Psilocybin law in every state
Psilocybin law · WI
Is psilocybin legal in Wisconsin?
ProhibitedSchedule I federally
Psilocybin is illegal in Wisconsin: psilocybin and psilocin are Schedule I controlled substances under Wis. Stat. 961.14(4)(r) and (s), and the state has no therapy, research-pilot or decriminalization law.
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 psilocin are listed as hallucinogenic substances in Schedule I of the Wisconsin Uniform Controlled Substances Act, Wis. Stat. 961.14(4)(r) and 961.14(4)(s). (Wisconsin Legislature (Legislative Reference Bureau), 1 Oct 2026; Wisconsin Legislature, current page)
- Wisconsin has no state psilocybin therapy, medical or adult-use program, and personal use is not decriminalized. (Legislative Analysis and Public Policy Association, Nov 2025)
- A bipartisan 2023 bill to create a medicinal psilocybin treatment fund and a UW-Madison pilot study for post-traumatic stress (AB 753 / SB 727) failed to pass on 15 April 2024. (Wisconsin Legislature, 15 Apr 2024; Wisconsin Legislature, 15 Apr 2024)
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 |
|---|---|---|
| AB 7532023-2024 | Creating a medicinal psilocybin treatment fund and a pilot program to study the effects of medicinal psilocybin treatment on patients with post-traumatic stress syndrome at the University of Wisconsin-Madison, and making an appropriationWould have funded a UW-Madison pilot study of psilocybin treatment for treatment-resistant PTSD with a new medicinal psilocybin treatment fund. | Failed to pass pursuant to Senate Joint Resolution 1 (died in Assembly Health, Aging and Long-Term Care Committee) (Wisconsin Legislature, 15 Apr 2024) |
| SB 7272023-2024 | Creating a medicinal psilocybin treatment fund and a pilot program to study the effects of medicinal psilocybin treatment on patients with post-traumatic stress syndrome at the University of Wisconsin-Madison, and making an appropriationSenate companion to AB 753, creating a psilocybin PTSD pilot study at UW-Madison and a treatment fund. | Failed to pass pursuant to Senate Joint Resolution 1 (died in Senate Universities and Revenue Committee) (Wisconsin Legislature, 15 Apr 2024) |
Penalties
- Possession or attempted possession of psilocin or psilocybin is punishable on a first conviction by a fine of up to $5,000, up to one year in county jail, or both; a second or subsequent offense is a Class I felony (Wis. Stat. 961.41(3g)(d)). (Wisconsin Legislature (Legislative Reference Bureau), 1 Oct 2026)
Federal law applies in Wisconsin 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 Wisconsin?
- Psilocybin is illegal in Wisconsin: psilocybin and psilocin are Schedule I controlled substances under Wis. Stat. 961.14(4)(r) and (s), and the state has no therapy, research-pilot or decriminalization law.
- Has any city in Wisconsin decriminalized psilocybin?
- We found no city or county measure in Wisconsin that makes psilocybin a low enforcement priority, as of 26 Oct 2026.
- Are there psilocybin bills in Wisconsin?
- None is pending. Recent bills: AB 753, Failed to pass pursuant to Senate Joint Resolution 1 (died in Assembly Health, Aging and Long-Term Care Committee); SB 727, Failed to pass pursuant to Senate Joint Resolution 1 (died in Senate Universities and Revenue Committee).
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