Is psilocybin legal in New Jersey?

Current status

• Psilocybin is a Schedule I controlled dangerous substance under N.J.S.A. 24:21-5 (section 5 of P.L.1970, c.226) (New Jersey Legislature, 7 Dec 2020)

• P.L.2021, c.9, signed 4 February 2021, made possession of one ounce or less of psilocybin a disorderly persons offense instead of a third-degree crime. (New Jersey Legislature, 4 Feb 2021; NBC10 Philadelphia, Feb 2021)
• P.L.2025, c.296 (S2283), approved 20 January 2026, establishes the Psilocybin Behavioral Health Access and Therapy Pilot Program in the Department of Health to support hospital psilocybin research compliant with FDA and DEA rules. (New Jersey Legislature, 20 Jan 2026)
• The 2026 law appropriates $6,000,000, with $2,000,000 for each of three hospitals selected from the northern, central and southern regions, and creates a Psychedelic Therapy and Research Board. (New Jersey Legislature, 20 Jan 2026)
• The pilot law states the goal of evaluating a future safe, legal and affordable statewide medical psilocybin care delivery system; it does not create retail or adult-use access. (New Jersey Legislature, 20 Jan 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.

Penalties

• Possession of one ounce or less of psilocybin is a disorderly persons offense (N.J.S.2C:35-10a(5)), punishable by up to six months in jail, a fine up to $1,000, or both. (New Jersey Legislature, 4 Feb 2021; New Jersey Legislature, 7 Dec 2020)
• Possession of more than one ounce remains a third-degree crime under N.J.S.2C:35-10a(1), punishable by three to five years in prison, a fine up to $15,000, or both. (New Jersey Legislature, 4 Feb 2021; New Jersey Legislature, 7 Dec 2020)

Federal law applies in New Jersey 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 Jersey?

Psilocybin is illegal in New Jersey but possessing one ounce or less is only a disorderly persons offense under N.J.S.2C:35-10 (since 2021), and a 2026 law funds a hospital psilocybin research pilot.

Has any city in New Jersey decriminalized psilocybin?

We found no city or county measure in New Jersey that makes psilocybin a low enforcement priority, as of 26 Oct 2026.

Are there psilocybin bills in New Jersey?

None is pending. Recent bills: S2283, Signed 20 January 2026 as P.L.2025, c.296.

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