What is the penalty for psilocybin possession in Texas?

Felony — Penalty Group 2 (state jail felony under 1 gram). 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 Texas.

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

Colorado. 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 Texas 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 Texas?

Research or pilot access only

State guide · checked against primary sourcesReviewedAug 30, 2026

No, except through research. Psilocybin is illegal for the general public in Texas, but the state funds or authorizes clinical studies — enrolling in one is the only lawful route.

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 Texas: Research or pilot access only
Federal status: Schedule I
Key law: HB 1802 (2021); SB 2308 (2025)
Nearest legal access: Colorado

What the law says in Texas

Possession 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.

Key law: HB 1802 (2021); SB 2308 (2025).

Penalties for possession

Felony — Penalty Group 2 (state jail felony under 1 gram).

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 Texas.

If you are looking for legal access

The nearest legal option to Texas is Colorado

Colorado 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 Texas. Possession outside the licensed system is a crime in Colorado too, and carrying it across state lines is a federal offense.

What a session costs Colorado rules

Sources for this entry

capitol.texas.gov

Common questions

Psilocybin in Texas

Is psilocybin legal in Texas?: No, except through research. Psilocybin is illegal for the general public in Texas, but the state funds or authorizes clinical studies — enrolling in one is the only lawful route. 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.
What is the penalty for psilocybin possession in Texas?: Felony — Penalty Group 2 (state jail felony under 1 gram). 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 Texas.
Where is the nearest place to Texas that psilocybin is legal?: Colorado. 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 Texas 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 research or pilot access 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 Texas. Last reviewed August 30, 2026. https://psilocybinresearch.com/psilocybin-legal-in-texas