Psilocybin law in every state
Psilocybin law · SC
Is psilocybin legal in South Carolina?
ProhibitedSchedule I federally
Psilocybin is illegal in South Carolina: it is a Schedule I controlled substance under S.C. Code 44-53-190(D), and no bill to legalize, decriminalize or study it was filed in the 2025-2026 session.
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 hallucinogenic substances in Schedule I, S.C. Code 44-53-190(D), items 16 (Psilocybin) and 17 (Psilocyn). (South Carolina Legislative Services Agency, current page)
- A full-text search of 2025-2026 South Carolina legislation for "psilocybin" returns only two bills, S. 1039 and H. 5397, both of which would add substituted tryptamines to Schedule I and leave psilocybin listed in Schedule I. (South Carolina Legislative Services Agency, 19 Mar 2026; South Carolina Legislative Services Agency, 19 Mar 2026; South Carolina Legislative Services Agency, 15 Apr 2026)
- South Carolina has no psilocybin therapy, medical or research program in statute. (South Carolina Legislative Services Agency, current page)
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 |
|---|---|---|
| S. 10392025-2026 | Schedule I substancesWould add "substituted tryptamines" (a structural class including DMT and 5-MeO-DMT) to Schedule I in 44-53-190(D); psilocybin stays in Schedule I. | Referred to Senate Committee on Medical Affairs; no further action, died when the 2025-2026 session ended (South Carolina Legislative Services Agency, 19 Mar 2026; South Carolina Legislative Services Agency, 19 Mar 2026) |
| H. 53972025-2026 | Controlled SubstancesHouse companion that would add substituted tryptamines to Schedule I in 44-53-190. | Referred to House Judiciary Committee; last action a sponsor addition, died when the 2025-2026 session ended (South Carolina Legislative Services Agency, 15 Apr 2026) |
Penalties
- A first conviction for possessing psilocybin (a Schedule I substance other than a narcotic drug or LSD) is a misdemeanor punishable by up to 6 months in prison, a fine of up to $1,000, or both; a second or subsequent offence carries up to 1 year, up to $2,000, or both, S.C. Code 44-53-370(c) and (d)(2). (South Carolina Legislative Services Agency, current page)
Federal law applies in South Carolina 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 South Carolina?
- Psilocybin is illegal in South Carolina: it is a Schedule I controlled substance under S.C. Code 44-53-190(D), and no bill to legalize, decriminalize or study it was filed in the 2025-2026 session.
- Has any city in South Carolina decriminalized psilocybin?
- We found no city or county measure in South Carolina that makes psilocybin a low enforcement priority, as of 26 Oct 2026.
- Are there psilocybin bills in South Carolina?
- None is pending. Recent bills: S. 1039, Referred to Senate Committee on Medical Affairs; no further action, died when the 2025-2026 session ended; H. 5397, Referred to House Judiciary Committee; last action a sponsor addition, died when the 2025-2026 session ended.
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