Psilocybin law in every state
Psilocybin law · NH
Is psilocybin legal in New Hampshire?
ProhibitedSchedule I federally
Psilocybin is illegal in New Hampshire: it is a Schedule I controlled drug through RSA 318-B:1-a and He-C 501.03, which adopt the federal schedules, and possession is a class B felony; 2025 and 2026 psilocybin bills all failed in the Senate or House.
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
- New Hampshire controls psilocybin as Schedule I because RSA 318-B:1 and 318-B:1-a define controlled drugs by the commissioner's schedules, and He-C 501.03 recognizes substances scheduled under 21 C.F.R. 1308.11 to 1308.15 (New Hampshire General Court, current page; New Hampshire General Court, current page; New Hampshire Department of Health and Human Services rules (General Court), current page)
- HB 528 (2025), which would have reduced a first psilocybin possession charge for adults 18 and older to a violation with a fine up to $100, passed the House on 26 March 2025 but was tabled in the Senate and found inexpedient to legislate on 3 November 2025. (NH Liberty Alliance bill tracker, 3 Nov 2025; Filter, Mar 2025)
- HB 1809 (2026), narrowed by the House to create a medical psilocybin advisory board, was killed by the Senate on 7 May 2026. (New Hampshire General Court, 7 May 2026)
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
| Bill | What it would do | Status |
|---|---|---|
| HB 18092026 | Establishes a medical psilocybin advisory board to assess the advantages and disadvantages of psilocybin use for therapeutic purposesAs amended by the House, would have created a medical psilocybin advisory board. | Passed House with amendment 26 March 2026; Senate voted inexpedient to legislate, bill killed (New Hampshire General Court, 7 May 2026) |
| HB 17962026 | Allowing the use of psilocybin in approved clinical settings to treat qualified medical conditionsWould have allowed psilocybin treatment in approved clinical settings for qualifying conditions. | House committee recommended inexpedient to legislate (11-7); died (New Hampshire General Court, 28 Jan 2026) |
| HB 5282025 | Amending the penalties for the possession and use of psilocybin for persons 18 years of age or olderWould have made a first adult psilocybin possession offense a violation and later offenses misdemeanors, with sales still illegal. | Passed House 26 March 2025; tabled in Senate 5 June 2025; inexpedient to legislate 3 November 2025 (NH Liberty Alliance bill tracker, 3 Nov 2025; Filter, Mar 2025) |
Penalties
- Possessing a Schedule I to IV controlled drug is a class B felony, with a fine of up to $25,000 permitted (RSA 318-B:26, II(a)). (New Hampshire General Court, current page)
Federal law applies in New Hampshire 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 New Hampshire?
- Psilocybin is illegal in New Hampshire: it is a Schedule I controlled drug through RSA 318-B:1-a and He-C 501.03, which adopt the federal schedules, and possession is a class B felony; 2025 and 2026 psilocybin bills all failed in the Senate or House.
- Has any city in New Hampshire decriminalized psilocybin?
- We found no city or county measure in New Hampshire that makes psilocybin a low enforcement priority, as of 26 Oct 2026.
- Are there psilocybin bills in New Hampshire?
- None is pending. Recent bills: HB 1809, Passed House with amendment 26 March 2026; Senate voted inexpedient to legislate, bill killed; HB 1796, House committee recommended inexpedient to legislate (11-7); died; HB 528, Passed House 26 March 2025; tabled in Senate 5 June 2025; inexpedient to legislate 3 November 2025.
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