Psilocybin law in every state
Psilocybin law · WV
Is psilocybin legal in West Virginia?
ProhibitedSchedule I federally
Psilocybin is illegal in West Virginia: it is a Schedule I controlled substance under W. Va. Code 60A-2-204(d), and a 2026 law (SB 906) only allows prescribing of a psilocybin drug if the FDA approves it and the DEA reschedules it.
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 of the West Virginia Uniform Controlled Substances Act, W. Va. Code 60A-2-204(d). (West Virginia Legislature, current page)
- SB 906, approved by the Governor on 27 March 2026 and effective 12 June 2026, added W. Va. Code 60A-2-201(g): if a drug containing an organic psilocybin substance or crystalline polymorph psilocybin is approved by the FDA and rescheduled by the DEA, it becomes lawful to prescribe, distribute and market it in line with FDA recommendations. (West Virginia Legislature, 25 Jun 2026; West Virginia Legislature, 14 Mar 2026; West Virginia Legislature, current page)
- West Virginia has no state psilocybin therapy, medical or adult-use program, and personal use is not decriminalized. (Legislative Analysis and Public Policy Association, Nov 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 9062026 Regular Session | Permitting lawful prescription of crystalline polymorph psilocybin under FDA recommendationsMakes it lawful to prescribe, distribute and market an FDA-approved, DEA-rescheduled psilocybin drug (organic psilocybin substance or crystalline polymorph psilocybin). | Signed by the Governor 27 March 2026; effective 12 June 2026 (Chapter 249, Acts 2026) (West Virginia Legislature, 25 Jun 2026; West Virginia Legislature, 14 Mar 2026) |
| HB 55882026 Regular Session | Therapeutic Psilocybin Act For Veterans And First RespondersWould establish a regulated framework for the medical use of psilocybin to treat post-traumatic stress disorder, with production licensing, testing labs and a verification system. | Referred to House Health and Human Resources on 16 February 2026; no further action, died when the 2026 regular session ended (West Virginia Legislature, current page) |
| HB 46402026 Regular Session | Relating to drug scheduling of FDA-approved psilocybinWould have allowed FDA-approved organic or crystalline polymorph psilocybin drugs to be prescribed once rescheduled; the House version of the policy enacted through SB 906. | Reported by committee substitute 28 January 2026; left on first reading on the House Calendar from 2 February 2026, died when the session ended (West Virginia Legislature, current page) |
| HB 47212026 Regular Session | Relating to scheduling of FDA-approved crystalline polymorph psilocybinWould have added a provision on scheduling crystalline polymorph psilocybin approved by the FDA. | Referred to House Health and Human Resources, then Judiciary, on 22 January 2026; no further action, died when the session ended (West Virginia Legislature, current page) |
| HB 33432025 Regular Session | Relating to scheduling of FDA-approved crystalline polymorph psilocybinWould have made it lawful to prescribe, distribute and market crystalline polymorph psilocybin once approved by the FDA. | Passed House 26 March 2025 (Roll No. 197); referred to Senate Health and Human Resources 27 March 2025, died there (West Virginia Legislature, current page; Legislative Analysis and Public Policy Association, Nov 2025) |
Penalties
- Possession of a controlled substance without a valid prescription is a misdemeanor punishable by 90 days to six months in jail, a fine of up to $1,000, or both (W. Va. Code 60A-4-401(c)). (West Virginia Legislature, current page)
- A first-time possession defendant with no prior drug conviction may receive a conditional discharge: proceedings are deferred on probation and dismissed on completion, without a conviction, once per person (W. Va. Code 60A-4-407). (West Virginia Legislature, current page)
Federal law applies in West 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 West Virginia?
- Psilocybin is illegal in West Virginia: it is a Schedule I controlled substance under W. Va. Code 60A-2-204(d), and a 2026 law (SB 906) only allows prescribing of a psilocybin drug if the FDA approves it and the DEA reschedules it.
- Has any city in West Virginia decriminalized psilocybin?
- We found no city or county measure in West Virginia that makes psilocybin a low enforcement priority, as of 26 Oct 2026.
- Are there psilocybin bills in West Virginia?
- None is pending. Recent bills: SB 906, Signed by the Governor 27 March 2026; effective 12 June 2026 (Chapter 249, Acts 2026); HB 5588, Referred to House Health and Human Resources on 16 February 2026; no further action, died when the 2026 regular session ended; HB 4640, Reported by committee substitute 28 January 2026; left on first reading on the House Calendar from 2 February 2026, died when the session ended; HB 4721, Referred to House Health and Human Resources, then Judiciary, on 22 January 2026; no further action, died when the session ended; HB 3343, Passed House 26 March 2025 (Roll No. 197); referred to Senate Health and Human Resources 27 March 2025, died there.
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