Psilocybin law in every state
Psilocybin law · ND
Is psilocybin legal in North Dakota?
ProhibitedSchedule I federally
Psilocybin is illegal in North Dakota: it is a Schedule I controlled substance under N.D.C.C. 19-03.1-05, and the state has no therapy program, research law or decriminalized cities.
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 of the North Dakota Uniform Controlled Substances Act, N.D.C.C. 19-03.1-05(5)(l) (psilocybin) and 19-03.1-05(5)(p)(11) (psilocyn). (North Dakota Legislative Branch, current page)
- North Dakota lists the pharmaceutical psilocybin product COMP360 (crystalline polymorph psilocybin, under any FDA-approved trade name) in Schedule IV, N.D.C.C. 19-03.1-11(7), so the FDA-approved form would not be Schedule I once approved. (North Dakota Legislative Branch, current page; North Dakota Legislative Branch, 2025)
- SB 2064 of 2025, requested by the State Board of Pharmacy, amended and reenacted the Schedule I, III and IV sections with an emergency clause and was filed with the Secretary of State on 26 March 2025. (North Dakota Legislative Branch, 2025; North Dakota Legislative Branch, 2025)
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 |
|---|---|---|
| SB 20642025 (69th Legislative Assembly) | Relating to the scheduling of controlled substances; and to declare an emergencyBoard of Pharmacy scheduling update that reenacted N.D.C.C. 19-03.1-05, 19-03.1-09 and 19-03.1-11, the last of which lists COMP360 psilocybin in Schedule IV. | Passed Senate 47-0 and House 88-0; signed by the Governor and filed with the Secretary of State 26 March 2025 (North Dakota Legislative Branch, 2025; North Dakota Legislative Branch, 2025) |
Penalties
- Willful possession of a controlled substance without a prescription is a class A misdemeanor for a first offense; a second or subsequent offense not related to marijuana, THC or kratom is a class C felony (N.D.C.C. 19-03.1-23(7)(b)). (North Dakota Legislative Branch, current page)
- A class A misdemeanor carries a maximum of 360 days' imprisonment, a $3,000 fine, or both (N.D.C.C. 12.1-32-01(5)). (North Dakota Legislative Branch, current page)
- Possession on the property of an elementary, secondary or career and technical school is a class B felony, unless it involves marijuana, THC or kratom (N.D.C.C. 19-03.1-23(7)(c)). (North Dakota Legislative Branch, current page)
Federal law applies in North Dakota 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 North Dakota?
- Psilocybin is illegal in North Dakota: it is a Schedule I controlled substance under N.D.C.C. 19-03.1-05, and the state has no therapy program, research law or decriminalized cities.
- Has any city in North Dakota decriminalized psilocybin?
- We found no city or county measure in North Dakota that makes psilocybin a low enforcement priority, as of 26 Oct 2026.
- Are there psilocybin bills in North Dakota?
- None is pending. Recent bills: SB 2064, Passed Senate 47-0 and House 88-0; signed by the Governor and filed with the Secretary of State 26 March 2025.
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