Psilocybin laws by state

As of October 20, 2026, psilocybin is a Schedule I drug under federal law in every state.² State law is where the differences are. Of the 50 states and Washington, D.C., two run regulated programs where adults can take psilocybin at licensed centers, three have medical programs or pilots, seven (six states plus D.C.) have city-level decriminalization only, 13 have passed research or task force laws, and 26 haven't changed their criminal laws.¹

Select a state on the map, or search the table below. Six states with the most activity have their own guides: Oregon, Colorado, New Mexico, Washington, California and Nevada.

The map

• No reform
• Research or task force
• City-level decriminalization
• Medical program or pilot
• Regulated adult program

Each state is shown in its single most permissive category. The categories, from least to most reform:

• No reform. Possession, sale and cultivation are crimes under state law. Some of these states have passed laws that would only take effect if the FDA approves a psilocybin drug.
• Research or task force. The state funds research, a study group or a trial consortium, but hasn't changed criminal penalties. Several of these laws cover ibogaine, not psilocybin.
• City-level decriminalization. One or more cities or counties have made enforcement a low priority. State law is unchanged.
• Medical program or pilot. A state law lets some patients receive psilocybin treatment in a medical program or hospital pilot.
• Regulated adult program. Adults 21+ can take psilocybin at state-licensed centers without a diagnosis.

Every state, in one table

Federal law

Psilocybin and psilocin are listed in Schedule I of the Controlled Substances Act, the category for drugs the government says have a high potential for abuse and no accepted medical use.² Mushrooms that contain them are treated the same way. Possessing, growing or selling them is a federal crime in every state, including Oregon and Colorado, and state programs offer no protection on federal property or from federal officers.¹

Three federal developments are worth knowing:

• A rescheduling petition is under review. In 2022, Seattle physician Sunil Aggarwal asked the DEA to move psilocybin to Schedule II. The DEA refused, and in October 2023 the Ninth Circuit Court of Appeals called its explanation inadequate and sent the petition back.³ On August 11, 2025, the DEA forwarded it to the Department of Health and Human Services for a scientific and medical evaluation.⁴ We found no public HHS recommendation as of October 20, 2026. Psilocybin stays in Schedule I while the review runs.
• Right to Try doesn't cover it yet. In February 2025, the Ninth Circuit ruled that the federal Right to Try Act doesn't excuse a doctor from needing a DEA Schedule I registration to give psilocybin to dying patients.⁵
• The White House wants faster drug reviews. Executive Order 14401, signed April 18, 2026, directs the FDA to speed up review of psychedelic drugs with Breakthrough Therapy designation, asks the FDA and DEA to create a Right to Try pathway, and steers at least $50 million to state programs. It doesn't legalize psilocybin.⁶ Our explainer covers what the order does and doesn't do.

Where adults can take psilocybin legally

Oregon was first. Since 2023, adults 21 and older have been able to take psilocybin at a licensed service center with a licensed facilitator, with no prescription or diagnosis needed. The program served 5,935 clients in 2025.⁷ Psilocybin outside the program is illegal, and possession became a misdemeanor again in 2024. Oregon guide.

Colorado licensed its first healing center in 2025 and had 47 as of October 16, 2026.⁸ Colorado also lets adults 21 and older possess, grow and share psilocybin for personal use, as long as nothing is sold. Colorado guide.

Medical programs and pilots. New Mexico's Medical Psilocybin Act created a program for patients with qualifying conditions, with first patients targeted for the end of 2026.⁹ New Jersey enacted a two-year, three-hospital pilot in January 2026.¹⁰ Utah's 2024 law lets two health systems offer psilocybin and MDMA treatment, though lawmakers said in 2025 that federal rules made the drugs hard to obtain.¹¹

What "decriminalized" means

When a city "decriminalizes" psilocybin, it usually passes a resolution or ordinance telling its police to treat personal use, growing and sharing as their lowest priority, or barring city money from being spent on enforcement.¹ That matters in practice, but it has limits:

• Possession is still a crime under state and federal law.
• County sheriffs, state police, prosecutors and federal agents aren't bound by a city council.
• Almost every measure excludes selling, driving, minors and use near schools.
• A measure can be narrowed or repealed by a later council.

Denver became the first U.S. city to take this step, when voters approved Initiative 301 in May 2019.¹²

Cities and counties with lowest-priority measures

At least 35 jurisdictions, including D.C., have passed a measure. The list below draws on the UC Berkeley tracker and local sources, and may not be complete.^1,22 Los Angeles, San Diego, Las Vegas, Austin, Houston and Dallas have no such measure.

"Trigger" laws, explained

Several states with no other reform, including Arizona, Georgia, Virginia and West Virginia, have passed laws that only take effect if the FDA approves a psilocybin medicine and the DEA reschedules it.^1,23 Most are written around "crystalline polymorph psilocybin," the form used in Compass Pathways' COMP360. They let doctors prescribe that one product quickly once it's federally approved. They don't change anything about psilocybin or mushrooms today, which is why those states appear as "No reform" or "Research or task force" on the map.

The November 3, 2026 ballot

No statewide measure to legalize or decriminalize psilocybin is on any ballot this year.²¹ Idaho voters will decide HJR 4, a constitutional amendment that would give only the Legislature the power to legalize psychoactive substances and would bar citizen initiatives on the subject.²⁰ Several Oregon cities, including Redmond, are voting on local bans of licensed psilocybin businesses.²¹ Our ballot guide has the details.

Common questions

Is psilocybin legal anywhere in the United States?

Only inside state programs. Adults 21 and older can take psilocybin at licensed service centers in Oregon and licensed healing centers in Colorado, and New Mexico, New Jersey and Utah have passed laws creating medical programs or pilots for some patients, though we found no evidence that any is treating patients yet. Colorado also lets adults 21 and older possess, grow and share psilocybin without selling it. It remains illegal under federal law everywhere.

Is psilocybin legal under federal law?

No. Psilocybin and psilocin are Schedule I controlled substances under the federal Controlled Substances Act. A petition to move psilocybin to Schedule II has been under review at the Department of Health and Human Services since August 2025, and the FDA hasn't approved any psilocybin drug.

Does decriminalized mean legal?

No. Decriminalization usually means a city or county has made enforcement against personal use its lowest priority. Possession is still a crime under state and federal law, and the measures don't cover selling.

Where can psilocybin be sold legally?

Only within Oregon's and Colorado's licensed systems, where clients take psilocybin on site under supervision, and in state medical programs as they open. Selling psilocybin outside those programs is a crime under state and federal law.

Would FDA approval of a psilocybin drug make mushrooms legal?

No. An approval would cover one manufactured drug given under medical supervision, and it would still need DEA rescheduling. Where COMP360 stands is covered in our research tracker.

Other summaries

The UC Berkeley Center for the Science of Psychedelics maintains a detailed law and policy map with Psychedelic Alpha and Calyx Law.¹ For a shorter question-and-answer version, see My Mushroom Dispensary's legality page. Laws change quickly, and none of this is legal advice.