Psilocybin law · KY
Is psilocybin legal in Kentucky?
Psilocybin is illegal in Kentucky: it is a Schedule I controlled substance under 902 KAR 55:015, which adopts the federal Schedule I list, and Kentucky has no psilocybin program; its 2026 psychedelic research law covers ibogaine only.
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 Schedule I in Kentucky because 902 KAR 55:015 Section 1(1) schedules at the state level every substance in federal Schedule I (21 C.F.R. 1308.11), as KRS 218A.020 directs (Kentucky Legislative Research Commission, current page; Kentucky Legislative Research Commission, current page)
- KRS 218A.050, the former statutory Schedule I list, was repealed in 2017; Kentucky's schedules are now set by Cabinet for Health and Family Services regulation. (Kentucky Legislative Research Commission, current page; Kentucky Legislative Research Commission, current page)
- In 2026 the General Assembly enacted SB 77, creating an ibogaine research and intellectual property fund administered by the Department of Agriculture for clinical trials of ibogaine; the Governor vetoed it on 13 April 2026 and both chambers overrode the veto on 14 April 2026 (Acts Chapter 158). It does not cover psilocybin. (Kentucky General Assembly, 14 Apr 2026)
- A Senate committee substitute removed SB 77's original appropriation of about $21 million in opioid abatement funds. (Kentucky General Assembly, 14 Apr 2026; WKMS, 24 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 |
|---|---|---|
| SB 772026 | An Act relating to ibogaine research in the CommonwealthCreates an ibogaine research and intellectual property fund and lets the Department of Agriculture partner with a drug developer on ibogaine clinical trials. | Vetoed 13 April 2026; veto overridden 14 April 2026, became law as Acts Chapter 158 (Kentucky General Assembly, 14 Apr 2026) |
| SB 2402025 | An Act relating to ibogaine research in the CommonwealthWould have created an Ibogaine Research Fund and a process for private entities to apply for it. | Died in Senate Health Services Committee (Kentucky General Assembly, 20 Feb 2025) |
Penalties
- Knowingly and unlawfully possessing a Schedule I or II controlled substance that is not a narcotic drug, which includes psilocybin, is possession of a controlled substance in the second degree, a Class A misdemeanor (KRS 218A.1416). (Kentucky Legislative Research Commission, current page)
Federal law applies in Kentucky 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 Kentucky?
- Psilocybin is illegal in Kentucky: it is a Schedule I controlled substance under 902 KAR 55:015, which adopts the federal Schedule I list, and Kentucky has no psilocybin program; its 2026 psychedelic research law covers ibogaine only.
- Has any city in Kentucky decriminalized psilocybin?
- We found no city or county measure in Kentucky that makes psilocybin a low enforcement priority, as of 26 Oct 2026.
- Are there psilocybin bills in Kentucky?
- None is pending. Recent bills: SB 77, Vetoed 13 April 2026; veto overridden 14 April 2026, became law as Acts Chapter 158; SB 240, Died in Senate Health Services Committee.
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