Psilocybin law in every state
Psilocybin law · MA
Is psilocybin legal in Massachusetts?
ProhibitedSchedule I federally
Psilocybin is illegal in Massachusetts: it is a Class C controlled substance under M.G.L. c.94C §31, voters rejected the 2024 legalization measure (Question 4), and several cities have only non-binding lowest-priority resolutions.
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 Class C, hallucinogenic substances, M.G.L. c.94C §31, Class C(e)(13) and (14); Massachusetts uses Classes A to E rather than numbered schedules (Massachusetts Legislature, current page)
- Question 4 (2024), which would have legalized personal and supervised use of psilocybin, psilocyn, DMT, ibogaine and mescaline, failed on 5 November 2024 with about 57% voting no. (NBC Boston, 6 Nov 2024)
- Local resolutions in several cities ask police to treat psychedelic plants and fungi as a low enforcement priority but do not change state law. (WBUR, 21 Oct 2021; WBUR, 14 Dec 2023)
Decriminalized cities and counties
- Somerville, 2021: City council resolution urging police to deprioritize enforcement of entheogenic plant use and possession (DoubleBlind, 14 Jan 2021)
- Cambridge, 2021: City council resolution (8-1) making possession and cultivation of entheogenic plants and fungi among the lowest law enforcement priorities (DoubleBlind, Feb 2021)
- Northampton, 2021: Unanimous city council resolution asking police to treat drug use and possession, including psychedelic plants, as among the lowest law enforcement priorities (The Reminder, 31 Mar 2021)
- Easthampton, 2021: City council resolution (7-0, two abstentions) making growing, possessing or using psychedelic plants among the lowest law enforcement priorities (WBUR, 21 Oct 2021)
- Amherst, 2022: Non-binding town council resolution supporting decriminalization of plant medicines, passed 18 July 2022 with one vote against (Amherst Bulletin, 1 Aug 2022)
- Salem, 2023: City council measure to deprioritize arrests involving psilocybin and other psychedelic plants (Boston 25 News, 19 May 2023)
- Provincetown, 2023: Select Board resolution (3-1-1) instructing police to deprioritize psilocybin cases (WBUR, 14 Dec 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 |
|---|---|---|
| H.49862025-2026 (194th General Court) | An Act relative to therapeutic psilocybin treatment centersPublic Health committee redraft of H.2506 and H.2532 to allow therapeutic psilocybin treatment centers. | PendingReported favorably and referred to Health Care Financing 28 January 2026; reporting date extended to 31 December 2026 (Massachusetts Legislature, 9 Jul 2026) |
| H.22032025-2026 (194th General Court) | An Act establishing a pilot program for access to regulated psilocybinWould let the Department of Public Health run a psilocybin services pilot for adults with PTSD and other specified conditions. | PendingRecommended ought to pass by Health Care Financing and referred to House Ways and Means (Massachusetts Legislature, 22 Jul 2026) |
| S.11132025-2026 (194th General Court) | An Act relative to removing criminal penalties for limited psilocybin possessionWould remove criminal penalties for possessing limited amounts of psilocybin. | Sent to a study order (S.2930), effectively shelved (Massachusetts Legislature, 29 Jan 2026) |
| H.18582025-2026 (194th General Court) | An Act relative to removing criminal penalties for limited psilocybin possessionHouse version of the limited-possession decriminalization bill. | Sent to a study order (H.5281), effectively shelved (Massachusetts Legislature, 26 Mar 2026) |
| H.40502025-2026 (194th General Court) | Adult use, support services, cultivation and taxation of psilocybin-containing fungiWould create a regulated adult-use framework for psilocybin-containing fungi. | Sent to a study order (H.5318), effectively shelved (Massachusetts Legislature, 2 Apr 2026) |
Penalties
- Possessing a Class C substance such as psilocybin is punishable by up to one year in prison, a fine up to $1,000, or both (M.G.L. c.94C §34). (Massachusetts Legislature, current page)
Federal law applies in Massachusetts 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 Massachusetts?
- Psilocybin is illegal in Massachusetts: it is a Class C controlled substance under M.G.L. c.94C §31, voters rejected the 2024 legalization measure (Question 4), and several cities have only non-binding lowest-priority resolutions.
- Has any city in Massachusetts decriminalized psilocybin?
- 7 local measures: Somerville (2021), Cambridge (2021), Northampton (2021), Easthampton (2021), Amherst (2022), Salem (2023), Provincetown (2023). Local measures set enforcement priorities; they do not change state or federal law.
- Are there psilocybin bills in Massachusetts?
- 2 bills are still pending: H.4986 (Reported favorably and referred to Health Care Financing 28 January 2026; reporting date extended to 31 December 2026); H.2203 (Recommended ought to pass by Health Care Financing and referred to House Ways and Means).
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