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

  • Colorado

    CO
    Legal (regulated)

    Proposition 122 (2022) legalized personal possession for adults 21+ and established a regulated therapeutic program, implemented starting 2024.

    The Natural Medicine Health Act created a state-licensed framework for supervised administration of psilocybin (and, on a later timeline, other natural-medicine substances) at healing centers.

    Legislation

    • Proposition 122 (2022)Natural Medicine Health Act; regulated therapeutic program + personal possession.
    Last reviewed 24 Apr 2026
  • Oregon

    OR
    Legal (regulated)

    Measure 109 (2020) established a regulated therapeutic framework; licensed administration has been operational since 2023. Measure 110 decriminalized personal possession of small amounts in 2020 (later partially rolled back in 2024).

    Oregon's Psilocybin Services program, administered by the Oregon Health Authority, licenses facilitators and service centers. Measure 110's decriminalization of personal possession was scaled back by HB 4002 in 2024, but therapeutic access under Measure 109 continues.

    Legislation

    • Measure 109 (2020)Psilocybin Services Act; regulated therapeutic program.
    • Measure 110 (2020) / HB 4002 (2024)Personal-possession decriminalization; partially rolled back 2024.
    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.