Psilocybin law · NE
Is psilocybin legal in Nebraska?
Psilocybin is illegal in Nebraska: it is a Schedule I controlled substance under Neb. Rev. Stat. 28-405, and possessing any amount is a Class IV felony.
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 psilocin are listed in Schedule I(c), hallucinogenic substances, Neb. Rev. Stat. 28-405 Schedule I(c)(12) and (13) (Nebraska Legislature, current page)
- Nebraska's Schedule I listing of psilocybin excludes any FDA-approved pharmaceutical composition of crystalline polymorph psilocybin, so an approved drug product would not be Schedule I in state law. (Nebraska Legislature, 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.
Bills
We found no psilocybin or psychedelic bill in the 2025 or 2026 sessions, as of 26 Oct 2026.
Penalties
- Knowingly or intentionally possessing a controlled substance other than marijuana without a valid medical order is a Class IV felony (Neb. Rev. Stat. 28-416(3)). (Nebraska Legislature, current page)
Federal law applies in Nebraska 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 Nebraska?
- Psilocybin is illegal in Nebraska: it is a Schedule I controlled substance under Neb. Rev. Stat. 28-405, and possessing any amount is a Class IV felony.
- Has any city in Nebraska decriminalized psilocybin?
- We found no city or county measure in Nebraska that makes psilocybin a low enforcement priority, as of 26 Oct 2026.
- Are there psilocybin bills in Nebraska?
- We found no psilocybin bill in the Nebraska legislature's 2025 or 2026 sessions.
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