Psilocybin law · OH
Is psilocybin legal in Ohio?
Psilocybin is illegal in Ohio: it is a Schedule I controlled substance under Ohio Adm. Code 4729:9-1-01, adopted under R.C. 3719.41, and possessing any amount below the bulk amount is a fifth-degree 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 psilocyn are listed as Schedule I hallucinogens in Ohio Adm. Code 4729:9-1-01(D)(29) and (D)(30); R.C. 3719.41 directs the State Board of Pharmacy to establish the controlled substance schedules by rule. (Legislative Service Commission (codes.ohio.gov), effective 2025-11-08; Legislative Service Commission (codes.ohio.gov), effective 2026-03-20)
- Ohio's FY 2026-27 operating budget (HB 96) created a House Ibogaine Treatment Study Committee, chaired by Rep. Justin Pizzulli, to evaluate ibogaine for substance use disorders and for veterans with PTSD, depression and mild traumatic brain injury; it held its first meeting in December 2025. (Ohio House of Representatives, 15 Dec 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
We found no psilocybin or psychedelic bill in the 2025 or 2026 sessions, as of 26 Oct 2026.
Penalties
- Possessing a Schedule I substance such as psilocybin in an amount less than the bulk amount is aggravated possession of drugs, a felony of the fifth degree (R.C. 2925.11(C)(1)(a)). (Legislative Service Commission (codes.ohio.gov), effective 2025-04-09)
- A fifth-degree felony carries a definite prison term of six to twelve months (R.C. 2929.14(A)(5)) and a fine of up to $2,500 (R.C. 2929.18(A)(3)(e)); whether prison is imposed is decided under R.C. 2929.13(B). (Legislative Service Commission (codes.ohio.gov), current page; Legislative Service Commission (codes.ohio.gov), current page; Legislative Service Commission (codes.ohio.gov), effective 2025-04-09)
Federal law applies in Ohio 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 Ohio?
- Psilocybin is illegal in Ohio: it is a Schedule I controlled substance under Ohio Adm. Code 4729:9-1-01, adopted under R.C. 3719.41, and possessing any amount below the bulk amount is a fifth-degree felony.
- Has any city in Ohio decriminalized psilocybin?
- We found no city or county measure in Ohio that makes psilocybin a low enforcement priority, as of 26 Oct 2026.
- Are there psilocybin bills in Ohio?
- We found no psilocybin bill in the Ohio legislature's 2025 or 2026 sessions.
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