Psilocybin law in every state
Psilocybin law · SD
Is psilocybin legal in South Dakota?
ProhibitedSchedule I federally
Psilocybin is illegal in South Dakota: psilocybin and psilocyn are Schedule I controlled substances under SDCL 34-20B-14, and a 2026 law only moves an FDA-approved crystalline polymorph psilocybin drug to Schedule IV if one is approved.
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, SDCL 34-20B-14, items (18) and (19); item (18) excepts only the pharmaceutical composition of crystalline polymorph psilocybin in a drug product approved by the U.S. Food and Drug Administration. (South Dakota Legislative Research Council, current page; South Dakota Legislative Research Council, 10 Mar 2026)
- House Bill 1099 (2026 Session Laws, Chapter 149), signed 10 March 2026, places the pharmaceutical composition of crystalline polymorph psilocybin in an FDA-approved drug product in Schedule IV (SDCL 34-20B-25) and excepts it from Schedule I. (South Dakota Legislative Research Council, 10 Mar 2026; South Dakota Legislative Research Council, current page)
- The 2026 law does not cover natural psilocybin mushrooms, and possession for non-medical use remains illegal. (South Dakota Legislative Research Council, 10 Mar 2026; KOTA Territory News (South Dakota Searchlight), 26 Feb 2026)
- South Dakota also makes it a separate offence to knowingly ingest a controlled substance or have one in an altered state in the body without a prescription, SDCL 22-42-5.1. (South Dakota Legislative Research Council, 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 |
|---|---|---|
| HB 10992026 | Reschedule the pharmaceutical composition of crystalline polymorph psilocybin in a drug product approved by the Food and Drug Administration as a Schedule IV controlled substanceMoves an FDA-approved crystalline polymorph psilocybin drug product from Schedule I to Schedule IV so it could be prescribed once federally approved and rescheduled. | Signed 10 March 2026 (2026 Session Laws, Chapter 149); passed House 58-7 on 9 February 2026 (South Dakota Legislative Research Council, 10 Mar 2026; KOTA Territory News (South Dakota Searchlight), 26 Feb 2026) |
Penalties
- Knowingly possessing a Schedule I or II substance, including psilocybin, is a Class 5 felony, SDCL 22-42-5, punishable by up to 5 years in a state correctional facility and a fine of up to $10,000, SDCL 22-6-1(8). (South Dakota Legislative Research Council, current page; South Dakota Legislative Research Council, current page)
- A first conviction for unauthorized ingestion of a controlled substance is a Class 1 misdemeanor with a mandatory drug and alcohol evaluation and supervised probation, SDCL 22-42-5.1(1). (South Dakota Legislative Research Council, current page)
Federal law applies in South 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 South Dakota?
- Psilocybin is illegal in South Dakota: psilocybin and psilocyn are Schedule I controlled substances under SDCL 34-20B-14, and a 2026 law only moves an FDA-approved crystalline polymorph psilocybin drug to Schedule IV if one is approved.
- Has any city in South Dakota decriminalized psilocybin?
- We found no city or county measure in South Dakota that makes psilocybin a low enforcement priority, as of 26 Oct 2026.
- Are there psilocybin bills in South Dakota?
- None is pending. Recent bills: HB 1099, Signed 10 March 2026 (2026 Session Laws, Chapter 149); passed House 58-7 on 9 February 2026.
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