The CodexField ManualLegal 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
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.
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, 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
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 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
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 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
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, King County (Mar 2026)
Legislation
Jurisdiction
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.
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.
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.
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.
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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