Psilocybin law in every state
Psilocybin law · RI
Is psilocybin legal in Rhode Island?
ProhibitedSchedule I federally
Psilocybin is illegal in Rhode Island: it is a Schedule I controlled substance under R.I. Gen. Laws 21-28-2.08, and every bill to allow personal possession or home cultivation since 2023 has failed to become law.
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 (spelled "psilocyn") are listed as hallucinogenic substances in Schedule I, R.I. Gen. Laws 21-28-2.08, subsection (d), items (15) and (16). (State of Rhode Island General Assembly, current page)
- In June 2023 the Rhode Island House passed H 5923 Sub A, which would have allowed possession of less than one ounce of psilocybin and home cultivation; it was referred to Senate Judiciary on 12 June 2023 and did not become law. (State of Rhode Island General Assembly, 26 Oct 2026)
- Rhode Island has no psilocybin therapy, medical or supervised-use program. (State of Rhode Island General Assembly, current page; State of Rhode Island General Assembly, 26 Oct 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 |
|---|---|---|
| H 79252026 | Relating to Food and Drugs - Uniform Controlled Substances ActWould exempt under one ounce of psilocybin held or shared by a person, or cultivated at home for personal use, and require the Department of Health to write rules for medical use if the FDA reschedules psilocybin; sunset 1 July 2028. | Referred to House Health and Human Services on introduction; no further action before the 2026 session ended (State of Rhode Island General Assembly, 27 Feb 2026; State of Rhode Island General Assembly, 26 Oct 2026) |
| H 77562026 | Relating to Food and Drugs - Uniform Controlled Substances ActEarlier 2026 version of the same psilocybin possession and home-cultivation exemption, contingent FDA-linked medical rules, sunset 1 July 2028. | Withdrawn at sponsor's request (State of Rhode Island General Assembly, 12 Feb 2026; State of Rhode Island General Assembly, 26 Oct 2026) |
| H 51862025 | Relating to Food and Drugs - Uniform Controlled Substances ActWould exempt under one ounce of psilocybin held, shared or cultivated at home for personal use, with Department of Health medical rules contingent on FDA action; sunset 1 July 2027. | House Judiciary recommended the measure be held for further study; died at end of 2025 session (State of Rhode Island General Assembly, 24 Jan 2025; State of Rhode Island General Assembly, 26 Oct 2026) |
| H 70472024 | Relating to Food and Drugs - Uniform Controlled Substances ActWould have permitted possession of less than one ounce of psilocybin and secure home cultivation for personal use. | House Judiciary recommended the measure be held for further study; died at end of 2024 session (State of Rhode Island General Assembly, 26 Oct 2026) |
Penalties
- Possessing a Schedule I controlled substance other than marijuana is a crime punishable by up to 3 years in prison, a fine of $500 to $5,000, or both, R.I. Gen. Laws 21-28-4.01(c)(2)(i). The statute sets no separate first-offence tier. (State of Rhode Island General Assembly, current page)
- Because the maximum term exceeds one year, the offence is a felony under R.I. Gen. Laws 11-1-2. (State of Rhode Island General Assembly, current page; State of Rhode Island General Assembly, current page)
Federal law applies in Rhode Island 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 Rhode Island?
- Psilocybin is illegal in Rhode Island: it is a Schedule I controlled substance under R.I. Gen. Laws 21-28-2.08, and every bill to allow personal possession or home cultivation since 2023 has failed to become law.
- Has any city in Rhode Island decriminalized psilocybin?
- We found no city or county measure in Rhode Island that makes psilocybin a low enforcement priority, as of 26 Oct 2026.
- Are there psilocybin bills in Rhode Island?
- None is pending. Recent bills: H 7925, Referred to House Health and Human Services on introduction; no further action before the 2026 session ended; H 7756, Withdrawn at sponsor's request; H 5186, House Judiciary recommended the measure be held for further study; died at end of 2025 session; H 7047, House Judiciary recommended the measure be held for further study; died at end of 2024 session.
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