoed by Gov. Newsom in October 2023; SB 1012 (2024), a regulated therapeutic framework, died in Senate Appropriations; and SB 751 (Becker, 2025), a five-county psilocybin research pilot for veterans and former first responders, was held in committee in May 2025 and did not move in 2026. Advocates have floated a 2026 ballot measure, but nothing qualified. Several cities have deprioritized enforcement.

    Decriminalized / deprioritized

    Oakland, Berkeley, Santa Cruz, San Francisco, Arcata

    Legislation

    • SB 58 (2023)Personal-possession decriminalization; vetoed by Gov. Newsom.
    • SB 1012 (2024)Regulated therapeutic framework; died in Senate Appropriations.
    • SB 751 (2025–26)Veterans / former first responders psilocybin research pilot (up to 5 counties); held in committee May 2025.
    Last reviewed 06 Sept 2026 · source

  • Colorado

    CO
    Legal (regulated)

    Proposition 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 voted 5–2 in September 2025 to recommend adding ibogaine to the regulated program (conditioned on Nagoya Protocol compliance); the Natural Medicine Division opened rulemaking in spring 2026 but had not adopted an ibogaine rule as of September 2026, and no recommendation on DMT or mescaline has been made since the June 1, 2026 statutory window opened. Separately, HB26-1325 — signed June 4, 2026 and effective August 12, 2026 — establishes a state ibogaine research pilot of up to five sites within the Behavioral Health Administration.

    Legislation

    • Proposition 122 (2022)Natural Medicine Health Act; regulated therapeutic program + personal possession.
    • HB26-1325 (2026)Ibogaine research pilot (up to 5 sites); signed Jun 4, 2026; effective Aug 12, 2026.
    Last reviewed 06 Sept 2026 · source

  • Connecticut

    CT
    Medical research

    Psilocybin is illegal, but a state-authorized psychedelic-assisted therapy pilot is in place. SB 191 (2026) was signed by Gov. Ned Lamont on June 4, 2026: it expands eligibility to adults 18+ who meet clinical criteria (previously limited to veterans and first responders), places the program under a state medical school within FDA-approved research, and strips the sunset that would have ended the pilot upon federal psilocybin approval. The expansion took effect July 1, 2026.

    Legislation

    • SB 191 (2026)Pilot-expansion bill; signed by Gov. Lamont June 4, 2026 (Senate 35-0 Apr 9, House 122-27 May 6); effective Jul 1, 2026.
    • SB 1083Original psilocybin-therapy framework from earlier sessions.
    Last reviewed 06 Sept 2026

  • Delaware

    DE
    Illegal

    Psilocybin is a Schedule I substance; no significant reform activity.

    Last reviewed 06 Sept 2026

  • Florida

    FL
    Illegal

    Psilocybin is a Schedule I substance (simple possession is a third-degree felony), and the state has moved in the restrictive direction: SB 700, an omnibus agriculture bill signed by Gov. DeSantis on May 16, 2025, criminalized transporting, importing, selling, or distributing spores or mycelium capable of producing psilocybin — a first-degree misdemeanor — closing the federal spore loophole. Therapeutic-access proposals (HB 1113 in 2024, SB 504 in 2025) did not advance.

    Legislation

    • SB 700 (2025)Farm bill; bans psilocybin-capable spores and mycelium; signed May 16, 2025.
    Last reviewed 06 Sept 2026 · source

  • Georgia

    GA
    Illegal

    Psilocybin is a Schedule I substance, and spores are separately criminalized. HB 717, signed by Gov. Kemp on May 12, 2026 after the House initially rejected it, requires clinics offering "psychedelic-assisted treatment" to be licensed by the Composite Medical Board (rules due by end of 2026, licenses by July 1, 2027) — in practice a ketamine/Spravato clinic-regulation law that changes nothing about psilocybin's legal status.

    Legislation

    • HB 717 (2026)Licensing framework for psychedelic-assisted treatment clinics (ketamine in practice); signed May 12, 2026.
    Last reviewed 06 Sept 2026 · source

  • Hawaii

    HI
    Recent failure

    Psilocybin is illegal. For the second year running a psychedelics bill cleared both chambers and then died in conference: SB 3199 (Lee), creating a two-year Mental Health Emerging Therapies Task Force at the UH medical school to plan for psilocybin and MDMA therapy, passed the Senate 24-0 in March 2026 and House committees unanimously, but stalled in conference committee and was dead when the session adjourned in May. SB 1042 met the same fate in 2025.

