Magic Mushroom (Psilocybin) Laws by State: 2026 Guide

Magic mushrooms are illegal under federal law: psilocybin and psilocyn are Schedule I controlled substances under 21 CFR 1308.11(d)(29)-(30), and simple possession is a federal misdemeanor under 21 U.S.C. 844(a). Every state and the District of Columbia also controls them, and only a few state laws change that for some people: Colorado's Natural Medicine Health Act for adults 21 and older, Oregon's licensed psilocybin services program, and a New Mexico medical program that was not yet enrolling patients in October 2026.

This guide explains the federal layer in full, compares possession and sale penalties in all 50 states and D.C. in one table, and groups the states by approach. Each row links to a state guide with the statutes, penalty ranges and recent changes.

Information last verified on 2026-10-11. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This guide covers the federal status of psilocybin and psilocyn (21 CFR 1308.11, 21 U.S.C. 844, Executive Order 14401, FDA actions, the Right to Try Act and the National Park Service rule in 36 CFR 2.35) and summarizes the state statutes in all 50 states and the District of Columbia; each state's details and citations are on its linked guide. It does not cover city or county ordinances beyond the measures named, tribal law, military law, employer or school policies, or other psychedelic substances except where a state law groups them with psilocybin. It describes legal status only and gives no guidance on use.

What psilocybin and psilocyn mean in the law

Psilocybin and psilocyn are the two compounds that drug laws name when they reach so-called magic mushrooms. Some statutes spell the second one "psilocin," and several state guides note both spellings. Federal Schedule I lists them under DEA codes 7437 (psilocybin) and 7438 (psilocyn).

The mushroom itself is covered through the listing's scope. 21 CFR 1308.11(d) reaches "any material, compound, mixture, or preparation, which contains any quantity" of a listed hallucinogenic substance. The federal section names no mushroom, spore or fungus; only the two compounds appear.

Most states copy that structure. They list the compounds by name, in Schedule I or its local equivalent, with the same "any quantity" language. A few states use their own labels:

• Texas places psilocybin and psilocin in Penalty Group 2 (Health and Safety Code 481.103).
• Maine lists them as Schedule X drugs (17-A M.R.S. 1102), and Massachusetts as Class C substances (M.G.L. c. 94C, s. 31).
• Alaska lists them in Schedule IIA (AS 11.71.150).
• Tennessee lists each one as a "constituent of magic mushrooms" (Tenn. Code Ann. 39-17-406(d)).
• Kentucky, Maryland, New Hampshire and Rhode Island reach psilocybin by adopting the federal Schedule I designations rather than printing their own entries, and Oregon's Board of Pharmacy rule incorporates a fixed edition of the federal list.

Weight rules matter for anyone charged. In many states, including Arkansas, Mississippi, Oregon, Texas, Wisconsin and Minnesota, the weight that sets the offense level counts the whole mixture or material, not just the psilocybin in it; each state guide gives the statute.

Federal law on psilocybin

Federal law treats psilocybin the same way in every state. The points below describe the federal position as of October 2026.

Schedule I status

Psilocybin and psilocyn are Schedule I hallucinogenic substances under 21 CFR 1308.11(d)(29)-(30). No DEA or HHS notice, proposed rule or final rule moving psilocybin out of Schedule I had been published in the Federal Register through October 11, 2026. The other DEA documents that mention psilocybin are routine registrant application and production-quota notices and a September 23, 2026 proposed rule to place five other tryptamines in Schedule I, which does not change psilocybin's listing.

Federal law still lists psilocybin in Schedule I in states with their own programs, including Oregon, Colorado and New Mexico. A state exemption changes state law only.

Federal possession penalty

Under 21 U.S.C. 844(a), simple possession of a controlled substance is a misdemeanor for a first offense, punishable by up to 1 year in prison, a minimum fine of $1,000, or both; after a prior drug conviction the range rises to 15 days to 2 years and a minimum $2,500 fine. The statute draws no weight distinction for psilocybin.

