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, United States

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.

§ 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.

§ 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

  • Maine

    ME
    Recent failure

    LD 1914 (2023), which would have established a regulated therapeutic framework, did not advance.

    Legislation

    • LD 1914 (2023)Psilocybin therapy framework; died in committee.
    Last reviewed 24 Apr 2026
  • Massachusetts

    MA
    Recent failure

    Question 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.
    Last reviewed 24 Apr 2026
  • Virginia

    VA
    Recent failure

    Multiple decriminalization and research bills (SB 932, HB 898) have been introduced in recent sessions without advancing.

    Legislation

    • SB 932 / HB 898Decrim / research framework; stalled.
    Last reviewed 24 Apr 2026

§Authoritative Trackers

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.