Psilocybin law · TN
Is psilocybin legal in Tennessee?
Psilocybin is illegal in Tennessee: it is a Schedule I controlled substance under Tenn. Code Ann. 39-17-406(d), and the state's 2026 psychedelic research law covers ibogaine clinical trials, not psilocybin.
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, Tenn. Code Ann. 39-17-406(d)(32) and (d)(33), each described as a "constituent of magic mushrooms". (FindLaw (Thomson Reuters), current as of 2024-01-02, current page)
- The HOPE Treatment Act (SB2149/HB2075, Public Chapter 1119), signed 27 May 2026, lets Tennessee research institutions run ibogaine clinical trials under FDA investigational new drug authorization, limits administration to hospitals or qualified research facilities, and gives participants immunity for compliant trial conduct. It does not cover psilocybin. (Tennessee General Assembly, 27 May 2026)
- Tennessee has no psilocybin therapy, medical or decriminalization law. (FindLaw (Thomson Reuters), current as of 2024-01-02, current page; FindLaw (Thomson Reuters), current as of 2024-01-02, 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 |
|---|---|---|
| SB2149 / HB20752025-2026 (114th General Assembly) | HOPE Treatment Act (relative to clinical trials)Authorizes Tennessee research institutions to take part in FDA-authorized ibogaine clinical trials with screening and safety protocols and criminal immunity for compliant participants. | Signed by Governor 27 May 2026, Public Chapter 1119 (Tennessee General Assembly, 27 May 2026) |
Penalties
- Knowingly possessing or casually exchanging a controlled substance without a valid prescription, including psilocybin, is a Class A misdemeanor, Tenn. Code Ann. 39-17-418(a) and (c)(1), punishable by up to 11 months 29 days in jail, a fine of up to $2,500, or both, Tenn. Code Ann. 40-35-111. (FindLaw (Thomson Reuters), current as of 2024-01-02, current page; FindLaw (Thomson Reuters), current page)
Federal law applies in Tennessee 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 Tennessee?
- Psilocybin is illegal in Tennessee: it is a Schedule I controlled substance under Tenn. Code Ann. 39-17-406(d), and the state's 2026 psychedelic research law covers ibogaine clinical trials, not psilocybin.
- Has any city in Tennessee decriminalized psilocybin?
- We found no city or county measure in Tennessee that makes psilocybin a low enforcement priority, as of 26 Oct 2026.
- Are there psilocybin bills in Tennessee?
- None is pending. Recent bills: SB2149 / HB2075, Signed by Governor 27 May 2026, Public Chapter 1119.
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