Law tracker
Is psilocybin legal? The law in every US state
Not under federal law: psilocybin and psilocyn are Schedule I controlled substances in every state. Colorado and Oregon license supervised adult use under state law. New Mexico and Utah have enacted a medical programme. Everywhere else it is a controlled substance under state law too.
State records checked 26 Oct 2026 against statute sites, legislature pages and council records; pending bills re-checked weekly (last change recorded 26 Oct 2026). Every line on a state's page links to its source. Not legal advice.
Federal law
- Peyote and mescaline are listed in Schedule I(c) of the Controlled Substances Act, as are psilocybin, psilocyn, DMT and ibogaine. (Legal Information Institute (Cornell) reproducing the U.S. Code, current)
How the states divide
- Licensed adult use (2): The state licenses supervised adult use. Psilocybin is still Schedule I under federal law. Colorado, Oregon.
- Medical programme enacted (2): The state has enacted a medical or therapeutic psilocybin programme; outside it, psilocybin stays illegal. New Mexico, Utah.
- Reduced penalties (state law) (1): State law reduces the penalty for personal possession; supplying it remains a crime. New Jersey.
- Research only (4): The state funds or permits research or trials; use outside them is illegal. Connecticut, Indiana, Louisiana, Washington.
- Prohibited (42): Psilocybin is a controlled substance under state law with no programme for its use.
Every state
| State | Psilocybin status | Local measures | Pending bills |
|---|---|---|---|
| Alabama | Prohibited | ||
| Alaska | Prohibited | ||
| Arizona | Prohibited | ||
| Arkansas | Prohibited | ||
| California | Prohibited | 6 | |
| Colorado | Licensed adult use | 1 | |
| Connecticut | Research only | ||
| Delaware | Prohibited | ||
| District of Columbia | Prohibited | 1 | |
| Florida | Prohibited | ||
| Georgia | Prohibited | ||
| Hawaii | Prohibited | ||
| Idaho | Prohibited | ||
| Illinois | Prohibited | 3 | |
| Indiana | Research only | ||
| Iowa | Prohibited | ||
| Kansas | Prohibited | ||
| Kentucky | Prohibited | ||
| Louisiana | Research only | ||
| Maine | Prohibited | 1 | |
| Maryland | Prohibited | ||
| Massachusetts | Prohibited | 7 | 2 |
| Michigan | Prohibited | 6 | 2 |
| Minnesota | Prohibited | 1 | |
| Mississippi | Prohibited | ||
| Missouri | Prohibited | ||
| Montana | Prohibited | ||
| Nebraska | Prohibited | ||
| Nevada | Prohibited | ||
| New Hampshire | Prohibited | ||
| New Jersey | Reduced penalties (state law) | ||
| New Mexico | Medical programme enacted | ||
| New York | Prohibited | 3 | |
| North Carolina | Prohibited | 1 | |
| North Dakota | Prohibited | ||
| Ohio | Prohibited | ||
| Oklahoma | Prohibited | ||
| Oregon | Licensed adult use | ||
| Pennsylvania | Prohibited | 2 | |
| Rhode Island | Prohibited | ||
| South Carolina | Prohibited | ||
| South Dakota | Prohibited | ||
| Tennessee | Prohibited | ||
| Texas | Prohibited | ||
| Utah | Medical programme enacted | ||
| Vermont | Prohibited | ||
| Virginia | Prohibited | 1 | |
| Washington | Research only | 6 | |
| West Virginia | Prohibited | ||
| Wisconsin | Prohibited | ||
| Wyoming | Prohibited |
Pending bills
| State | Bill | What it would do | Status |
|---|---|---|---|
| Illinois | SB 27722025-2026 (104th General Assembly) | Illinois Psilocybin Advisory Board ActWould create a psilocybin advisory board in the Department of Financial and Professional Regulation to advise on psilocybin and associated services. | PendingPassed Senate 41-13 on 7 May 2026; re-referred to House Rules Committee 15 May 2026 (Illinois General Assembly, 15 May 2026) |
| Illinois | HB 11432025-2026 (104th General Assembly) | Illinois CURE Act (Compassionate Use and Research of Entheogens Act)Would create an Illinois Psilocybin Advisory Board and a regulated psilocybin framework and amend the Controlled Substances Act. | PendingRe-referred to House Rules Committee under Rule 19(a) 27 March 2026 (Illinois General Assembly, 27 Mar 2026) |
| Illinois | HB 29922025-2026 (104th General Assembly) | Healing Opportunities through Psilocybin Equity (HOPE) Pilot Program ActWould create a psilocybin pilot program and an Illinois Psilocybin Advisory Board in the Department of Financial and Professional Regulation. | PendingRe-referred to House Rules Committee under Rule 19(a) 27 March 2026 (Illinois General Assembly, 27 Mar 2026) |
| Massachusetts | H.49862025-2026 (194th General Court) | An Act relative to therapeutic psilocybin treatment centersPublic Health committee redraft of H.2506 and H.2532 to allow therapeutic psilocybin treatment centers. | PendingReported favorably and referred to Health Care Financing 28 January 2026; reporting date extended to 31 December 2026 (Massachusetts Legislature, 9 Jul 2026) |
