Psilocybin law map
Where psilocybin is licensed, prescribed, decriminalised, unscheduled, tolerated or illegal: every US state and DC, and 14 countries with a cited entry. Each status links to its sources and shows the date it was checked. A summary, not legal advice.
Psilocybin is a Schedule I drug under US federal law in every state, including the two that license it. State records checked 26 October 2026; bills checked 26 October 2026.
United States
- State-licensed programme 2
- Medical or authorised prescribing 2
- Decriminalised or deprioritised 8
- Illegal 39
Squares are arranged roughly by position, not to scale. Select a state with its own page for the full detail.
Every state, as a table
| State | Category | In short | Checked |
|---|---|---|---|
| Alabama | IllegalSource status: Prohibited | Psilocybin is illegal in Alabama: it is a Schedule I controlled substance under Ala. Code 20-2-23, and possessing any amount is a Class D felony. | 26 October 2026 |
| Alaska | IllegalSource status: Prohibited | Psilocybin is illegal in Alaska: it is a Schedule IIA controlled substance under AS 11.71.150, and possessing any amount is a class A misdemeanor. | 26 October 2026 |
| Arizona | IllegalSource status: Prohibited | Psilocybin is illegal in Arizona: it is a 'dangerous drug' under A.R.S. 13-3401, and possessing it is a class 4 felony that a court may reduce to a misdemeanor for some first offenders. | 26 October 2026 |
| Arkansas | IllegalSource status: Prohibited | Psilocybin is illegal in Arkansas: it is a Schedule I controlled substance on the Arkansas List of Controlled Substances, and possessing less than two grams is a Class D felony under Ark. Code 5-64-419. | 26 October 2026 |
| California | Decriminalised or deprioritisedSource status: Prohibited; 6 local measures | Psilocybin is illegal in California: it is a Schedule I controlled substance under Health and Safety Code 11054, and possession is a misdemeanor punishable by up to one year in county jail, though several cities have made it a low enforcement priority. | 26 October 2026 |
| Colorado | State-licensed programmeSource status: Licensed adult use; 1 local measure | Psilocybin is legal for adults 21 and older in Colorado: voters approved Proposition 122 in 2022, personal possession, use and non-commercial sharing are lawful under C.R.S. 18-18-434, and state-licensed healing centers offer supervised psilocybin sessions. | 26 October 2026 |
| Connecticut | IllegalSource status: Research only | Psilocybin is illegal in Connecticut: it is a Schedule I controlled substance under Conn. Agencies Regs. 21a-243-7, and possession is a class A misdemeanor, though a state pilot program provides psilocybin-assisted therapy through FDA-approved research. | 26 October 2026 |
| Delaware | IllegalSource status: Prohibited | Psilocybin is illegal in Delaware: it is a Schedule I controlled substance under 16 Del. C. 4714, and simple possession is a class B misdemeanor under 16 Del. C. 4763. | 26 October 2026 |
| District of Columbia | Decriminalised or deprioritisedSource status: Prohibited; 1 local measure | Psilocybin is still illegal in Washington, D.C.: it is a Schedule I controlled substance under D.C. Code 48-902.04, but voter-approved Initiative 81 makes non-commercial adult use and possession of psilocybin mushrooms among the police's lowest enforcement priorities. | 26 October 2026 |
| Florida | IllegalSource status: Prohibited | Psilocybin is illegal in Florida: it is a Schedule I controlled substance under Fla. Stat. 893.03(1)(c), possession is a third-degree felony, and since 1 July 2025 selling or transporting psilocybin mushroom spores is also a crime. | 26 October 2026 |
| Georgia | IllegalSource status: Prohibited | Psilocybin is illegal in Georgia: it is a Schedule I controlled substance under O.C.G.A. 16-13-25, and possessing even less than one gram is a felony carrying one to three years in prison. | 26 October 2026 |
| Hawaii | IllegalSource status: Prohibited | Psilocybin is illegal in Hawaii: it is a Schedule I controlled substance under HRS 329-14, and possessing any amount is a class C felony. | 26 October 2026 |
