Psilocybin law · ME
Is psilocybin legal in Maine?
Psilocybin is illegal in Maine: it is a Schedule X drug under 17-A M.R.S. §1102, possession is a Class D crime, and the 2025 decriminalization bill LD 1034 failed final enactment.
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 in Schedule X, hallucinogenic drugs, 17-A M.R.S. §1102(2)(C)(6) and (7); Maine uses Schedules W, X, Y and Z rather than numbered schedules (Maine Legislature, current page)
- LD 1034 (2025) would have decriminalized personal possession of therapeutic amounts of psilocybin for adults; it failed passage to be enacted in the House (72-74) on 9 June 2025 and in the Senate (16-16) on 10 June 2025 and was placed in the legislative files as dead. (Maine Legislature, 10 Jun 2025)
- LD 1914, the Maine Psilocybin Health Access Act, was finally passed by the House in April 2024 but died in possession of the Senate at the end of the 131st Legislature on 20 November 2024. (Maine Legislature, 20 Nov 2024)
Decriminalized cities and counties
- Portland, 2023: City council resolution supporting decriminalization of psychedelic plants and fungi and calling their use and cultivation the lowest law enforcement priority; non-binding (Bangor Daily News, 5 Oct 2023)
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 |
|---|---|---|
| LD 10342025 (132nd Legislature) | An Act to Decriminalize Personal Possession of Therapeutic Amounts of Psilocybin for AdultsWould have removed criminal penalties for adults possessing small, therapeutic amounts of psilocybin. | Failed final enactment votes in both chambers; dead (Maine Legislature, 10 Jun 2025) |
| LD 19142024 (131st Legislature) | An Act to Enact the Maine Psilocybin Health Access ActWould have created a regulated psilocybin services program. | Died in possession of the Senate at adjournment (Maine Legislature, 20 Nov 2024) |
Penalties
- Unlawful possession of a Schedule X drug is a Class D crime (17-A M.R.S. §1107-A(1)(D)). (Maine Legislature, current page)
Federal law applies in Maine 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 Maine?
- Psilocybin is illegal in Maine: it is a Schedule X drug under 17-A M.R.S. §1102, possession is a Class D crime, and the 2025 decriminalization bill LD 1034 failed final enactment.
- Has any city in Maine decriminalized psilocybin?
- 1 local measure: Portland (2023). Local measures set enforcement priorities; they do not change state or federal law.
- Are there psilocybin bills in Maine?
- None is pending. Recent bills: LD 1034, Failed final enactment votes in both chambers; dead; LD 1914, Died in possession of the Senate at adjournment.
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