Executive Order 14401 (April 2026)

Executive Order 14401, signed April 18, 2026 and published at 91 FR 21709, is a policy directive. Its main directives:

• FDA is to give Commissioner's National Priority Vouchers to appropriate psychedelic drugs that have Breakthrough Therapy designation and meet the voucher program's criteria.
• FDA and DEA are to establish a pathway for eligible patients to access psychedelic drugs under the Right to Try Act, "including any necessary Schedule I handling authorizations for treating physicians and researchers."
• The Attorney General is to review any product containing a Schedule I substance that has completed Phase 3 trials for a serious mental health disorder, "so that rescheduling, if appropriate under 21 U.S.C. 811, may proceed as quickly as practicable for such specific products that are ultimately approved under section 505 of the Federal Food, Drug, and Cosmetic Act."
• HHS is to allocate at least $50 million from existing funds, through the Advanced Research Projects Agency for Health, to support and partner with state governments that have enacted or are developing programs to advance psychedelic drugs for serious mental illnesses (Sec. 3). Federal funding of that kind does not change federal or state criminal law.
• HHS and FDA are to work with the Department of Veterans Affairs and, as appropriate, the private sector on clinical trial participation and data sharing for psychedelic drugs (Sec. 4).

The order does not reschedule psilocybin. Section 6(c) states that it "is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person." No implementing DEA or FDA Right to Try pathway document had appeared in the Federal Register as of October 11, 2026.

FDA actions: vouchers, designations, guidance and a hearing

FDA states that in April 2026 it issued national priority vouchers to companies studying psilocybin for treatment-resistant depression and for major depressive disorder. It has also granted Breakthrough Therapy designation to psilocybin programs for treatment-resistant depression (2018) and major depressive disorder (2019). In FDA's own words in its July 14, 2026 hearing notice, "Neither national priority voucher issuance nor Breakthrough Therapy designation constitutes an FDA determination of safety or effectiveness, and neither is a substitute for marketing approval."

That notice scheduled a public hearing for September 14, 2026 on potential future therapeutic use of psychedelic drugs in supervised settings, with comments accepted until October 5, 2026. It is a request for input, not an approval or rule.

The same day, FDA announced a final guidance for industry, "Psychedelic Drugs: Considerations for Clinical Investigations," finalizing the June 26, 2023 draft. It addresses trial design for drug sponsors. A separate federal request for information, with comments due August 13, 2026, asked about training and care models for any future FDA-approved psychedelic drugs. Both are planning steps.

No FDA-approved psilocybin drug

No psilocybin drug product had FDA approval as of October 2026. COMPASS Pathways, whose psilocybin candidate COMP360 is named in North Dakota's Schedule IV, told investors in its quarterly report for the period ended June 30, 2026 that FDA's rolling review of its new drug application was ongoing, that it had no product approved for sale, and that COMP360 must be rescheduled before it can be sold in the United States. In its August 5, 2026 earnings release the company said it expected to complete the rolling submission in the fourth quarter of 2026.

That last point matters for the state trigger laws described below. FDA approval by itself would not change Schedule I; a separate federal scheduling action is also needed, and Executive Order 14401 only directs a review.

Right to Try, national parks and religious-use claims

Right to Try. The federal Right to Try Act, 21 U.S.C. 360bbb-0a, covers an eligible investigational drug for an eligible patient with a life-threatening disease and exempts it from certain FDA approval requirements. Its text contains no provision on Schedule I, controlled substances or the DEA, so the statute does not by its terms lift Schedule I restrictions. Executive Order 14401 is where a DEA handling pathway is directed, and none had appeared in the Federal Register as of October 11, 2026.

National parks. On National Park Service land, 36 CFR 2.35 prohibits delivering a controlled substance except by a practitioner under applicable law, and possessing one unless the possessor obtained it directly or by valid prescription from a practitioner "or otherwise allowed by Federal or State law." A state exemption does not change federal law: possession on park land remains a federal offense under 21 U.S.C. 844. Being in a park area under the influence of a controlled substance to a degree that may endanger is a separate violation. This rule covers National Park Service areas only; national forests and other federal lands have their own rules.

