Is psilocybin legal where you live?
All 50 states and DC, sorted by what you can actually do — not by what the headlines imply. Two states have legal supervised access. Most do not, and several are widely listed as reformed when they are not.
Checked against primary sources · corrections welcomed at /contact
The short answer
As of 30 August 2026, psilocybin remains a Schedule I controlled substance under the federal Controlled Substances Act. It has not been approved by the FDA and has not been rescheduled by the DEA. Under state law, 2 states (Oregon and Colorado) run legal supervised-access programs, 1 (New Mexico) is building one, 7 fund research or pilot access only, and 7 have cities that deprioritized enforcement without changing state law. In 34 it is simply illegal.
- Legal supervised access
- 2
- Program in development
- 1
- Research or pilot only
- 7
- Trigger laws awaiting FDA
- 4
The map
Psilocybin legal status, state by state
Color shows what the law allows, not what enforcement looks like in practice. Select any state for its statute, penalties and sources.
- Legal supervised access
- 2
- Program being built
- 1
- Research or pilot access only
- 7
- Local deprioritization only
- 7
- Illegal
- 34
Point at a state — or tab through the map — for its status. Select one for the full entry: statute, local ordinances, penalties and sources.
- Legal supervised access2
- Program being built1
- Research or pilot access only7
- Local deprioritization only7
- Illegal34
Nine jurisdictions — Vermont through DC — are drawn as labeled squares because they are too small to read at this scale. Color is never the only signal: every status is also written out in the table below.
The tracker
Every state, by what you can actually do
Search or filter. Open a state for its statute, local ordinances, penalties and our sources.
Showing 51 of 51
- ColoradoLegal supervised accessAdults 21+ may possess, grow and share psilocybin without payment, and may pay for supervised sessions at licensed healing centers. The first healing center license was issued in April 2025 and centers are now operating.Proposition 122 / Natural Medicine Health Act (2022); SB 23-290; HB 26-1325 (2026)
- OregonLegal supervised accessAdults 21+ can legally take psilocybin at a state-licensed service center with a licensed facilitator — no diagnosis or prescription required. Buying, possessing or using it anywhere else is still a crime. More than 20,000 people have used the program since it opened in mid-2023.Ballot Measure 109 (2020), ORS 475A
- New MexicoProgram being builtThe Medical Psilocybin Act is law and the Department of Health began accepting producer applications on 17 August 2026, but no patient can be treated yet. The state is targeting first access by the end of 2026, ahead of a statutory deadline of December 2027.SB 219, Medical Psilocybin Act (2025)
- ArizonaResearch or pilot access onlyTrigger lawIllegal for the public, but Arizona has put roughly $5 million into whole-mushroom psilocybin research — a first-responder PTSD trial began dosing in January 2026 — and a 2025 trigger law would allow prescribing once the FDA approves and the DEA reschedules.SB 1555 (2025) trigger law; state research appropriation (2023)
- ConnecticutResearch or pilot access onlyPossession is still a crime, but Connecticut funds a pilot providing psilocybin- and MDMA-assisted therapy inside an FDA-approved research program. In June 2026 it was expanded from veterans and first responders to any clinically eligible adult 18+.PA 22-118 (2022 pilot); SB 191 (2026 expansion, signed 4 June 2026)
- IndianaResearch or pilot access onlyIllegal for residents, but Indiana created a therapeutic psilocybin research fund and appropriated money for clinical trials. The only lawful route is enrolling in a funded study.HB 1259 (2024); HB 1166 (2025 appropriation)
- LouisianaResearch or pilot access onlyIllegal for the public. A 2026 law creates a psychedelic-assisted therapy pilot funded by opioid settlement money, covering psilocybin, ibogaine and MDMA trials, and requiring FDA and DEA research authorization.SB 43 (2026, became law 26 June 2026 without signature)
- New JerseyResearch or pilot access onlyIllegal for general use, though possession of an ounce or less has been a lower-level offense since 2021. A law signed in January 2026 funds a $6 million psilocybin therapy pilot at three hospitals for adults 21+ with qualifying conditions and a practitioner's written approval.S2283 / A3852, Psilocybin Behavioral Health Access and Therapy Pilot Program (2026)
