Psilocybin law in every state
Psilocybin law · PA
Is psilocybin legal in Pennsylvania?
ProhibitedSchedule I federally
Psilocybin is illegal in Pennsylvania: it is a Schedule I controlled substance under 35 P.S. 780-104(1)(iii), and two 2025-2026 bills that would align state scheduling with an FDA-approved psilocybin medicine remain in committee.
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 hallucinogenic substances in The Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. 780-104(1)(iii)(14) and (15). (Pennsylvania General Assembly, current page)
- On 16 September 2025 the Pennsylvania House Majority Policy Committee held a hearing on psilocybin for treatment-resistant depression, featuring Rep. Jennifer O'Mara's bill to align state scheduling with FDA and DEA decisions on pharmaceutical-grade psilocybin; the bill would not legalize or decriminalize natural psilocybin. (Pennsylvania House Democratic Caucus, 16 Sep 2025)
- In December 2025 Sen. Tracy Pennycuick circulated a two-bill veterans package: a rescheduling bill (introduced as SB 1149) and a planned amendment to Pennsylvania's Right-to-Try Act offering psilocybin-assisted therapy to veterans, effective only if the DEA reschedules psilocybin or grants a waiver. (Pennsylvania State Senate, 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
| Bill | What it would do | Status |
|---|---|---|
| HB 14392025-2026 | Amending The Controlled Substance, Drug, Device and Cosmetic Act, further providing for authority to controlOn FDA approval, would schedule the pharmaceutical composition of crystalline polymorph psilocybin to match federal law, with notice in the Pennsylvania Bulletin within five business days of DEA rescheduling. | PendingReferred to House Health Committee 12 May 2025; no further action (Pennsylvania General Assembly, 12 May 2025; Pennsylvania General Assembly, 12 May 2025) |
| SB 11492025-2026 | Amending The Controlled Substance, Drug, Device and Cosmetic Act, further providing for authority to controlOn FDA approval, would schedule the pharmaceutical composition of synthetic psilocybin to match federal law, taking effect 30 days after publication of DEA rescheduling in the Pennsylvania Bulletin. | PendingReferred to Senate Judiciary Committee 23 January 2026; no further action (Pennsylvania General Assembly, 23 Jan 2026; Pennsylvania General Assembly, 23 Jan 2026; Pennsylvania State Senate, 15 Dec 2025) |
Penalties
- Knowing or intentional possession of a controlled substance without a prescription (35 P.S. 780-113(a)(16)) is a misdemeanor punishable by up to one year in prison, a fine of up to $5,000, or both; after a prior drug conviction the maximum rises to three years and $25,000 (35 P.S. 780-113(b)). (Pennsylvania General Assembly, current page)
Federal law applies in Pennsylvania 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 Pennsylvania?
- Psilocybin is illegal in Pennsylvania: it is a Schedule I controlled substance under 35 P.S. 780-104(1)(iii), and two 2025-2026 bills that would align state scheduling with an FDA-approved psilocybin medicine remain in committee.
- Has any city in Pennsylvania decriminalized psilocybin?
- We found no city or county measure in Pennsylvania that makes psilocybin a low enforcement priority, as of 26 Oct 2026.
- Are there psilocybin bills in Pennsylvania?
- 2 bills are still pending: HB 1439 (Referred to House Health Committee 12 May 2025; no further action); SB 1149 (Referred to Senate Judiciary Committee 23 January 2026; no further action).
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