Is psilocybin legal in Maryland?

Current status

• Md. Code, Criminal Law §5-402(a)(3) places in Schedule I every substance the federal government designates Schedule I, which includes psilocybin and psilocyn (Maryland General Assembly, current page)

• Chapters 792 and 793 of 2024 (HB 548 / SB 1009) created the Task Force on Responsible Use of Natural Psychedelic Substances to study psilocybin, DMT and mescaline and recommend an access program. (Maryland General Assembly, 16 May 2024; Maryland Manual On-Line, Maryland State Archives, current page)
• The task force issued an interim report in July 2025 and a report in October 2025; reporting in November 2025 said it recommended legalizing psilocybin, DMT and mescaline in phases, which would require new legislation. (Maryland Manual On-Line, Maryland State Archives, current page; WYPR, 7 Nov 2025)
• HB 427 / SB 336 (Chapters 207 and 208 of 2026) extended the task force to 31 December 2027, added a historically Black college or university representative, and required an updated report by 31 October 2026. (Maryland General Assembly, 28 Apr 2026; Maryland Manual On-Line, Maryland State Archives, current page)

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.

Penalties

• Possessing a controlled dangerous substance other than cannabis is a misdemeanor; a first conviction carries up to 1 year in prison, a fine up to $5,000, or both (Md. Code, Criminal Law §5-601(c)(1)(i)). (Maryland General Assembly, current page)

Federal law applies in Maryland 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 Maryland?

Psilocybin is illegal in Maryland: it is a Schedule I controlled dangerous substance under Md. Code, Criminal Law §5-402, and a state task force is studying a future access program but no law has changed.

Has any city in Maryland decriminalized psilocybin?

We found no city or county measure in Maryland that makes psilocybin a low enforcement priority, as of 26 Oct 2026.

Are there psilocybin bills in Maryland?

None is pending. Recent bills: HB 427, Signed 28 April 2026, Chapter 207; HB 548, Signed 16 May 2024, Chapter 792.

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