Psilocybin law in every state
Psilocybin law · ID
Is psilocybin legal in Idaho?
ProhibitedSchedule I federally
Psilocybin is illegal in Idaho: it is a Schedule I controlled substance under Idaho Code 37-2705, and possession of a non-narcotic Schedule I drug such as psilocybin is a misdemeanor punishable by up to one year in jail.
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, Idaho Code 37-2705(d)(27) and (28). (Idaho State Legislature, current page)
- House Bill 899, the Medical Advanced Healing Act, was introduced by the House Health and Welfare Committee on 16 March 2026 and was not acted on further. (Idaho State Legislature, 16 Mar 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 |
|---|---|---|
| H 8992026 | Medical Advanced Healing ActWould have added a new chapter establishing the Medical Advanced Healing Act. | Introduced and referred to House Health and Welfare 16 March 2026; died at adjournment (Idaho State Legislature, 16 Mar 2026) |
Penalties
- Possessing a non-narcotic Schedule I controlled substance other than LSD is a misdemeanor punishable by up to one year in jail, a fine of up to $1,000, or both (Idaho Code 37-2732(c)(3)). (Idaho State Legislature, current page)
Federal law applies in Idaho 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 Idaho?
- Psilocybin is illegal in Idaho: it is a Schedule I controlled substance under Idaho Code 37-2705, and possession of a non-narcotic Schedule I drug such as psilocybin is a misdemeanor punishable by up to one year in jail.
- Has any city in Idaho decriminalized psilocybin?
- We found no city or county measure in Idaho that makes psilocybin a low enforcement priority, as of 26 Oct 2026.
- Are there psilocybin bills in Idaho?
- None is pending. Recent bills: H 899, Introduced and referred to House Health and Welfare 16 March 2026; died at adjournment.
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