The CodexField ManualLegal Status
Federal law, state-by-state status, 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 24 Apr 2026.
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.
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.
Psilocybin 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
Psilocybin is illegal; therapeutic-framework bills have been introduced in successive sessions.
Legislation
Psilocybin is illegal; therapeutic-access legislation has been introduced in multiple sessions.
Legislation
Psilocybin is illegal; the CURE Act proposes a decriminalization and therapeutic-use framework.
Legislation
Psilocybin 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
Established a Psychedelic Medicine Task Force (2023); framework legislation pending in subsequent sessions.
Legislation
Psilocybin is illegal. HB 1830 proposed a therapeutic-access pilot for veterans; pending in successive sessions.
Legislation
AB 81 (2023) established a psilocybin working group to study therapeutic access; follow-on legislation pending.
Legislation
S 2283 proposes a regulated therapeutic framework and personal-possession reduction.
Legislation
Psilocybin is illegal. Multiple therapeutic-framework bills have been introduced in successive sessions.
Legislation
Decriminalization and therapeutic-access legislation has been introduced in successive sessions.
Legislation
Psychedelic-therapy framework bills have been introduced in successive sessions.
Legislation
Psilocybin is illegal at the state level. Seattle deprioritized enforcement (2021); a therapeutic-access task force has been convened.
Decriminalized / deprioritized
Seattle, Port Townsend, Olympia
Legislation
For verification and real-time updates, the trackers below are the standard references. They are independently maintained and track bill progress, municipal reforms, and new research programs faster than this page can.
The codex is maintained by its readers. If an entry on this page is out of date or wrong, the state cards are editable by community contribution — send corrections with a citation.