    Legislation

    • SB 3199 (2026)Mental Health Emerging Therapies Task Force; passed Senate 24-0, died in conference May 2026.
    • SB 1042 (2025)Psychedelic-therapy program bill; passed both chambers in different forms, died in conference.
    Last reviewed 06 Sept 2026 · source

  • Idaho

    ID
    Illegal

    Psilocybin is a Schedule I substance and spores are criminalized. Voters will decide HJR 4 on November 3, 2026 — a legislatively referred constitutional amendment (House 58-10, Senate 29-6, March 2025) that would give the Legislature exclusive authority over marijuana, narcotics, and psychoactive substances and bar citizen initiatives on them, foreclosing the ballot route to psilocybin reform.

    Legislation

    • HJR 4 (2026 ballot)Constitutional amendment barring citizen initiatives on psychoactive substances; vote Nov 3, 2026.
    Last reviewed 06 Sept 2026 · source

  • Illinois

    IL
    Active legislation

    Psilocybin is illegal; no Illinois city has decriminalized. The CURE Act (HB 1143, Compassionate Use and Research of Entheogens) would create an Oregon-style licensed service-center framework and remains pending. A narrower first step, SB 2772 (Ventura), which would establish an Illinois Psilocybin Advisory Board under IDFPR to draft training, ethics, and licensing standards over a two-year development period, passed the Senate 41-13 on May 7, 2026 but was re-referred to the House Rules Committee on May 15 and did not get a House vote before the spring session ended.

    Legislation

    • SB 2772 (2026)Psilocybin Advisory Board; passed Senate 41-13 May 7, 2026; stalled in House Rules.
    • HB 1143 (CURE Act)Compassionate Use and Research of Entheogens; licensed service centers; pending.
    Last reviewed 06 Sept 2026 · source

  • Indiana

    IN
    Medical research

    Psilocybin is illegal for personal use, but HB 1259, signed by Gov. Holcomb in March 2024, created a Therapeutic Psilocybin Research Fund to support Indiana research institutions studying psilocybin for mental-health conditions, with veterans and first responders required in study populations. The fund is now paying for an IU School of Medicine Phase 1/2 trial (NCT07499583) comparing 5, 10, and 25 mg single doses with six weeks of psychotherapy in 50 veterans and first responders with treatment-resistant depression and substance use disorder.

    Legislation

    • HB 1259 (2024)Therapeutic Psilocybin Research Fund; signed Mar 2024; funding IU trial as of Aug 2026.
    Last reviewed 06 Sept 2026 · source

  • Iowa

    IA
    Recent failure

    Psilocybin is illegal. HF 978, which would have created a state-regulated psilocybin therapy program with in-state licensed production and supervised sessions for adults 21+, passed the House 84-6 in April 2025 and cleared the Senate Health and Human Services Committee in March 2026 — narrowed to PTSD patients only and placed under the existing Medical Cannabidiol Advisory Board — but never reached the Senate floor before the 2026 session adjourned in May. Gov. Reynolds had vetoed a narrower FDA-trigger bill in 2025.

    Legislation

    • HF 978 (2025–26)Regulated psilocybin therapy program (PTSD); passed House Apr 2025; cleared Senate committee Mar 2026; died without a Senate floor vote.
    Last reviewed 06 Sept 2026 · source

  • Kansas

    KS
    Recent failure

    Psilocybin is a Schedule I substance. HB 2218, a trigger law that would have moved FDA-approved crystalline polymorph psilocybin to Schedule IV automatically upon federal approval, was amended in the House Health and Human Services Committee but was stricken from the calendar on February 19, 2026 and is dead for the biennium.

    Legislation

    • HB 2218 (2025–26)Trigger law for FDA-approved psilocybin; stricken from calendar Feb 19, 2026.
    Last reviewed 06 Sept 2026 · source

  • Kentucky

    KY
    Illegal

    Psilocybin is a Schedule I substance with no psilocybin-specific reform. Separately, SB 77 (2026) created a $21M-per-year ibogaine research and intellectual-property fund under the Department of Agriculture to partner with a drug developer on clinical trials for substance use disorder; Gov. Beshear vetoed it on April 13, 2026, and the legislature overrode the veto the next day (Senate 31-6, House 77-18). Ibogaine only.

    Legislation

    • SB 77 (2026)$21M/yr ibogaine research fund; veto overridden Apr 14, 2026. Ibogaine only.
    Last reviewed 06 Sept 2026 · source

  • Louisiana

    LA
    Medical research

    Psilocybin is illegal for personal use, but SB 43 (2026) became law as Act 956 after Gov. Landry allowed it to pass without his signature. It establishes a Psychedelic-Assisted Therapy Initiative within the Louisiana Department of Health's Office of Behavioral Health to facilitate clinical research into psilocybin-, ibogaine-, and (via House amendment) MDMA-assisted therapy for treatment-resistant conditions. The program took effect August 1, 2026.