Religious-use claims. The federal Religious Freedom Restoration Act lets a person raise a substantial burden on religious exercise as a claim or defense against the federal government or the government of the District of Columbia or a U.S. territory (42 U.S.C. 2000bb-1(c), 2000bb-2); it does not apply to state prosecutions, which turn on each state's own law. The Supreme Court applied it to a Schedule I hallucinogen in Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal (2006), a case about hoasca tea containing DMT. That decision concerned DMT, and this guide does not treat it as a rule for psilocybin.

Psilocybin laws by state: comparison table

Each row summarizes the linked state guide. "Lowest tier" is the possession offense for a small amount and a first offense; most states have higher tiers for larger amounts, repeat offenses, school zones and minors. "Program, reform or trigger law" lists only what is in force unless the cell says a bill is pending or failed. Federal law applies in every row.

How states approach psilocybin

The states fall into a handful of patterns. A state can appear in more than one.

Regulated adult access: Oregon and Colorado

Oregon runs the oldest licensed system. The Oregon Psilocybin Services Act (ORS chapter 475A, Ballot Measure 109 of 2020) exempts licensed manufacture, delivery and possession. A client may purchase, possess and consume a psilocybin product only at a licensed service center under a licensed facilitator, and licensees may not sell to anyone under 21. The Oregon Health Authority administers the program.

Outside that system, Oregon possession is still a crime under ORS 475.752, graded by weight from a drug enforcement misdemeanor below 12 grams to a Class B felony at 60 grams or more. Cities and counties may refer measures to their voters to prohibit licensed manufacturers or service centers (ORS 475A.718), but state law still applies everywhere in Oregon. The Health Authority dropped its 2026 proposed fee increases on September 22, 2026 and plans new program rules with a planned effective date of January 15, 2027.

Colorado goes further for personal conduct. Psilocybin and psilocyn stay on Colorado's Schedule I (C.R.S. 18-18-203), but the Natural Medicine Health Act (Proposition 122 of 2022) exempts defined conduct. Under C.R.S. 18-18-434(5)(a), "Unless expressly limited by this section, article 170 of title 12, or article 50 of title 44, a person who, for the purpose of personal use and without remuneration, possesses, consumes, shares, cultivates, or manufactures natural medicine or natural medicine product, does not violate state law, or county, municipality, or city and county ordinance, rule, or resolution." Natural medicine there means DMT, mescaline, ibogaine, psilocybin or psilocin.

The exemption has limits. A person under 21 who knowingly possesses or consumes natural medicine commits a drug petty offense, open and public display or consumption is also a drug petty offense, cultivation beyond the section's area and locked-space limits is a drug petty offense, unlicensed manufacture of a natural medicine product with an inherently hazardous substance is a level 2 drug felony, and selling for remuneration falls outside the exemption except inside the state-licensed system. Licensed facilitators and licensed healing centers, overseen by the Division of Professions and Occupations, serve participants 21 and older.

HB 26-1325, signed June 4, 2026, amended 18-18-434 effective August 12, 2026, adding bans on advertising natural medicine and on using harm reduction or support services to conduct sales. The 2026 Colorado Revised Statutes note that a referendum petition was filed against its amendment to the personal-use definition, and the certified November 3, 2026 ballot lists no natural medicine measure. The Colorado guide tracks that open question.

A state medical program: New Mexico

New Mexico's Medical Psilocybin Act (SB 219, Laws 2025, chapter 73, effective June 20, 2025) creates a Department of Health program. Producers, clinicians and qualified patients may not be arrested, prosecuted or penalized for participating in it.

The statute requires the department to implement the program by December 31, 2027 (Section 26-2D-7(C)); the department's program page gives an earlier target of December 31, 2026, and the statute controls. As of October 11, 2026, the patient enrollment rule (7.35.3 NMAC) was still a proposed rule after an October 2, 2026 hearing. Outside the program, possessing any amount is a misdemeanor under Section 30-31-23(D).

