Psilocybin law in every state
Psilocybin law · IN
Is psilocybin legal in Indiana?
Research onlySchedule I federally
Psilocybin is illegal in Indiana: it is a Schedule I controlled substance under IC 35-48-2-4, and possession is a Class A misdemeanor, though a 2024 law created a state fund for psilocybin research.
The state funds or permits research or trials; use outside them is illegal. 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, Ind. Code 35-48-2-4(d). (FindLaw (reproduction of Indiana Code), 1 Jan 2026)
- House Enrolled Act 1259 (Public Law 152-2024), signed 13 March 2024, established the therapeutic psilocybin research fund, administered by the Division of Mental Health and Addiction, to give financial assistance to Indiana research institutions studying psilocybin to treat mental health and other medical conditions. (Indiana General Assembly, 13 Mar 2024)
- HB 1166 (2025), which would have appropriated state money to the therapeutic psilocybin research fund, was referred to the House Ways and Means Committee and did not advance. (Indiana General Assembly, 28 Jan 2025)
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 |
|---|---|---|
| HB 11662025 | Appropriation for psilocybin researchWould have appropriated money from the state general fund to the therapeutic psilocybin research fund. | Referred to House Ways and Means 8 January 2025; died at end of 2025 session (Indiana General Assembly, 28 Jan 2025) |
| HB 12592024 | Health care mattersEstablished the therapeutic psilocybin research fund and set clinical study requirements for grant recipients. | Signed 13 March 2024 (Public Law 152) (Indiana General Assembly, 13 Mar 2024) |
Penalties
- Knowingly possessing a Schedule I controlled substance (other than marijuana, hashish or salvia) without a prescription is possession of a controlled substance, a Class A misdemeanor, or a Level 6 felony if an enhancing circumstance applies (Ind. Code 35-48-4-7(a) and (b)). (FindLaw (reproduction of Indiana Code), 1 Jan 2026)
Federal law applies in Indiana 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 Indiana?
- Psilocybin is illegal in Indiana: it is a Schedule I controlled substance under IC 35-48-2-4, and possession is a Class A misdemeanor, though a 2024 law created a state fund for psilocybin research.
- Has any city in Indiana decriminalized psilocybin?
- We found no city or county measure in Indiana that makes psilocybin a low enforcement priority, as of 26 Oct 2026.
- Are there psilocybin bills in Indiana?
- None is pending. Recent bills: HB 1166, Referred to House Ways and Means 8 January 2025; died at end of 2025 session; HB 1259, Signed 13 March 2024 (Public Law 152).
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