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

  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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

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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