Supervised treatment, therapy pilots and research laws

Several states authorize narrow, supervised programs that do not legalize possession for anyone outside them:

• Utah. A 2024 law lets qualifying health care systems run supervised behavioral-health treatment programs using psilocybin or MDMA that is in FDA Phase 3 testing, for patients 18 and older (Utah Code 58-37-309). It is repealed July 1, 2027. A 2026 law directs the Huntsman Mental Health Institute to run a veterans clinical study of psychedelic-assisted therapy if funding is sufficient (26B-7-126).
• Connecticut. The Department of Mental Health and Addiction Services pilot (Conn. Gen. Stat. 17a-484g) is run by a medical school within an FDA-approved research program for qualified patients 18 and older. Public Act 26-108, effective July 1, 2026, removed the pilot's 2023 start deadline and broadened who qualifies.
• New Jersey. P.L. 2025, c. 296, approved January 20, 2026, establishes a Psilocybin Behavioral Health Access and Therapy Pilot Program in the Department of Health, which is to select one qualified hospital in each of three regions, and appropriates $6 million.
• Washington. RCW 19.410.010 creates a University of Washington psilocybin therapy services pilot, funded in the 2025-27 budget, offered only through FDA-approved pathways to people 21 or older with PTSD, mood disorders or substance use disorders.
• Louisiana. Act 956 of 2026, effective August 1, 2026, created a Psychedelic-Assisted Therapy Initiative in the Louisiana Department of Health for clinical studies.
• Indiana. The therapeutic psilocybin and ibogaine research fund (IC 12-21-9) pays for studies at qualifying research institutions.
• California. The code's current lawful routes are approved research, through the Research Advisory Panel (Health and Safety Code 11213 and 11392). Section 11150.3 would also authorize an FDA-approved psilocybin product prescribed and dispensed in accordance with federal law if federal law moves it out of Schedule I or exempts it.

Study bodies are a step short of that. Maryland's Task Force on Responsible Use of Natural Psychedelic Substances runs through December 31, 2027, with an updated report due by October 31, 2026. Minnesota's Psychedelic Medicine Task Force recommended a therapy program and decriminalization in its January 1, 2025 report, but no bill to do either has been enacted. Massachusetts's 2024 HERO Act required a veterans working group to study psychedelic therapy and report by January 1, 2025; it created no program and changed no penalty. Alaska's 2024 task force and Vermont's 2024 working group have ended, and Texas's 2021 veterans study law (H.B. 1802) expired September 1, 2025.

FDA-approval trigger laws

A trigger law changes how one product is scheduled once federal conditions are met. The 9 psilocybin-specific trigger laws are written for an FDA-approved psilocybin drug product, usually "crystalline polymorph psilocybin," and none reaches mushrooms or other psilocybin:

• Arizona: Laws 2025, ch. 231 (SB 1555) lets an FDA-approved, federally rescheduled crystalline polymorph psilocybin medicine be prescribed, but only if its federal conditions are met on or before January 1, 2031.
• Colorado: HB 25-1063 excludes from the Schedule I entry an FDA-approved crystalline polymorph psilocybin product placed on a federal schedule other than Schedule I and dispensed by a registered pharmacy. SB 26-031, effective August 12, 2026, adds a broader rule not limited to the polymorph form: an FDA-approved prescription drug product that the DEA reschedules outside Schedule I, or exempts, is excluded from Colorado Schedule I when dispensed by a Colorado-registered pharmacy or prescription drug outlet or administered by a practitioner, and the change takes effect automatically on the federal effective date (C.R.S. 18-18-203(3)(a), (c)). It does not apply to natural medicine.
• Georgia: Section 3 of H.B. 382 (2026) would exclude an FDA-approved crystalline polymorph psilocybin drug from Schedule I, effective only on FDA approval and federal scheduling.
• Mississippi: SB 2056, effective July 1, 2026, places an FDA-approved crystalline polymorph psilocybin drug on the matching state schedule automatically once the DEA schedules it.
• Nebraska: LB 72 of 2025, in effect since September 3, 2025, excludes "any pharmaceutical composition of crystalline polymorph psilocybin approved by the federal Food and Drug Administration" from Schedule I and lists it in Schedule IV (Neb. Rev. Stat. 28-405, Schedule IV(g)).
• North Dakota: Schedule IV lists a pharmaceutical composition "known as COMP360 or any such trade name approved for COMP360" by the FDA (N.D.C.C. 19-03.1-11(7)), an entry that took effect March 26, 2025.
• South Dakota: HB 1099, signed March 10, 2026 and effective July 1, 2026, lists an FDA-approved crystalline polymorph psilocybin drug product in Schedule IV.
• Virginia: Two identical 2026 acts, Chapters 305 and 306, in effect since July 1, 2026, direct the Board of Pharmacy to reschedule an FDA-approved, clinician-administered psilocybin formulation after a federal scheduling order.
• West Virginia: SB 906, effective June 12, 2026, added an FDA-approval trigger in W. Va. Code 60A-2-201(g) for psilocybin drugs that the FDA approves and the DEA reschedules.

