Psilocybin law · DE
Is psilocybin legal in Delaware?
Psilocybin is illegal in Delaware: it is a Schedule I controlled substance under 16 Del. C. 4714, and simple possession is a class B misdemeanor under 16 Del. C. 4763.
Psilocybin is a controlled substance under state law with no programme for its use. Last checked 26 Oct 2026. Pending bills are re-checked weekly against the legislature; last change recorded 26 Oct 2026. Not legal advice.
Current status
- Psilocybin and psilocyn are listed as hallucinogenic substances in Schedule I, 16 Del. C. 4714(d)(14) and (15). (Delaware Code Online, current page)
Decriminalized cities and counties
None found as of 26 Oct 2026.
A local lowest-priority measure tells city or county police and prosecutors where to spend their time. It does not change state or federal law, and state or federal officers can still enforce it.
Bills
We found no psilocybin or psychedelic bill in the 2025 or 2026 sessions, as of 26 Oct 2026.
Penalties
- Knowingly or intentionally possessing, using or consuming a controlled substance without a prescription or other authorization is a class B misdemeanor (16 Del. C. 4763(a) and (b)); larger quantities are charged under the tiered felony provisions of the same subchapter. (Delaware Code Online, current page)
Federal law applies in Delaware too
- 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)
- Outside the exemptions, distributing a Schedule I substance not named in the large-quantity tiers carries up to 20 years and a fine of up to $1,000,000 for an individual on a first offence (21 U.S.C. 841(b)(1)(C)); simple possession carries up to 1 year and a minimum fine of $1,000 on a first offence (21 U.S.C. 844(a)). (Legal Information Institute (Cornell) reproducing the U.S. Code, current; Legal Information Institute (Cornell) reproducing the U.S. Code, current)
Questions and answers
- Is psilocybin legal in Delaware?
- Psilocybin is illegal in Delaware: it is a Schedule I controlled substance under 16 Del. C. 4714, and simple possession is a class B misdemeanor under 16 Del. C. 4763.
- Has any city in Delaware decriminalized psilocybin?
- We found no city or county measure in Delaware that makes psilocybin a low enforcement priority, as of 26 Oct 2026.
- Are there psilocybin bills in Delaware?
- We found no psilocybin bill in the Delaware legislature's 2025 or 2026 sessions.
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