Psilocybin law in every state
Psilocybin law · TX
Is psilocybin legal in Texas?
ProhibitedSchedule I federally
Psilocybin is illegal in Texas: psilocin and psilocybin are listed in Penalty Group 2 of the Texas Controlled Substances Act (Tex. Health & Safety Code 481.103), and possessing even less than one gram is a state jail felony.
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
- Psilocin and psilocybin are listed in Penalty Group 2 of the Texas Controlled Substances Act, Tex. Health & Safety Code 481.103(a)(1), which covers any quantity of the listed hallucinogenic substances. (Texas Legislature, current page)
- HB 1802 (2021) directed the Health and Human Services Commission, with Baylor College of Medicine and a veterans hospital or medical center, to study alternative therapies for veterans with PTSD, including a clinical trial of psilocybin for treatment-resistant PTSD. (Texas Legislature Online, 2021; Texas Legislature Online, 18 Jun 2021)
- HB 1802 required a final report by 1 December 2024, and the Act expired on 1 September 2025. (Texas Legislature Online, 2021)
- SB 2308 (2025) added Chapter 491 to the Health and Safety Code, creating a framework for a consortium to run FDA drug development clinical trials of ibogaine, with state disbursements conditional on matching non-state funds. It does not cover psilocybin. (Texas Legislature Online, 2025; Texas Legislature Online, 11 Jun 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 |
|---|---|---|
| SB 230889th Legislature (2025) | Relating to the establishment of a consortium to conduct United States Food and Drug Administration's drug development clinical trials with ibogaineCreates a state-supported consortium framework for FDA clinical trials of ibogaine for opioid use disorder and related conditions (ibogaine, not psilocybin). | Signed by the Governor 11 June 2025, effective immediately (Texas Legislature Online, 11 Jun 2025; Texas Legislature Online, 2025) |
| HB 401489th Legislature (2025) | Relating to a study on the use of psychedelic therapies in the treatment of certain conditionsWould have had the Health and Human Services Commission, with Baylor College of Medicine and Dell Medical School, study MDMA, psilocybin and ketamine therapies for PTSD, depression and co-occurring conditions. | Passed the House; referred to Senate Health & Human Services on 19 May 2025 and died when the regular session ended (Texas Legislature Online, 19 May 2025; Texas Legislature Online, 2025) |
Penalties
- Possession of less than one gram of a Penalty Group 2 substance is a state jail felony (Tex. Health & Safety Code 481.116(b)), punishable by 180 days to two years in a state jail and a fine of up to $10,000 (Tex. Penal Code 12.35). (Texas Legislature, current page; Texas Legislature, current page)
- Possession of one gram or more but less than four grams is a third-degree felony; four grams or more but less than 400 grams is a second-degree felony; 400 grams or more is a first-degree felony punishable by 5 to 99 years or life and a fine of up to $50,000 (Tex. Health & Safety Code 481.116(c) to (e)). Weight includes adulterants and dilutants. (Texas Legislature, current page)
Federal law applies in Texas 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)
Law-change log
- 11 Jun 2025: SB 2308 took effect, establishing a consortium to conduct FDA drug-development clinical trials with ibogaine. It does not legalise ibogaine treatment, which remains Schedule I under federal law. (Texas Legislature Online, 11 Jun 2025)
Questions and answers
- Is psilocybin legal in Texas?
- Psilocybin is illegal in Texas: psilocin and psilocybin are listed in Penalty Group 2 of the Texas Controlled Substances Act (Tex. Health & Safety Code 481.103), and possessing even less than one gram is a state jail felony.
- Has any city in Texas decriminalized psilocybin?
- We found no city or county measure in Texas that makes psilocybin a low enforcement priority, as of 26 Oct 2026.
- Are there psilocybin bills in Texas?
- None is pending. Recent bills: SB 2308, Signed by the Governor 11 June 2025, effective immediately; HB 4014, Passed the House; referred to Senate Health & Human Services on 19 May 2025 and died when the regular session ended.
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