- TexasResearch or pilot access onlyPossession is a felony, but Texas funds psychedelic research: a 2021 law directed a psilocybin and PTSD study for veterans, running at Baylor College of Medicine, and a 2025 law committed roughly $50 million to ibogaine development. The only lawful route is a trial.HB 1802 (2021); SB 2308 (2025)
- UtahResearch or pilot access onlyIllegal for the public, but a 2024 pilot lets two large health systems — Intermountain Health and University of Utah Health — administer psilocybin and MDMA for approved conditions inside their hospitals. A 2026 law authorizes a donation-funded trial for veterans with treatment-resistant PTSD.SB 266 (2024, sunsets July 2027); HB 390 (2026)
- CaliforniaLocal deprioritization onlyStill illegal under state law. Six cities have deprioritized enforcement, which is not legal protection. Two statewide reform bills have failed since 2023 — SB 58 was vetoed in 2023 and SB 751 was held in committee in 2025.SB 58 (vetoed 2023); SB 751 (held, 2025)
- District of ColumbiaLocal deprioritization onlyStill illegal. Initiative 81, approved by 76% of voters, makes enforcement against entheogenic plants and fungi the police department's lowest priority and urges prosecutors not to charge. Arrest and federal prosecution remain legally possible.Initiative 81, Entheogenic Plant and Fungus Policy Act (2021)
- MaineLocal deprioritization onlyIllegal under state law. Portland deprioritized enforcement in 2023. A statewide decriminalization bill failed in June 2025 by a single vote in the House and a tie in the Senate.LD 1034 (2025, failed)
- MassachusettsLocal deprioritization onlyIllegal statewide. Voters rejected legalization (Question 4) in November 2024, 43% to 57%. Eight municipalities have deprioritized enforcement. A psychedelic-therapy pilot passed the House 148–2 in July 2026 but had not become law as of late August 2026.Question 4 (2024, failed); H.5562 (passed House July 2026)
- MichiganLocal deprioritization onlyIllegal, but Michigan is an outlier on penalties: simple possession is a misdemeanor rather than a felony. Six cities and Washtenaw County have made enforcement their lowest priority.
- MinnesotaLocal deprioritization onlyIllegal statewide. Minneapolis deprioritized enforcement by executive order in 2023. Both chambers advanced a therapeutic program in 2026, but the final bill delivered only a feasibility study, due January 2027.HF 2906 / SF 4204 (2026, not enacted)
- WashingtonLocal deprioritization onlyIllegal statewide and possession is a gross misdemeanor. Six local governments including Seattle, Tacoma and King County have deprioritized enforcement, and a 2023 law funds a University of Washington psilocybin clinical trial. Two statewide access bills died in committee in 2025 and 2026.SB 5263 (2023) UW trial; SB 5201 and SB 5921 (dead)
- AlabamaIllegalSchedule I with no state program, pilot, or reform activity.Ala. Code § 20-2-23
- AlaskaIllegalIllegal statewide. A citizen initiative to decriminalize and regulate psychedelics has filed signatures but was not certified for the November 2026 ballot.
- ArkansasIllegalSchedule I with no enacted reform.Ark. Code § 5-64-201
- DelawareIllegalSchedule I with no enacted reform.16 Del. C. § 4714
- FloridaIllegalSchedule I with no enacted reform or legal access route.Fla. Stat. § 893.03
- GeorgiaIllegalTrigger lawNo access today. Two 2026 laws look forward: one revised the Schedule I listing to accommodate a future FDA-approved formulation, and another requires state licensing of psychedelic-therapy clinics from July 2027.HB 382 (Act 476, 2026); HB 717 (2026)
- HawaiiIllegalIllegal. A 2026 bill to create an emerging-therapies task force died in conference committee.SB 3199 (2026, died)
- IdahoIllegalIllegal with no reform. On 3 November 2026 voters decide HJR 4, a constitutional amendment that would give the legislature exclusive authority over legalizing psychoactive substances and bar citizen initiatives on the subject.Idaho Code § 37-2705; HJR 4 (on the 2026 ballot)
- IllinoisIllegalIllegal. The CURE Act, which would create a regulated therapeutic program, has been introduced but not enacted.HB 1143, Illinois CURE Act (pending)
- IowaIllegalIllegal. A regulated-access bill passed the House but died without a Senate vote when the 2026 session ended, and a 2025 trigger-rescheduling bill was vetoed.HF 978 (2026, died); HF 383 (2025, vetoed)
- KansasIllegalSchedule I. A trigger-rescheduling bill has been considered but not enacted.HB 2218 (2025)