California, Oklahoma, Tennessee and Utah have general rules for FDA-approved drug products that a federal action places in a new schedule or exempts, which would reach an approved psilocybin product along with others: California's Health and Safety Code 11150.3, Oklahoma's 63 O.S. 2-204(H), Tennessee's Public Chapter 1008 (2026) and Utah's 58-37-108(3). Bills on the same pattern failed or stalled elsewhere: Iowa's Governor vetoed HF 383 on June 11, 2025, Kansas's HB 2218 was stricken from the House calendar on February 19, 2026, and Pennsylvania's SB 1149 and HB 1439 remain in committee.

Because no psilocybin drug product had FDA approval as of October 2026, none of these triggers has operated. Most states also have a general rule for following a federal scheduling change, and the mechanisms differ. In Ohio a federal change is automatically effected in the state schedules (R.C. 3719.43), and in Kentucky a substance designated or rescheduled under the federal Controlled Substances Act is controlled in the same numerical schedule (KRS 218A.020(3)(a)) unless the Cabinet for Health and Family Services amends its regulation to keep it in a more restrictive schedule (218A.020(3)(b)). In many states, including Illinois, Maryland, Nevada, New Hampshire, New Jersey, North Dakota, Rhode Island, Tennessee, Texas and Wyoming, a state official or board is to follow a federal change unless it objects; in Texas that rule reaches the state schedules, not the Penalty Group listing the Legislature wrote. Indiana follows a federal move to a less restrictive schedule, but a Board of Pharmacy objection delays it until the end of the next complete General Assembly session (IC 35-48-2-1(e)). South Carolina's Department of Public Health director must make the matching change within 30 days (S.C. Code 44-53-160(C), as amended in 2026), and New York's Health Commissioner must reclassify, by regulation, a product that federal law moves out of Schedule I (Public Health Law 3307(5)). In Delaware, the District of Columbia and Florida an official may follow a federal change by rule but is not required to, and Oregon's Board of Pharmacy ordinarily carries federal changes into its rule. Oklahoma's definition of a controlled dangerous substance takes in any substance listed as federally controlled, but a conflict over which schedule applies "shall be resolved in favor of state law" (63 O.S. 2-101(11)), so apart from the 2-204(H) clause for FDA-approved drugs, a federal move to a lower schedule would leave psilocybin in Oklahoma's Schedule I. In Louisiana, neither R.S. 40:961 nor 40:962 automatically moves a substance named in R.S. 40:964 when the DEA reschedules it; the secretary may transfer it to conform with the DEA schedule or delete it by rule (40:962(D), (I)), and until the secretary or the Legislature acts, a federal change would leave psilocybin in Louisiana Schedule I. A federal rescheduling would flow into each state's law only under the mechanism its state guide describes, and none has been triggered.