    Legislation

    • Act 956 / SB 43 (2026)Psychedelic-Assisted Therapy Initiative (psilocybin, ibogaine, MDMA); became law without signature; effective Aug 1, 2026.
    Last reviewed 06 Sept 2026

  • Maine

    ME
    Recent failure

    Psilocybin is a Schedule X drug; possession is a Class D crime. Maine came within a vote of decriminalization in June 2025: LD 1034 (Lookner), which would have removed penalties for adults 21+ possessing an ounce or less, passed the House 70-69 and the Senate 17-16, then failed its final enactment votes (House 74-72 against, Senate tied 16-16) and never reached Gov. Mills. No psilocybin bill moved in the 2026 short session. LD 1914 (2023), a regulated therapeutic framework, died in committee.

    Legislation

    • LD 1034 (2025)Personal-possession decriminalization (≤1 oz, 21+); failed final enactment votes June 2025.
    • LD 1914 (2023)Psilocybin therapy framework; died in committee.
    Last reviewed 06 Sept 2026 · source

  • Maryland

    MD
    Medical research

    Psilocybin is illegal for personal use. The Task Force on Responsible Use of Natural Psychedelic Substances, created in 2024, was extended through December 31, 2027 by HB 427 (Chapter 207), signed by Gov. Moore on April 28, 2026 and effective July 1; it adds an HBCU representative and owes an updated report by October 31, 2026. Companion ibogaine research-grant bills (SB 527 / HB 1477) died without committee votes at adjournment.

    Legislation

    • HB 427 (2026)Extends psychedelics task force through Dec 31, 2027; signed Apr 28, 2026.
    • SB 709 (2024)Created the task force + research authorization.
    Last reviewed 06 Sept 2026 · source

  • Massachusetts

    MA
    Active legislation

    Question 4 (Natural Psychedelic Substances Act) was rejected by voters in November 2024, and possession remains a criminal offense statewide. Lawmakers have since revived a narrower approach: the House passed a five-year supervised psychedelic-therapy pilot program, folded into a $561M economic-development bond bill, 148-2 on July 8, 2026. The Senate passed its own version of the bond bill (S.3178) on July 23 without publicly highlighting the pilot, and the two versions are now before a House-Senate conference committee; no final bill had reached Gov. Healey as of early September 2026. No new psychedelics ballot measure is on the November 2026 ballot or in signature-gathering.

    The pilot rider (H.5562, republished as amended H.5576) would let the Dept. of Public Health issue up to three permits to licensed mental-health clinics to administer psilocybin, ibogaine, 5-MeO-DMT, or MDMA to clinically appropriate patients on-site — supervised clinical access only, not retail sale or home cultivation. Two standalone pilot bills are also moving: H.4200 (O'Day; DPH pilot at up to three clinics) and H.2203 (Decker; university-supervised psilocybin-assisted therapy program for adults 21+) were reported favorably by the Joint Committee on Health Care Financing on July 22, 2026 and await House Ways and Means. Earlier, H.2506 (decriminalization for veterans, law enforcement, and qualifying patients) and H.2532 (nonprofit therapeutic-center pilot) advanced from the Joint Committee on Public Health on Dec 24, 2025 — the first time a Massachusetts committee had approved psilocybin-related legislation — but neither has had a floor vote.

    Decriminalized / deprioritized

    Somerville, Cambridge, Northampton, Easthampton, Amherst, Medford, Salem, Provincetown

    Legislation

    • H.5562 / H.5576 / S.3178 (2026)Bond-bill rider: 5-year supervised psychedelic-therapy pilot; passed House 148-2 Jul 8, 2026; Senate passed its version Jul 23; in conference committee.
    • H.4200 / H.2203Standalone DPH pilot + university-supervised psilocybin therapy program; reported favorably by Health Care Financing Jul 22, 2026; awaiting House Ways and Means.
    • H.2506 / H.2532Decrim (veterans/qualifying patients) + nonprofit pilot framework; advanced from committee Dec 2025; no floor vote yet.
    • Question 4 (Nov 2024)Natural Psychedelic Substances Act; rejected by voters, ~43-57.
    Last reviewed 06 Sept 2026 · source

  • Michigan

    MI
    Active legislation

    Psilocybin is illegal at the state level; several cities have passed lowest-priority enforcement resolutions, which do not change state law. HB 4686 (McFall, introduced June 2025) would let adults 18+ with a documented PTSD diagnosis possess up to two ounces of psilocybin mushrooms and grow for personal use; it was referred to the House Families and Veterans Committee and had not received a hearing as of July 2026. Broader entheogen-decriminalization bills (SB 631 lineage) have stalled without votes in successive sessions.

