Psilocybin law in every state
Psilocybin law · MN
Is psilocybin legal in Minnesota?
ProhibitedSchedule I federally
Psilocybin is illegal in Minnesota: it is a Schedule I controlled substance under Minn. Stat. §152.02, and 2026 bills for a therapeutic program failed, though the state's cannabis office was told to study one.
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 I, hallucinogens, Minn. Stat. §152.02 subd. 2(d)(21) and (22) (Minnesota Revisor of Statutes, current page)
- The Psychedelic Medicine Task Force was established by Laws of Minnesota 2023, chapter 70, article 4, section 99 to advise the Legislature on legalizing psychedelic medicine. (Minnesota Department of Health (via Legislative Reference Library), 1 Jan 2025)
- The task force's January 2025 report recommended removing criminal penalties for psychedelic medicines, creating a state-regulated clinical program, funding more research, and adult regulated use of psilocybin-containing mushrooms. (Minnesota Department of Health (via Legislative Reference Library), 1 Jan 2025)
- In 2026 a new state law asked the Office of Cannabis Management to examine psilocybin and put together a proposal for a pilot program for treatment-resistant conditions such as PTSD and depression. (FOX 21, 5 Jun 2026)
Decriminalized cities and counties
- Minneapolis, 2023: Mayor's Executive Order 2023-01 making investigation and arrest for entheogenic plants on the federal Schedule 1 list the lowest law enforcement priority (City of Minneapolis, 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 |
|---|---|---|
| HF 29062025-2026 (94th Legislature) | Psilocybin therapeutic use program establishedWould create a supervised therapeutic psilocybin program for adults 21 and over with qualifying conditions and move psilocybin from Schedule I to Schedule IV. | Passed House Health Finance and Policy Committee, re-referred to Commerce Finance and Policy 16 March 2026; died when the 2025-2026 biennium ended (Minnesota Revisor of Statutes, 22 Apr 2026; Minnesota House Session Daily, 9 Mar 2026) |
| HF 45772025-2026 (94th Legislature) | Psilocybin therapeutic use program establishedAlternative therapeutic psilocybin program bill with an advisory committee and appropriation. | Re-referred to Veterans and Military Affairs Division 9 April 2026; died when the biennium ended (Minnesota Revisor of Statutes, 9 Apr 2026) |
Penalties
- A first-time conviction for possessing less than 0.25 grams or one dosage unit of a controlled substance (other than heroin) is a gross misdemeanor (Minn. Stat. §152.025 subd. 4(a)). (Minnesota Revisor of Statutes, current page)
- Other fifth-degree possession is a felony punishable by up to five years in prison, a fine up to $10,000, or both (Minn. Stat. §152.025 subd. 4(b)). (Minnesota Revisor of Statutes, current page)
Federal law applies in Minnesota 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 Minnesota?
- Psilocybin is illegal in Minnesota: it is a Schedule I controlled substance under Minn. Stat. §152.02, and 2026 bills for a therapeutic program failed, though the state's cannabis office was told to study one.
- Has any city in Minnesota decriminalized psilocybin?
- 1 local measure: Minneapolis (2023). Local measures set enforcement priorities; they do not change state or federal law.
- Are there psilocybin bills in Minnesota?
- None is pending. Recent bills: HF 2906, Passed House Health Finance and Policy Committee, re-referred to Commerce Finance and Policy 16 March 2026; died when the 2025-2026 biennium ended; HF 4577, Re-referred to Veterans and Military Affairs Division 9 April 2026; died when the biennium ended.
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