Lowest-priority measures and D.C.'s Initiative 81

Lowest-priority measures ask police or prosecutors to deprioritize cases. They do not change the underlying offense:

• District of Columbia. Initiative 81 (D.C. Law 23-268, effective March 16, 2021) directs the Metropolitan Police Department to treat investigation and arrest of adults 18 and older for non-commercial conduct involving entheogenic plants and fungi as among its lowest enforcement priorities. It did not change any penalty in D.C. Code 48-904.01, does not cover commercial activity or people under 18, and leaves impaired-driving and drug-free-zone enforcement unaffected. The law still applies, and so does federal law.
• Ann Arbor, Michigan. A September 21, 2020 City Council resolution declared enforcement involving entheogenic plants the city's lowest priority. State law still applies in Ann Arbor and everywhere else in Michigan.
• King County, Washington. Motion 16962 (March 24, 2026) asks that arrest and prosecution of adults 21 and older for limited noncommercial possession and cultivation of naturally occurring entheogens be among the county's lowest enforcement priorities. It does not change state law, which still applies.

New Jersey took a different route by statute. Since February 4, 2021, possession of one ounce or less of psilocybin has been a disorderly persons offense rather than a crime under P.L. 2021, c. 9. Larger amounts, sale and manufacturing remain crimes.

Felony states and misdemeanor states

Penalties for a first, small-amount possession offense split sharply.

Felony at any amount (18 states): Alabama, Arizona, Arkansas, Florida, Georgia, Hawaii, Illinois, Louisiana, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Carolina, Ohio, South Dakota, Texas and Virginia. In Louisiana every tier allows imprisonment at hard labor, which meets the state's felony definition, and Montana sets a state-prison term of up to 5 years, which is a felony under its definition when such a sentence is imposed. Some of these states soften the result for first offenders: Arizona courts may enter a class 1 misdemeanor on the state's motion for some first offenders, Nevada courts must defer judgment for many first and second offenders who consent, and Montana presumes a deferred imposition of sentence for a first violation.

Misdemeanor or lesser offense at the lowest tier (27 states plus D.C.): Alaska, Connecticut, Delaware, Idaho, Indiana, Iowa, Kansas, Kentucky, Maryland, Michigan, Minnesota, Mississippi, New Jersey, New Mexico, New York, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, West Virginia and Wyoming, and the District of Columbia. Many of these add felony tiers by weight (Delaware, New York, Oregon, Rhode Island, Wyoming), for repeat offenses (North Dakota, Oklahoma, Utah) or for school zones (Indiana, New Mexico).

Lowest tier stated as a jail range rather than a felony or misdemeanor class (4 states): California, Maine, Massachusetts and Wisconsin. California sets up to 1 year in county jail, Maine a Class D crime with imprisonment of less than one year, Massachusetts up to 1 year, and Wisconsin up to 1 year for a first conviction, with a second conviction a Class I felony.

Personal-use exemption (1 state): Colorado, for people 21 and older acting without remuneration.

Ibogaine laws are not psilocybin laws

Several 2025 and 2026 laws that appear in psychedelic headlines concern ibogaine only. Kentucky's 2026 ibogaine act (SB 77) creates a research fund that does not mention psilocybin, Mississippi's HB 314 is an ibogaine clinical-trial act, Oklahoma's Breakthrough Therapy Act (HB 3834, effective November 1, 2026) covers ibogaine only, Tennessee's 2026 HOPE Treatment Act concerns ibogaine, and Texas's 2025 ibogaine consortium law (S.B. 2308) does not cover psilocybin. Ohio's Ibogaine Treatment Study Committee likewise creates no exception to Ohio's drug laws.

Spores and growing: the legal exposure

Spores do not contain psilocybin, and most state statutes do not mention them. That silence is not permission. The state guides each describe the statute's reach without treating spores as legal. Three states address spores directly:

• Idaho lists "spores or mycelium capable of producing mushrooms that contain psilocybin or psilocin" in Schedule I (Idaho Code 37-2705(d)(34)), so the possession and delivery offenses can be charged for them as for psilocybin.
• California punishes cultivating spores or mycelium with intent to produce psilocybin, and selling or transporting them to facilitate that cultivation, by up to one year in county jail or 16 months, two or three years (Health and Safety Code 11390 and 11391).
• Florida made it a first-degree misdemeanor, effective July 1, 2025, to transport, import, sell, furnish or give away spores or mycelium capable of producing mushrooms that will contain psilocybin or psilocyn (Fla. Stat. 500.75). Possession is not among the acts that section lists.