    Decriminalized / deprioritized

    Ann Arbor, Detroit, Hazel Park, Ferndale, Ypsilanti

    Legislation

    • HB 4686 (2025–26)PTSD-patient possession (≤2 oz) and home cultivation; no hearing as of Jul 2026.
    • SB 631 lineageStatewide entheogens decriminalization; stalled without votes.
    Last reviewed 06 Sept 2026 · source

  • Minnesota

    MN
    Active legislation

    Psilocybin is illegal, but 2026 brought the closest call yet. HF 2906 / SF 3971 (Smith) — a regulated therapeutic psilocybin program for adults 21+ with PTSD, depression, substance use disorder, anxiety, or chronic pain, capped at 1,000 participants over three years, with state rescheduling to Schedule IV — was adopted onto the House health omnibus 114-15 in May 2026 but dropped in final House-Senate negotiations. What survived directs the Office of Cannabis Management to complete a feasibility study with a framework report to the Legislature due January 15, 2027. The 2023 Psychedelic Medicine Task Force's recommendations underpin the bill.

    Legislation

    • HF 2906 / SF 3971 (2026)Therapeutic psilocybin program; passed House 114-15 as omnibus amendment; dropped in conference; feasibility study enacted (report due Jan 15, 2027).
    • HF 1884 (2023)Psychedelic Medicine Task Force.
    Last reviewed 06 Sept 2026 · source

  • Mississippi

    MS
    Illegal

    Psilocybin is a Schedule I substance with no psilocybin-specific reform activity. Separately, HB 314 (2026), the Ibogaine Drug Development Clinical Trial Act, was signed by Gov. Reeves in March 2026 and appropriates $5M — contingent on private matching funds — for a state-selected ibogaine clinical-trial consortium. It is the state's first psychedelic-research law but does not touch psilocybin.

    Legislation

    • HB 314 (2026)Ibogaine clinical-trial consortium ($5M, match-contingent); signed Mar 2026. Ibogaine only.
    Last reviewed 06 Sept 2026 · source

  • Missouri

    MO
    Recent failure

    Psilocybin is illegal. HB 1717 (combined with HB 1643) passed the Missouri House 137-11 on April 2, 2026 — the first time a psilocybin bill cleared a chamber there after four years of attempts. It would have directed the Department of Mental Health to fund a $2M study of psilocybin and ibogaine for veterans and first responders with PTSD, depression, substance use disorder, or end-of-life needs, with enrolled participants allowed to possess the drugs under facilitator supervision. A Senate committee substitute reached the informal calendar on May 7 but was never taken up before adjournment in mid-May. Sponsors are expected to refile for 2027.

    Legislation

    • HB 1717 / HB 1643 (2026)$2M state-funded psilocybin + ibogaine study for veterans and first responders; passed House 137-11 Apr 2, 2026; died on the Senate calendar at adjournment.
    Last reviewed 06 Sept 2026 · source

  • Montana

    MT
    Illegal

    Psilocybin is a Schedule I substance; no significant reform activity.

    Last reviewed 06 Sept 2026

  • Nebraska

    NE
    Active legislation

    Psilocybin is a Schedule I substance for personal use, but Nebraska has quietly enacted a trigger-style carve-out: the Uniform Controlled Substances Act now provides that "psilocybin does not include any pharmaceutical composition of crystalline polymorph psilocybin approved by the federal Food and Drug Administration" — language added in 2025 (LB 72) and re-enacted in LB 795, signed March 3, 2026. An FDA-approved product such as COMP360 would therefore be prescribable in Nebraska as soon as federal approval and DEA rescheduling occur, with no further state action.

    Legislation

    • LB 72 (2025) / LB 795 (2026)Schedule I exemption for FDA-approved crystalline polymorph psilocybin; LB 795 signed Mar 3, 2026.
    Last reviewed 06 Sept 2026 · source

  • Nevada

    NV
    Recent failure

    Psilocybin is illegal. SB 242 (2023) created a 15-member Psychedelic Medicines Working Group whose 2024 report recommended reduced penalties and a supervised-use pilot. The follow-on bill, AB 378 (Carter, 2025) — an Alternative Therapy Pilot Program for veterans and first responders using psilocybin, DMT, ibogaine, and mescaline — cleared the Assembly Health committee in April 2025 but died before adjournment. Nevada's legislature does not meet in 2026, so the earliest vehicle is the 2027 session.

