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.

⚠ 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

  • 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
  • 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
  • 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
  • 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 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
  • 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
  • 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
  • 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

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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