- KentuckyIllegalNo psilocybin program. Kentucky's 2026 psychedelic legislation funds ibogaine research and intellectual-property development, not psilocybin.SB 77 (2026) — ibogaine
- MarylandIllegalIllegal. A state task force on the responsible use of natural psychedelics has been extended through 2027, but no program exists.Task Force on Responsible Use of Natural Psychedelic Substances
- MississippiIllegalIllegal. The state's 2026 psychedelic law authorizes ibogaine clinical trials, not psilocybin therapy.HB 314 (2026) — ibogaine
- MissouriIllegalIllegal. A bill funding a psilocybin and ibogaine study for veterans and first responders passed the House 137–11 in April 2026 but stalled in the Senate.HB 1717 (2026, died in Senate)
- MontanaIllegalSchedule I with no enacted reform.Mont. Code Ann. § 50-32-222
- NebraskaIllegalSchedule I with no enacted reform.Neb. Rev. Stat. § 28-405
- NevadaIllegalIllegal. SB 242 (2023) is widely misreported as decriminalization — it was amended before passage to create only a Psychedelic Medicines Working Group. Nothing was decriminalized.SB 242 (2023) — working group only
- New HampshireIllegalIllegal. A 2026 therapeutic psilocybin bill was voted down; the state's advancing psychedelic measure concerns ibogaine.HB 1796 (2026, rejected)
- New YorkIllegalIllegal statewide. Several regulated-access and veteran pilot bills remain in committee; none has been enacted.A.2142, A.3845, S.495 (pending)
- North CarolinaIllegalSchedule I with no enacted reform.N.C.G.S. § 90-89
- North DakotaIllegalSchedule I with no enacted reform.N.D. Cent. Code § 19-03.1-05
- OhioIllegalSchedule I. Reform bills have been introduced but none enacted.Ohio Rev. Code § 3719.41
- OklahomaIllegalIllegal. The state's advancing 2026 measure supports multistate ibogaine trials rather than psilocybin access.HB 3834 (2026)
- PennsylvaniaIllegalSchedule I. Research and reform bills have been introduced but none enacted.35 P.S. § 780-104
- Rhode IslandIllegalIllegal. A decriminalization and home-cultivation bill passed the House in 2023 but died in the Senate; a 2026 successor was withdrawn at the sponsor's request.H 5923 (2023); H 7756 (2026, withdrawn)
- South CarolinaIllegalSchedule I with no enacted reform.S.C. Code § 44-53-190
- South DakotaIllegalTrigger lawIllegal today, but a 2026 law will automatically legalize a synthetic psilocybin medicine the moment the FDA approves it and the DEA reschedules. No state access exists until then.HB 1099 (2026)
- TennesseeIllegalSchedule I. Bills have been introduced but no reform enacted.Tenn. Code Ann. § 39-17-406
- VermontIllegalIllegal. The 2024 law that grew out of a decriminalization proposal created only a Psychedelic Therapy Advisory Working Group, which has since reported to the legislature.S.114 / Act 126 (2024)
- VirginiaIllegalTrigger lawIllegal today. Laws signed in April 2026 require the Board of Pharmacy to reschedule an FDA-approved psilocybin formulation at its next quarterly meeting after federal rescheduling — future prescription access, no access now.HB 1347 and SB 379 (2026)
- West VirginiaIllegalIllegal. The state's 2026 psychedelic bill, covering ibogaine, passed the legislature and was vetoed.HB 4626 (2026, vetoed)
- WisconsinIllegalSchedule I with no state reform. A first possession offense is a misdemeanor; subsequent offenses escalate to a felony.Wis. Stat. § 961.41(3g)
- WyomingIllegalSchedule I with no reform. Possession above small thresholds is charged as a felony.Wyo. Stat. § 35-7-1031
Read this before you act on any of it
Decriminalized is not legal
Three words get used interchangeably and only one of them means you will not be arrested. The gap between them is where people get hurt.
Federal law has not changed, whatever 2026 felt like
2026 has been the most eventful year in the history of American psychedelic policy and almost none of it has changed what is legal. An executive order, three FDA priority vouchers, a federal directive to the states — all real, none of them rescheduled anything. We keep the full ledger of what each action did and did not do on the federal policy page.
Three states that national trackers get wrong
We check other trackers, and three errors circulate widely enough to be worth naming.
- Nevada is not decriminalized. SB 242 was amended before passage to create a working group and nothing more. The “four ounces, adults 18+” language that appears in several trackers comes from the introduced bill, not the enacted law.