    Legislation

    • AB 378 (2025)Alternative Therapy Pilot Program (veterans/first responders); died at 2025 adjournment.
    • SB 242 (2023)Psychedelic Medicines Working Group; report delivered 2024.
    Last reviewed 06 Sept 2026 · source

  • New Hampshire

    NH
    Recent failure

    Psilocybin is a Schedule I substance. HB 1809 (Scherr), rewritten by the House into a bill creating a medical psilocybin advisory board, passed the House on the consent calendar in February 2026 after an 18-0 committee vote, but the Senate voted it "inexpedient to legislate" on May 5, 2026, killing it. HB 1796 (Moffett), a fuller Therapeutic Psilocybin Act, was killed in House committee in February. HB 1772, a $1 ibogaine-consortium placeholder, also did not become law.

    Legislation

    • HB 1809 (2026)Medical psilocybin advisory board; passed House Feb 2026; killed by Senate May 5, 2026.
    • HB 1796 (2026)Therapeutic Psilocybin Act; killed in House committee Feb 2026.
    Last reviewed 06 Sept 2026 · source

  • New Jersey

    NJ
    Medical research

    Psilocybin is illegal for personal use, but Gov. Phil Murphy signed S 2283 / A 3852 on January 20, 2026, his last day in office, creating the Psilocybin Behavioral Health Access and Therapy Pilot Program: $6M split equally among three hospitals (one each in the northern, central, and southern regions) to run FDA-aligned clinical trials of psilocybin-assisted therapy for substance use disorders, depression, anxiety, and end-of-life distress, overseen by a new 11-member Psychedelic Therapy and Research Advisory Board.

    The Department of Health was required to issue a request for proposals to hospitals within 180 days of enactment (by late July 2026), with selection criteria due 60 days after the RFP. No hospital selections had been publicly announced as of September 2026. The roughly two-year pilot is a research vehicle, not a public-access program; the earlier broader bill's decriminalization provisions were dropped.

    Legislation

    • S 2283 / A 3852 (2026)Hospital-based psilocybin therapy pilot ($6M, 3 hospitals) + advisory board; signed by Gov. Murphy Jan 20, 2026.
    Last reviewed 06 Sept 2026 · source

  • New Mexico

    NM
    Medical research

    The Medical Psilocybin Act (SB 219), signed April 2025, made New Mexico the first state to create a medical psilocybin program by legislation rather than ballot measure. It covers treatment-resistant depression, PTSD, substance use disorder, and end-of-life care, administered by the Department of Health. The nine-member Medical Psilocybin Advisory Board is seated, and the Department has accelerated its launch target to December 31, 2026 — a year earlier than the statute required — while drafting rules, training standards, and requirements for treatment centers, clinicians, and producers. No patients have been treated under the program yet.

    Legislation

    • SB 219 (2025)Medical Psilocybin Act; program launch targeted Dec 31, 2026.
    Last reviewed 06 Sept 2026 · source

  • New York

    NY
    Active legislation

    Psilocybin is illegal. The leading bill, the Psilocybin Assisted Therapy Pilot Program Act (A 3845-A / S 1801-A), would appropriate $5M for psilocybin-assisted therapy for up to 10,000 veterans, first responders, and cluster-headache patients through SUNY academic health centers, with legal protections for participating patients and facilitators. It was amended and recommitted to the Assembly Health Committee in January 2026 and did not reach a floor vote before the session ended in June.

    Legislation

    • A 3845-A / S 1801-APsilocybin-assisted therapy pilot (veterans, first responders, cluster headache; $5M); in committee, no floor vote in 2026.
    • A 6453Decriminalization of natural plants and fungi; pending.
    Last reviewed 06 Sept 2026 · source

  • North Carolina

    NC
    Illegal

    Psilocybin is a Schedule I substance. SB 1018, the bipartisan HEAL Act (Chitlik, Brinson, Chesser), would fund $5M in psychedelic-assisted therapy research grants for trauma survivors and create a study task force; it has not been enacted and was left out of the state budget Gov. Stein signed July 7, 2026. No psychedelic law has been enacted in North Carolina.

