Psilocybin law in every state
Psilocybin law · VA
Is psilocybin legal in Virginia?
ProhibitedSchedule I federally
Psilocybin is illegal in Virginia: it is a Schedule I controlled substance under Va. Code 54.1-3446, and possession is a Class 5 felony under Va. Code 18.2-250.
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 among the hallucinogenic substances in Schedule I of the Virginia Drug Control Act, Va. Code 54.1-3446(3). (Virginia General Assembly (LIS), current page)
- 2026 Acts of Assembly Chapters 305 and 306 (HB 1347 and SB 379) direct the Board of Pharmacy to reschedule an FDA-approved formulation of psilocybin, designed to be administered by a health care professional in a health care setting, consistent with federal scheduling changes. Approved 6 April 2026, effective 1 July 2026. (Virginia General Assembly (LIS), 6 Apr 2026; Virginia General Assembly (LIS), 6 Apr 2026; Virginia LIS, 6 Apr 2026; Virginia LIS, 6 Apr 2026)
- In 2025 the General Assembly passed SB 1135, which would have directed the Board of Pharmacy to allow prescribing and dispensing of crystalline polymorph psilocybin after FDA approval and DEA rescheduling; the Governor vetoed it on 24 March 2025 and the Senate sustained the veto on 2 April 2025. (Virginia LIS, 2 Apr 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 7402026 | Breakthrough Therapies for Veteran Suicide Prevention Act; fund and council established; reportWould create a fund to support clinical research and implementation of FDA Breakthrough Therapies for PTSD, treatment-resistant depression, major depressive disorder and traumatic brain injury (the summary does not name psilocybin). | PendingContinued to 2027 in Senate Finance and Appropriations (Virginia LIS, 12 Feb 2026) |
| SB 3792026 | Psilocybin; Board of Pharmacy to reschedule upon federal scheduling changesDirects the Board of Pharmacy to reschedule psilocybin consistent with federal scheduling once the FDA approves a formulation for administration by a health care professional in a health care setting. | Approved by Governor 6 April 2026 (Chapter 306), effective 1 July 2026 (Virginia LIS, 6 Apr 2026; Virginia General Assembly (LIS), 6 Apr 2026) |
| HB 13472026 | Psilocybin; Board of Pharmacy to reschedule upon federal scheduling changesIdentical companion to SB 379. | Approved by Governor 6 April 2026 (Chapter 305), effective 1 July 2026 (Virginia LIS, 6 Apr 2026; Virginia General Assembly (LIS), 6 Apr 2026) |
| SB 11352025 | Crystalline polymorph psilocybin; regulations for prescribing, etc.Would have directed the Board of Pharmacy to allow prescribing, dispensing, possessing and using crystalline polymorph psilocybin after FDA approval and DEA rescheduling. | Vetoed by Governor 24 March 2025; veto sustained by Senate 2 April 2025 (Virginia LIS, 2 Apr 2025) |
| SB 11012025 | Breakthrough Therapies for Veteran Suicide Prevention Advisory Council; establishedWould have established an advisory council to advise the Department of Health on supporting clinical research and treatment with breakthrough therapies for PTSD, depression and traumatic brain injury. | Passed Senate 40-0; passed by indefinitely in House Rules on 17 Feb 2025 (Virginia LIS, 17 Feb 2025) |
| HB 802024 (continued to 2025) | Breakthrough Therapies for Veteran Suicide Prevention, Advisory Council on; established, reportWould have established an advisory council on breakthrough therapies for veteran suicide prevention. | Continued to 2025 in House Rules on 1 Feb 2024, then left in Rules on 18 Nov 2024 (Virginia LIS, 18 Nov 2024) |
Penalties
- Possession of a Schedule I substance is a Class 5 felony (Va. Code 18.2-250(A)(a)), punishable by 1 to 10 years in prison or, at the discretion of the jury or court, up to 12 months in jail and a fine of up to $2,500, either or both (Va. Code 18.2-10(e)). (Virginia General Assembly (LIS), current page; Virginia General Assembly (LIS), current page)
Federal law applies in Virginia 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 Virginia?
- Psilocybin is illegal in Virginia: it is a Schedule I controlled substance under Va. Code 54.1-3446, and possession is a Class 5 felony under Va. Code 18.2-250.
- Has any city in Virginia decriminalized psilocybin?
- We found no city or county measure in Virginia that makes psilocybin a low enforcement priority, as of 26 Oct 2026.
- Are there psilocybin bills in Virginia?
- 1 bill is still pending: SB 740 (Continued to 2027 in Senate Finance and Appropriations).
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