Growing mushrooms that contain psilocybin is a separate exposure. Many states define manufacture or production to include propagation, planting, cultivating, growing or harvesting, so growing can be charged as manufacturing, often a serious felony. Arizona, Iowa, Michigan, New Jersey, North Carolina, Ohio, Oklahoma, South Carolina, Utah and West Virginia are examples, and Indiana treats manufacturing, which includes growing mushrooms that contain psilocybin, as an enhancing circumstance. Colorado's personal-use exemption lists cultivating and manufacturing for personal use without remuneration, within limits in the same section: cultivation over a 12-by-12-foot area, or outside an enclosed and locked space, on private property can be a drug petty offense, and manufacturing a natural medicine product with an inherently hazardous substance without a state license is a level 2 drug felony (C.R.S. 18-18-434(3), (4)). Oregon exempts manufacture only by licensees.

Driving after psilocybin

Impaired-driving laws reach drugs as well as alcohol. The state guides give examples: Montana's DUI law covers driving under the influence of "any drug" (MCA 61-8-1002(1)(a)), New Hampshire's covers impairment by any controlled drug (RSA 265-A:2, I(a)), and New Jersey's covers hallucinogenic drugs (N.J.S.A. 39:4-50(a)).

Some states go further and make it an offense to drive with any amount of a Schedule I substance or its metabolites in the blood (or, in some states, urine), without proof of impairment: North Carolina (G.S. 20-138.1(a)(3)), Pennsylvania (75 Pa.C.S. 3802(d)(1)), Wisconsin (346.63(1)(am), for Schedule I substances other than THC) and Iowa (321J.2(1)(c)) are examples from the state guides.

D.C.'s Initiative 81 expressly leaves impaired-driving enforcement unaffected. For penalties, testing and license consequences, see the DUI laws by state.

Records, diversion and expungement

A psilocybin conviction creates a criminal record, and in the felony states even a small-amount first offense can be a felony record. Several states offer first-offender routes that can end without a conviction, including Illinois probation without judgment (720 ILCS 570/410), Delaware's first-offender diversion (16 Del. C. 4767), North Carolina's conditional discharge (G.S. 90-96(a)), Virginia's deferral and dismissal (Va. Code 18.2-251), West Virginia's conditional discharge (60A-4-407) and Nevada's deferred judgment (NRS 176.211). Indiana's first-offense conditional discharge does not apply to psilocybin.

Whether an existing record can be sealed or expunged depends on the state, the offense class and the time since sentence. For each state's rules, see the expungement laws by state.

2025 and 2026 changes, with dates

The last two years brought new programs, trigger laws and many bills. The enacted changes the state guides describe:

Other 2025 and 2026 laws have no single effective date on this list: Arizona's SB 1555 (Laws 2025, ch. 231), Georgia's H.B. 382 and H.B. 717 (2026), Tennessee's Public Chapter 1008 (2026), and Maryland's Chapters 207 and 208 of 2026 extending its task force.

Many bills did not become law. California's SB 58 was vetoed in 2023 and SB 1012 and SB 751 died in committee; Arizona's SB 1570 was vetoed in 2024; Massachusetts voters rejected Question 4 in November 2024; Maine's LD 1034 failed in June 2025; Iowa's HF 978 never received a Senate vote; Connecticut's HB 7065 passed the House in 2025 but was tabled in the Senate; and 2025 or 2026 bills in Hawaii, Minnesota, Missouri, Nevada, New Hampshire, Rhode Island and West Virginia did not pass. Bills still in committee or awaiting action in October 2026 include Illinois SB2772, Michigan HB 4686, New York's medical psilocybin bills, Massachusetts pilot-program bills, Pennsylvania SB 1149 and HB 1439, and North Carolina S.B. 1018 and S.B. 568; Washington SB 5921 had no recorded action after its February 4, 2026 committee referral and did not become law. A pending bill is not law, and the state guides track each one.