    Legislation

    • SB 1018 (2026)HEAL Act: $5M research grants + task force; not funded in FY2027 budget; pending.
    Last reviewed 06 Sept 2026 · source

  • North Dakota

    ND
    Active legislation

    Psilocybin mushrooms remain Schedule I for personal use, but SB 2064, signed March 26, 2025 as an emergency measure, placed FDA-approved crystalline polymorph psilocybin (the COMP360 formulation) in Schedule IV of the state code — a trigger law that lets an approved psilocybin medicine be prescribed in North Dakota as soon as the FDA approves it and the DEA reschedules it.

    Legislation

    • SB 2064 (2025)Trigger law: FDA-approved crystalline polymorph psilocybin to Schedule IV; signed Mar 26, 2025.
    Last reviewed 06 Sept 2026 · source

  • Ohio

    OH
    Illegal

    Psilocybin is a Schedule I substance with no statewide decriminalization. HB 249 (2025), a psilocybin-assisted therapy pilot, has not advanced. The legislature's attention has been on ibogaine: a budget-created Ibogaine Treatment Study Committee (chair Rep. Pizzulli) met in May 2026 to weigh whether the next General Assembly should authorize ibogaine in behavioral-health treatment.

    Legislation

    • HB 249 (2025)Psilocybin-assisted therapy pilot; pending, no movement.
    Last reviewed 06 Sept 2026 · source

  • Oklahoma

    OK
    Illegal

    Psilocybin is a Schedule I substance with no psilocybin-specific reform. HB 3834, the Oklahoma Breakthrough Therapy Act, signed by Gov. Stitt on May 12, 2026 (House 68-23, Senate 69-21), lets the State Department of Health contract with drug developers for state-monitored, FDA-track ibogaine clinical trials with dollar-for-dollar private matching. Ibogaine only.

    Legislation

    • HB 3834 (2026)Oklahoma Breakthrough Therapy Act — ibogaine clinical trials; signed May 12, 2026. Ibogaine only.
    Last reviewed 06 Sept 2026 · source

  • Oregon

    OR
    Legal (regulated)

    Measure 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. More than 20,000 people have now accessed licensed services. A study published in JAMA Network Open in August 2026 — the first multisite evaluation of the program — followed 346 participants and found 91.5% reported benefiting a month out, with sustained drops in depression, anxiety, and PTSD symptoms through three months and no major safety signals. HB 4040, signed April 7, 2026, lets graduates of out-of-state facilitator training programs whose curricula meet Oregon's standards (Colorado's already qualify) apply for Oregon licenses from January 1, 2027, and adds occupational and physical therapists to the dual-licensure list. The program is under financial strain: facing budget shortfalls, OHA merged Oregon Psilocybin Services with the medical-marijuana program on September 1, 2026 into a new Psilocybin and Medical Cannabis Section, and proposed fee rules that would double service-center and manufacturer licenses to $20,000 and facilitator licenses to $4,000 are out for public comment through September 21, targeted to take effect January 1, 2027. Roughly half of the 39 service-center licenses issued to date have expired or been surrendered.

    Legislation

    • Measure 109 (2020)Psilocybin Services Act; regulated therapeutic program.
    • Measure 110 (2020) / HB 4002 (2024)Personal-possession decriminalization; partially rolled back 2024.
    • HB 4040 (2026)Out-of-state facilitator training reciprocity (from Jan 1, 2027) + OT/PT dual licensure; signed Apr 7, 2026.
    Last reviewed 06 Sept 2026 · source

  • Pennsylvania

    PA
    Active legislation

    Psilocybin is a Schedule I substance. Reform efforts are narrow and veteran-focused: Sen. Pennycuick (R), an Air Force veteran with PTSD, introduced a two-bill package in December 2025 — including SB 1149, a trigger-style measure that would reschedule psilocybin in Pennsylvania and allow low-dose psilocybin-assisted therapy for veterans with PTSD or treatment-resistant depression once the DEA reschedules it or grants a waiver. The long-running House research bill (HB 1959 lineage, O'Mara/Pennycuick) has stalled in the Health Committee since 2021. None has had a floor vote.

    Legislation

    • SB 1149 (2025–26)Veteran access to psilocybin therapy, contingent on DEA rescheduling; introduced Dec 2025; in committee.
    • HB 1959 lineagePsilocybin research authorization (veterans/first responders); stalled in House Health since 2021.
    Last reviewed 06 Sept 2026 · source

  • Rhode Island

    RI
    Recent failure

    Psilocybin is illegal. Rep. Potter and Sen. Kallman have filed a psilocybin bill every session since 2023 — most recently H 7756 (February 2026), which would have exempted possession, home cultivation, and sharing of under one ounce from the controlled-substances law and directed the Department of Health to write therapeutic-use rules contingent on FDA rescheduling. It was withdrawn at the sponsor's request on April 9, 2026. The 2023 version (H 5923) passed the House but died in the Senate; the 2025 version (H 5186) was held for further study.

