Psilocybin law in every state
Psilocybin law · MI
Is psilocybin legal in Michigan?
ProhibitedSchedule I federally
Psilocybin is illegal in Michigan: it is a Schedule 1 controlled substance under MCL 333.7212, though Ann Arbor, Detroit and several other cities have made entheogenic plants a lowest enforcement priority.
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 1, MCL 333.7212(1)(c) (Michigan Legislature, current page)
- Michigan law singles out psilocybin and psilocyn (with LSD, peyote, mescaline and DMT) for a lower possession penalty than other Schedule 1 drugs: a misdemeanor rather than a felony. (Michigan Legislature, current page)
- The Washtenaw County Prosecutor announced on 12 January 2021 that his office would no longer charge cases involving psilocybin mushrooms and other entheogenic plants. (The Eastern Echo, 17 Jan 2021)
- Local lowest-priority measures do not legalize psilocybin; state and federal law still apply. (PBS NewsHour, Nov 2021)
Decriminalized cities and counties
- Ann Arbor, 2020: Unanimous city council resolution (September 2020) making investigation and arrest for entheogenic plants and fungi the lowest law enforcement priority (WXYZ Detroit, Sep 2020; PBS NewsHour, Nov 2021)
- Washtenaw County, 2021: County Prosecutor policy directive not to charge cases involving entheogenic plants and fungi, including psilocybin mushrooms (The Eastern Echo, 17 Jan 2021)
- Detroit, 2021: Voter-approved Proposal E (about 61% yes) to decriminalize entheogenic plants and fungi to the extent the city allows (PBS NewsHour, Nov 2021)
- Hazel Park, 2022: Unanimous city council resolution making entheogenic plants and fungi the lowest law enforcement priority (Marijuana Moment, 23 Mar 2022)
- Ferndale, 2023: Unanimous city council resolution (27 February 2023) decriminalizing entheogenic plants and fungi, including psilocybin mushrooms (High Times, 3 Mar 2023)
- Ypsilanti, 2024: Unanimous city council Resolution No. 2024-001 (9 January 2024) giving entheogenic plant use, cultivation and possession the lowest law enforcement priority (The Eastern Echo, 10 Jan 2024)
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 8022025-2026 | Controlled substances: conduct associated with qualified psychoactive substances; exempt from criminal penalties in certain circumstancesWould exempt non-commercial possession and use of certain entheogenic plants and fungi, including psilocybin, from criminal penalties. | PendingPending in Senate Regulatory Affairs Committee (referred 26 February 2026) (Michigan Legislature, 26 Feb 2026) |
| HB 46862025-2026 | Crimes: controlled substances; creating, manufacturing, possessing, or using psilocybin or psilocin; allow under certain circumstancesWould let adults with a PTSD diagnosis possess and use limited amounts of psilocybin without criminal penalty. | PendingPending in House Families and Veterans Committee (referred 25 June 2025) (Michigan Legislature, 25 Jun 2025) |
Penalties
- Possessing psilocybin or psilocyn is a misdemeanor punishable by up to 1 year in jail, a fine up to $2,000, or both (MCL 333.7403(2)(c)). (Michigan Legislature, current page)
Federal law applies in Michigan 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 Michigan?
- Psilocybin is illegal in Michigan: it is a Schedule 1 controlled substance under MCL 333.7212, though Ann Arbor, Detroit and several other cities have made entheogenic plants a lowest enforcement priority.
- Has any city in Michigan decriminalized psilocybin?
- 6 local measures: Ann Arbor (2020), Washtenaw County (2021), Detroit (2021), Hazel Park (2022), Ferndale (2023), Ypsilanti (2024). Local measures set enforcement priorities; they do not change state or federal law.
- Are there psilocybin bills in Michigan?
- 2 bills are still pending: SB 802 (Pending in Senate Regulatory Affairs Committee (referred 26 February 2026)); HB 4686 (Pending in House Families and Veterans Committee (referred 25 June 2025)).
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