Psilocybin law in every state
Psilocybin law · HI
Is psilocybin legal in Hawaii?
ProhibitedSchedule I federally
Psilocybin is illegal in Hawaii: it is a Schedule I controlled substance under HRS 329-14, and possessing any amount is a class C felony.
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, HRS 329-14(d)(26) and (27). (Hawaii State Legislature, current page)
- Bills in 2025-2026 to create a Mental Health Emerging Therapies Pilot Program (SB 1042) and a Mental Health Emerging Therapies Task Force at the University of Hawaii medical school (SB 3199) both died in conference committee in 2026. (Hawaii State Legislature, 2 Apr 2026; Hawaii State Legislature, 29 Apr 2026)
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
| Bill | What it would do | Status |
|---|---|---|
| SB 10422025-2026 | Relating to Mental Health (Mental Health Emerging Therapies Pilot Program)Would have created a two-year emerging therapies pilot program in the Office of Wellness and Resilience and appropriated funds. | Passed both chambers in different forms in 2025; carried over; House and Senate conferees discharged April 2026; died (Hawaii State Legislature, 2 Apr 2026) |
| SB 31992026 | Relating to Mental Health (Mental Health Emerging Therapies Task Force)Would have created a task force at the John A. Burns School of Medicine to prepare Hawaii for breakthrough therapies and clinical research. | Passed Senate and House (amended); Senate disagreed; conference committee did not report before session ended; died (Hawaii State Legislature, 29 Apr 2026) |
Penalties
- Knowingly possessing any amount of a 'dangerous drug', defined to include Schedule I substances other than marijuana, is promoting a dangerous drug in the third degree, a class C felony (HRS 712-1240 and 712-1243). (Hawaii State Legislature, current page; Hawaii State Legislature, current page)
Federal law applies in Hawaii 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 Hawaii?
- Psilocybin is illegal in Hawaii: it is a Schedule I controlled substance under HRS 329-14, and possessing any amount is a class C felony.
- Has any city in Hawaii decriminalized psilocybin?
- We found no city or county measure in Hawaii that makes psilocybin a low enforcement priority, as of 26 Oct 2026.
- Are there psilocybin bills in Hawaii?
- None is pending. Recent bills: SB 1042, Passed both chambers in different forms in 2025; carried over; House and Senate conferees discharged April 2026; died; SB 3199, Passed Senate and House (amended); Senate disagreed; conference committee did not report before session ended; died.
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