    Legislation

    • H 7756 (2026)Personal-use exemption (<1 oz) + conditional therapeutic rules; withdrawn Apr 9, 2026.
    • H 5923 (2023) / H 5186 (2025)Earlier versions; passed House in 2023, died in Senate; held for study in 2025.
    Last reviewed 06 Sept 2026 · source

  • South Carolina

    SC
    Illegal

    Psilocybin is a Schedule I substance; no significant reform activity.

    Last reviewed 06 Sept 2026

  • South Dakota

    SD
    Active legislation

    Psilocybin mushrooms remain Schedule I for personal use, but HB 1099, signed by Gov. Rhoden on March 24, 2026 (House 58-7, Senate 21-12), reclassifies FDA-approved crystalline polymorph psilocybin to Schedule IV under state law — a trigger law that would make an approved psilocybin medicine prescribable in South Dakota once the FDA approves it and the DEA reschedules it. Recreational possession stays illegal.

    Legislation

    • HB 1099 (2026)Trigger law: FDA-approved psilocybin to Schedule IV; signed Mar 24, 2026.
    Last reviewed 06 Sept 2026 · source

  • Tennessee

    TN
    Illegal

    Psilocybin is a Schedule I substance with no psilocybin-specific reform. The HOPE (Helping Open Pathways to Effective) Treatment Act, SB 2149 / HB 2075, signed by Gov. Lee on May 27, 2026 as Public Chapter 1119 (Senate 31-1, House 84-1), authorizes Tennessee research institutions to join federally authorized ibogaine clinical trials under an FDA investigational new drug authorization; council appointments were due September 1, 2026. Ibogaine only.

    Legislation

    • SB 2149 / HB 2075 (2026)HOPE Treatment Act — ibogaine clinical trials; Public Chapter 1119, signed May 27, 2026. Ibogaine only.
    Last reviewed 06 Sept 2026 · source

  • Texas

    TX
    Medical research

    HB 1802 (2021) authorized psilocybin clinical research for PTSD, targeting veterans — the first state investment in psychedelic research. SB 2308 (2025) added a $50M ibogaine clinical-trial consortium; after no qualifying private partner materialized, state leaders announced in March 2026 that Texas would fully fund the trials itself at $100M, led by UTHealth Houston with UTMB Galveston. Psilocybin remains fully illegal for personal use.

    Legislation

    • HB 1802 (2021)Veteran-focused PTSD psilocybin research program.
    • SB 2308 (2025)Ibogaine clinical-trial consortium; state-funded at $100M as of Mar 2026. Ibogaine only.
    Last reviewed 06 Sept 2026 · source

  • Utah

    UT
    Medical research

    SB 266 (2024) established a pilot program allowing qualifying hospitals to administer psilocybin under controlled conditions. HB 390 (2026), signed by Gov. Cox on March 19, 2026, adds a $1M state-funded clinical study at the Huntsman Mental Health Institute (University of Utah) of psychedelic-assisted therapy — naming psilocybin, MDMA, and 5-MeO-DMT — for veterans with treatment-resistant PTSD, run under an FDA investigational new drug application and DEA research registration. Neither law opens public access.

    Legislation

    • HB 390 (2026)State-funded veterans PTSD psychedelic-therapy study at Huntsman Mental Health Institute ($1M); signed Mar 19, 2026.
    • SB 266 (2024)Psilocybin pilot program at participating hospitals.
    Last reviewed 06 Sept 2026 · source

  • Vermont

    VT
    Active legislation

    Psilocybin is illegal. The Psychedelic Therapy Advisory Working Group created by the 2024 Legislature (and expanded by S.106 in 2025) delivered its final report in late 2025, including a proposed psilocybin-assisted therapy pilot for end-of-life and serious-illness care. H.859 (Cina, February 2026) would have turned that into a standing Psychedelic Therapy Advisory Board and directed the Department of Health to contract for ibogaine clinical trials using opioid-abatement funds; it was referred to the House Health Care Committee on February 3, 2026 and saw no further action before adjournment.

