Which cities in California have decriminalized psilocybin?

Oakland (2019), Santa Cruz (2020), Arcata (2021), San Francisco (2022), Berkeley (2023), Eureka (2023). Important distinction: these are deprioritization measures, not decriminalization. State law is unchanged, possession remains a criminal offense, prosecutors keep their discretion, and federal jurisdiction is untouched.

What is the penalty for psilocybin possession in California?

Misdemeanor (Health & Safety Code § 11350, post-Prop 47). Penalties vary with quantity, prior record and the specific charge, and this is general information rather than legal advice. If you are facing a charge, speak to a lawyer licensed in California.

Where is the nearest place to California that psilocybin is legal?

Oregon. Neither Oregon nor Colorado has a residency requirement, so people do travel for supervised sessions. You cannot legally bring psilocybin home — possession outside the licensed system is a crime in both states, and transporting it across state lines is a federal offense.

Does California law override federal law on psilocybin?

No. Psilocybin remains a Schedule I controlled substance under the federal Controlled Substances Act, and federal law applies in every state regardless of state programs. A state license protects you under state law only.

Is psilocybin legal in California?

Local deprioritization only

State guide · checked against primary sourcesReviewedAug 30, 2026

No. Psilocybin is illegal under California law. Some cities have told police to deprioritize enforcement, which is not legalization and does not protect you from arrest or federal charges.

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. A state program protects you under state law only.

Status in California: Local deprioritization only
Federal status: Schedule I
Key law: SB 58 (vetoed 2023); SB 751 (held, 2025)
Nearest legal access: Oregon

What the law says in California

Still 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.

Key law: SB 58 (vetoed 2023); SB 751 (held, 2025).

Penalties for possession

Misdemeanor (Health & Safety Code § 11350, post-Prop 47).

Penalties turn on quantity, prior record and how the charge is written. Treat this as orientation, not advice — if you are facing a charge, speak to a lawyer licensed in California.

Local measures, and what each one actually does

Every one of these is a council resolution: a statement of enforcement priorities, not a change to state law. What they cover, and whether they bind city spending, varies a great deal.

Oakland (2019). Bars city funds and Oakland PD resources from enforcement; separately asks the Alameda County DA to stop prosecuting. Broadest verb list of any California measure — it names distribution. [source]
Santa Cruz (2020). Adults 21+, personal possession and personal cultivation. Amended in September 2021 to remove peyote and other mescaline cacti.
Arcata (2021). Covers entheogenic plants and fungi including peyote; expressly excludes LSD and MDMA. Carve-outs for minors, driving and campus property.
San Francisco (2022). Urges only. Five of six operative clauses use “urge”; the sole mandatory clause directs the Clerk to mail copies to lawmakers. It does not bar city spending, and the Mayor returned it unsigned. [source]
Berkeley (2023). Bars city funds. Covers plant and fungal psychedelics for personal use; expressly excludes peyote, synthetics, and giving away or sharing with others. [source]
Eureka (2023). Adults 21+, plants and fungi. Asks the Humboldt County DA to consider its intent. Carve-outs for minors, commercial sale, schools and driving.

If you are looking for legal access

The nearest legal option to California is Oregon

Oregon runs a licensed supervised-access program with no residency requirement, so people do travel for sessions. Expect roughly $1,000–$3,500 out of pocket — no insurer covers it.

You cannot lawfully bring psilocybin back to California. Possession outside the licensed system is a crime in Oregon too, and carrying it across state lines is a federal offense.

What a session costs Oregon rules

Sources for this entry

gov.ca.gov

Common questions

Psilocybin in California

Is psilocybin legal in California?: No. Psilocybin is illegal under California law. Some cities have told police to deprioritize enforcement, which is not legalization and does not protect you from arrest or federal charges. 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.
Which cities in California have decriminalized psilocybin?: Oakland (2019), Santa Cruz (2020), Arcata (2021), San Francisco (2022), Berkeley (2023), Eureka (2023). Important distinction: these are deprioritization measures, not decriminalization. State law is unchanged, possession remains a criminal offense, prosecutors keep their discretion, and federal jurisdiction is untouched.
What is the penalty for psilocybin possession in California?: Misdemeanor (Health & Safety Code § 11350, post-Prop 47). Penalties vary with quantity, prior record and the specific charge, and this is general information rather than legal advice. If you are facing a charge, speak to a lawyer licensed in California.
Where is the nearest place to California that psilocybin is legal?: Oregon. Neither Oregon nor Colorado has a residency requirement, so people do travel for supervised sessions. You cannot legally bring psilocybin home — possession outside the licensed system is a crime in both states, and transporting it across state lines is a federal offense.
Does California law override federal law on psilocybin?: No. Psilocybin remains a Schedule I controlled substance under the federal Controlled Substances Act, and federal law applies in every state regardless of state programs. A state license protects you under state law only.

Compare

Other states with local deprioritization only

Same legal category, different detail. The differences matter.

All 50 states and DC

What people ask next

When will psilocybin be available on prescription? — the pipeline, by clinical phase.
How does it compare with ketamine and MDMA? — one of those is already approved.
What can I actually do in the meantime? — what the evidence supports today.

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. Entry last reviewed August 30, 2026.

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Psilocybin Research. (2026). Is psilocybin legal in California. Last reviewed August 30, 2026. https://psilocybinresearch.com/psilocybin-legal-in-california