- Connecticut is not decriminalized. Decriminalization bills passed the House in 2023 and again in 2025 and died in the Senate both times. Connecticut’s real reform is a therapy pilot, which is a different thing.
- Rhode Island is not decriminalized. The 2023 bill passed one chamber; the 2026 successor was withdrawn.
We flag these inside the relevant state entries too. If you find an error in ours, tell us — corrections are logged publicly under our editorial standards.
Deprioritization is not protection
Roughly two dozen US cities have made enforcement against entheogenic plants and fungi the lowest law-enforcement priority. None of them changed a statute. Possession remains a criminal offense in all of them, prosecutors retain discretion, and federal jurisdiction is untouched. If you are relying on a city resolution as legal cover, you do not have legal cover — we set out exactly what each category permits on its own page.
Where the two real programs stand
Oregon’s program, created by Measure 109 in 2020, has served more than 20,000 people since opening in mid-2023. It requires no diagnosis and no prescription — an adult 21 or over books a session at a licensed service center. In August 2026, JAMA Network Open published the first real-world outcomes study of a legal US program: 346 clients across 24 service centers, with 91.5% reporting benefit at one month and 2% describing the experience as harmful at three months.[1] It is observational rather than randomized, and the authors note participants were healthier than typical trial populations — so it tells you what happens in practice, not how well the treatment works against a control.
Colorado went further in one respect: Proposition 122 made personal possession, cultivation and gratuitous sharing lawful for adults 21+, alongside a licensed healing-center system that issued its first license in April 2025. New Mexico’s Medical Psilocybin Act is the one to watch — producer applications opened on 17 August 2026, and the state is targeting first patient access by the end of the year.
Colorado
Legal supervised access
Proposition 122 / Natural Medicine Health Act (2022); SB 23-290; HB 26-1325 (2026)
New Mexico
Program being built
SB 219, Medical Psilocybin Act (2025)
Oregon
Legal supervised access
Ballot Measure 109 (2020), ORS 475A
Common questions
Questions people actually ask
The four that come up most. Twenty more, grouped by topic, are on the questions page.
- Is psilocybin legal in the United States?
- No. Psilocybin remains a Schedule I controlled substance under federal law as of August 2026. It has not been approved by the FDA and has not been rescheduled by the DEA. Two states — Oregon and Colorado — operate legal supervised-access programs under state law, but participation there does not protect you under federal law.
- Which states have legal psilocybin?
- Oregon and Colorado are the only two states where an adult can legally take psilocybin at a licensed site with a trained facilitator. New Mexico has passed a medical psilocybin law and began accepting producer applications in August 2026, but no patient can be treated there yet.
- What is the difference between decriminalization and legalization?
- Decriminalization reduces or removes criminal penalties. What most US cities have actually done is narrower still: deprioritization, which instructs police to treat enforcement as their lowest priority. State law is unchanged, the conduct remains illegal, and you can still be arrested and prosecuted — including federally. Legalization, as in Oregon and Colorado, creates an affirmatively lawful route.
- What is a psilocybin trigger law?
- A trigger law is a state statute already on the books that automatically changes psilocybin's state status once the FDA approves a psilocybin medicine and the DEA reschedules it. Arizona, South Dakota, Virginia and Georgia have versions of this. Because neither federal event has happened, these laws currently create no access at all.
References
- 1.Korthuis PT, Wilson-Poe AR, et al. Safety and Mental Health Outcomes of Oregon State-Regulated Psilocybin Services. JAMA Netw Open. 2026.The first real-world outcomes data from a legal US program: 346 clients at 24 service centers, Nov 2024–Jun 2026. Observational, not randomized, and participants were healthier than trial populations — it cannot establish efficacy, only what happens in practice.
- 2.Oregon Health Authority. Oregon Psilocybin Services.
- 3.Colorado Department of Revenue, Natural Medicine Division.
- 4.New Mexico Department of Health. Medical Psilocybin Program.
- 5.SAMHSA report advising states to prepare for FDA approval of psychedelic therapies. August 2026.Coverage of the federal report. Guidance to states; changes no one's legal position.
This is not legal advice. Drug law changes quickly, applies differently depending on quantity and circumstance, and federal law applies everywhere regardless of state status. If you are facing a charge, talk to a lawyer licensed in your state. Dataset last reviewed August 30, 2026.