    Legislation

    • H.859 (2026)Psychedelic Therapy Advisory Board + ibogaine trial contract; referred to committee Feb 3, 2026; no action.
    • S.106 (2025) / S.114 (2023)Psychedelic Therapy Advisory Working Group; final report late 2025.
    Last reviewed 06 Sept 2026 · source

  • Virginia

    VA
    Active legislation

    Psilocybin remains fully illegal for personal use, but Gov. Spanberger signed HB 1347 and SB 379 (Boysko) on April 8, 2026 — a trigger law directing the Board of Pharmacy to reschedule any FDA-approved, clinician-administered psilocybin formulation to match federal status once the FDA and DEA act. It creates no service centers and changes nothing today; it only pre-positions state law to follow federal approval automatically.

    A near-identical 2025 bill, SB 1135, was vetoed by then-Gov. Youngkin on April 2, 2025, who called it premature ahead of FDA/DEA action. Boysko's 2026 version passed under new Gov. Spanberger. Multiple decriminalization and research bills (SB 932, HB 898) have stalled in recent sessions.

    Legislation

    • HB 1347 / SB 379 (2026)Trigger law: automatic Board of Pharmacy rescheduling upon FDA approval; signed by Gov. Spanberger Apr 8, 2026.
    • SB 1135 (2025)Earlier version of the same concept; vetoed by then-Gov. Youngkin Apr 2, 2025.
    • SB 932 / HB 898Decrim / research framework; stalled.
    Last reviewed 06 Sept 2026 · source

  • Washington

    WA
    Active legislation

    Psilocybin is illegal at the state level; Seattle, Port Townsend, Olympia, and King County have deprioritized enforcement. SB 5263 (2023) created a Psilocybin Services Task Force — whose 2024 report recommended an Oregon-style licensed-facilitator model — and a scaled-down University of Washington psilocybin therapy pilot for veterans and first responders. SB 5921 (Salomon), the Washington Medical Psilocybin Act, which would have let clinicians prescribe naturally derived psilocybin to patients 18+ from 2028, cleared its policy committee but died in Ways & Means at the February 9, 2026 cutoff.

    Decriminalized / deprioritized

    Seattle, Port Townsend, Olympia, King County (Mar 2026)

    Legislation

    • SB 5921 (2026)Washington Medical Psilocybin Act; died in Ways & Means Feb 2026.
    • SB 5263 (2023)Task force (reported 2024) + UW pilot for veterans/first responders.
    Last reviewed 06 Sept 2026 · source

  • West Virginia

    WV
    Active legislation

    Psilocybin mushrooms remain Schedule I for personal use, but SB 906 — a trigger law permitting lawful prescription and dispensing of an FDA-approved crystalline polymorph psilocybin product once federal approval and rescheduling occur — passed the Senate February 27 and the House March 14, 2026, was signed by Gov. Morrisey on March 27, 2026 (Chapter 249), and took effect June 12, 2026. A separate ibogaine research-grant bill, HB 4626, was vetoed in April 2026 over its unfunded, open-ended grant mandate.

    Legislation

    • SB 906 (2026)Trigger law for FDA-approved psilocybin; signed Mar 27, 2026; effective Jun 12, 2026.
    • HB 4626 (2026)Ibogaine drug-development grant program; vetoed Apr 2026.
    Last reviewed 06 Sept 2026 · source

  • Wisconsin

    WI
    Illegal

    Psilocybin is a Schedule I substance. A 2023 bipartisan bill to fund a UW psilocybin PTSD trial for veterans never passed, and no psilocybin bill was filed before the Legislature adjourned in February 2026. Federally authorized research continues at UW–Madison's Transdisciplinary Center for Research in Psychoactive Substances, and Madison-based Usona Institute holds one of the FDA's April 2026 priority vouchers.

    Last reviewed 06 Sept 2026

  • Wyoming

    WY
    Illegal

    Psilocybin is a Schedule I substance; no significant reform activity.

    Last reviewed 06 Sept 2026

  • District of Columbia

    DC
    Illegal

    Psilocybin 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.
    Last reviewed 06 Sept 2026

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.

Two private members’ bills now target the SAP bottleneck directly. Bill C-265 (Marcus Powlowski, Liberal; introduced 11 March 2026) would require the Minister to maintain a list of pre-approved SAP drugs, drop the requirement to exhaust other treatments first, and allow real-world clinical evidence to count; it passed second reading and is before the House health committee. Bill C-286, “Thomas’ Bill” (Corey Tochor, Conservative; introduced 16 June 2026 and named for the late Thomas Hartle, the first Canadian granted legal psilocybin therapy), would go further by rescheduling psilocybin so physicians could prescribe it without case-by-case approval and by directing priority review; it has had first reading only. Private members’ bills rarely become law, but these are the first federal bills aimed squarely at psilocybin access.

§ 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 September 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 September 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 September 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

Canada

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