| Massachusetts | H.22032025-2026 (194th General Court) | An Act establishing a pilot program for access to regulated psilocybinWould let the Department of Public Health run a psilocybin services pilot for adults with PTSD and other specified conditions. | PendingRecommended ought to pass by Health Care Financing and referred to House Ways and Means (Massachusetts Legislature, 22 Jul 2026) |
| Michigan | SB 8022025-2026 | Controlled substances: conduct associated with qualified psychoactive substances; exempt from criminal penalties in certain circumstancesWould exempt non-commercial possession and use of certain entheogenic plants and fungi, including psilocybin, from criminal penalties. | PendingPending in Senate Regulatory Affairs Committee (referred 26 February 2026) (Michigan Legislature, 26 Feb 2026) |
| Michigan | HB 46862025-2026 | Crimes: controlled substances; creating, manufacturing, possessing, or using psilocybin or psilocin; allow under certain circumstancesWould let adults with a PTSD diagnosis possess and use limited amounts of psilocybin without criminal penalty. | PendingPending in House Families and Veterans Committee (referred 25 June 2025) (Michigan Legislature, 25 Jun 2025) |
| New York | S5303A / A2142A2025-2026 | Medical Psilocybin ActWould let patients with qualifying conditions such as treatment-resistant depression, PTSD, substance use disorders and end-of-life distress use psilocybin under a Department of Health program. | PendingAmended and recommitted to Senate Health Committee (New York State Senate, 8 May 2026) |
| New York | S1801A / A3845A2025-2026 | Psilocybin assisted therapy pilot program for veterans and first respondersWould create a state psilocybin-assisted therapy pilot for veterans and first responders with SUNY academic health centers and appropriate $5 million. | PendingAmended and recommitted to Senate Health Committee (New York State Senate, 9 Jan 2026) |
| New York | S495 / A37752025-2026 | Medical use of psilocybin; psilocybin-assisted therapy grant programWould let licensed facilitators provide psilocybin-assisted therapy and fund grants for veterans, first responders and low-income people, appropriating $5 million. | PendingIn Senate Finance Committee (New York State Senate, 7 Jan 2026) |
| North Carolina | SB 10182025-2026 | The HEAL Act (Healing Through Evidence-Based Access to Lifesaving Care Act)Would fund two competitive state research grants for psychedelic studies, including psilocybin, with participants 21 and older. | PendingRe-referred to Senate Appropriations/Base Budget Committee (North Carolina General Assembly, 5 May 2026; North Carolina General Assembly, 4 May 2026) |
| Pennsylvania | HB 14392025-2026 | Amending The Controlled Substance, Drug, Device and Cosmetic Act, further providing for authority to controlOn FDA approval, would schedule the pharmaceutical composition of crystalline polymorph psilocybin to match federal law, with notice in the Pennsylvania Bulletin within five business days of DEA rescheduling. | PendingReferred to House Health Committee 12 May 2025; no further action (Pennsylvania General Assembly, 12 May 2025; Pennsylvania General Assembly, 12 May 2025) |
| Pennsylvania | SB 11492025-2026 | Amending The Controlled Substance, Drug, Device and Cosmetic Act, further providing for authority to controlOn FDA approval, would schedule the pharmaceutical composition of synthetic psilocybin to match federal law, taking effect 30 days after publication of DEA rescheduling in the Pennsylvania Bulletin. | PendingReferred to Senate Judiciary Committee 23 January 2026; no further action (Pennsylvania General Assembly, 23 Jan 2026; Pennsylvania General Assembly, 23 Jan 2026; Pennsylvania State Senate, 15 Dec 2025) |
| Virginia | SB 7402026 | Breakthrough Therapies for Veteran Suicide Prevention Act; fund and council established; reportWould create a fund to support clinical research and implementation of FDA Breakthrough Therapies for PTSD, treatment-resistant depression, major depressive disorder and traumatic brain injury (the summary does not name psilocybin). | PendingContinued to 2027 in Senate Finance and Appropriations (Virginia LIS, 12 Feb 2026) |
Questions and answers
- Is psilocybin legal in the United States?
- Not under federal law: psilocybin and psilocyn are Schedule I controlled substances in every state. Colorado and Oregon license supervised adult use under state law. New Mexico and Utah have enacted a medical programme. Everywhere else it is a controlled substance under state law too.
- Which cities have decriminalized psilocybin?
- We count 29 city and county lowest-enforcement-priority measures in 8 states (DC counted as one), each linked to its source on the state's page. They set local police priorities and do not change state or federal law.
- How many psilocybin bills are pending?
- 14 bills from the 2025 to 2026 sessions are still alive in 7 states, as of 26 Oct 2026. Each is listed below with its latest status and a link to the legislature's own page.