Psilocybin laws outside the United States

This guide covers federal and state law in the United States. For psilocybin's legal status in other countries, ATMA CENA, a Canadian psychedelic-assisted therapy provider, maintains a psychedelic legality map that tracks regulated access, decriminalization and prohibition country by country. National rules change often, so confirm any country's current law with its official sources before you travel.

Related pages

• Kratom laws by state
• DUI laws by state
• Expungement laws by state
• Oregon psilocybin laws
• Colorado psilocybin laws
• New Mexico psilocybin laws

This guide provides general legal information about federal and state law on psilocybin, not legal advice. Drug laws and program rules change often. For advice about a specific situation, contact a lawyer licensed in your state.

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in any state?

Psilocybin is a controlled substance in every state and under federal law. Colorado lets adults 21 and older possess psilocybin for personal use without remuneration without violating state law (C.R.S. 18-18-434(5)(a)), Oregon permits possession and consumption only at a licensed service center under a licensed facilitator (ORS chapter 475A), and New Mexico's medical program was not yet enrolling patients in October 2026. Federal Schedule I still applies in all three.

Is psilocybin legal under federal law?

No. Psilocybin and psilocyn are Schedule I substances under 21 CFR 1308.11(d)(29)-(30), and simple possession is a federal misdemeanor under 21 U.S.C. 844(a), punishable by up to 1 year, a minimum $1,000 fine, or both for a first offense.

Did the federal government reschedule psilocybin in 2026?

No. Executive Order 14401 (April 18, 2026) directs the Attorney General to review rescheduling of Schedule I products that complete Phase 3 trials, but it does not reschedule anything and creates no enforceable right. No DEA or HHS rescheduling rule for psilocybin had been published in the Federal Register as of October 11, 2026.

Has the FDA approved psilocybin?

No psilocybin drug product had FDA approval as of October 2026. FDA has issued national priority vouchers and Breakthrough Therapy designations to psilocybin programs, and it says neither is a determination of safety or effectiveness or a substitute for marketing approval.

Which states have decriminalized psilocybin?

Colorado is the only state whose statute exempts personal-use possession by adults 21 and older. D.C.'s Initiative 81 makes noncommercial entheogen conduct by adults a lowest police priority, and Ann Arbor and King County have similar local measures, but the underlying law still applies in each place. New Jersey reduced possession of one ounce or less to a disorderly persons offense in 2021.

In which states is psilocybin possession a felony?

Possession of any amount is a felony, or carries a felony-grade sentence, for a first offense in Alabama, Arizona, Arkansas, Florida, Georgia, Hawaii, Illinois, Louisiana, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Carolina, Ohio, South Dakota, Texas and Virginia. Other states start with a misdemeanor and add felony tiers by weight or for repeat offenses.

Are psilocybin mushroom spores legal?

It depends on the state, and silence in a statute is not permission. Idaho lists psilocybin-capable spores and mycelium in Schedule I, California punishes cultivating spores with intent to produce psilocybin, and Florida made selling or transporting such spores a misdemeanor on July 1, 2025. Federal Schedule I names only the two compounds.

What is a psilocybin trigger law?

It is a state law that reschedules an FDA-approved psilocybin drug product once federal conditions are met. Arizona, Colorado, Georgia, Mississippi, Nebraska, North Dakota, South Dakota, Virginia and West Virginia have psilocybin-specific trigger laws; they do not apply to mushrooms, and none has operated because no psilocybin drug product is FDA-approved.

Can you get a DUI for driving after taking psilocybin?

It can. Impaired-driving laws reach drugs as well as alcohol, and some states, such as North Carolina, Pennsylvania, Wisconsin and Iowa, make it an offense to drive with any amount of a Schedule I substance in the blood. D.C.'s Initiative 81 expressly leaves impaired-driving enforcement unaffected.

Can a psilocybin conviction be expunged?

It depends on the state and the offense. Several states, including Illinois, Delaware, North Carolina, Virginia, West Virginia and Nevada, offer first-offender diversion or deferral that can end without a conviction; sealing or expungement of an existing record follows each state's own rules.