| Idaho | IllegalSource status: Prohibited | Psilocybin is illegal in Idaho: it is a Schedule I controlled substance under Idaho Code 37-2705, and possession of a non-narcotic Schedule I drug such as psilocybin is a misdemeanor punishable by up to one year in jail. | 26 October 2026 |
| Illinois | IllegalSource status: Prohibited | Psilocybin is illegal in Illinois: it is a Schedule I controlled substance under 720 ILCS 570/204, and possessing it is a Class 4 felony. | 26 October 2026 |
| Indiana | IllegalSource status: Research only | Psilocybin is illegal in Indiana: it is a Schedule I controlled substance under IC 35-48-2-4, and possession is a Class A misdemeanor, though a 2024 law created a state fund for psilocybin research. | 26 October 2026 |
| Iowa | IllegalSource status: Prohibited | Psilocybin is illegal in Iowa: it is a Schedule I controlled substance under Iowa Code 124.204, and a first offense of possession is a serious misdemeanor. | 26 October 2026 |
| Kansas | IllegalSource status: Prohibited | Psilocybin is illegal in Kansas: it is a Schedule I controlled substance under K.S.A. 65-4105, and a first offense of possession is a class A nonperson misdemeanor. | 26 October 2026 |
| Kentucky | IllegalSource status: Prohibited | Psilocybin is illegal in Kentucky: it is a Schedule I controlled substance under 902 KAR 55:015, which adopts the federal Schedule I list, and Kentucky has no psilocybin program; its 2026 psychedelic research law covers ibogaine only. | 26 October 2026 |
| Louisiana | IllegalSource status: Research only | Psilocybin is illegal in Louisiana: it is a Schedule I controlled dangerous substance under La. R.S. 40:964, and the only state program is a 2026 research initiative (Act 956) for clinical studies of psychedelic-assisted therapy. | 26 October 2026 |
| Maine | Decriminalised or deprioritisedSource status: Prohibited; 1 local measure | Psilocybin is illegal in Maine: it is a Schedule X drug under 17-A M.R.S. §1102, possession is a Class D crime, and the 2025 decriminalization bill LD 1034 failed final enactment. | 26 October 2026 |
| Maryland | IllegalSource status: Prohibited | Psilocybin is illegal in Maryland: it is a Schedule I controlled dangerous substance under Md. Code, Criminal Law §5-402, and a state task force is studying a future access program but no law has changed. | 26 October 2026 |
| Massachusetts | Decriminalised or deprioritisedSource status: Prohibited; 7 local measures | Psilocybin is illegal in Massachusetts: it is a Class C controlled substance under M.G.L. c.94C §31, voters rejected the 2024 legalization measure (Question 4), and several cities have only non-binding lowest-priority resolutions. | 26 October 2026 |
| Michigan | Decriminalised or deprioritisedSource status: Prohibited; 6 local measures | Psilocybin is illegal in Michigan: it is a Schedule 1 controlled substance under MCL 333.7212, though Ann Arbor, Detroit and several other cities have made entheogenic plants a lowest enforcement priority. | 26 October 2026 |
| Minnesota | Decriminalised or deprioritisedSource status: Prohibited; 1 local measure | Psilocybin is illegal in Minnesota: it is a Schedule I controlled substance under Minn. Stat. §152.02, and 2026 bills for a therapeutic program failed, though the state's cannabis office was told to study one. | 26 October 2026 |
| Mississippi | IllegalSource status: Prohibited | Psilocybin is illegal in Mississippi: it is a Schedule I controlled substance under Miss. Code §41-29-113, and the state's 2026 psychedelic law funds ibogaine trials, not psilocybin. | 26 October 2026 |
| Missouri | IllegalSource status: Prohibited | Psilocybin is illegal in Missouri: it is a Schedule I controlled substance under RSMo 195.017, possession is a class D felony, and the 2026 veterans psilocybin study bill died in the Senate. | 26 October 2026 |
| Montana | IllegalSource status: Prohibited | Psilocybin is illegal in Montana: it is a Schedule I dangerous drug under MCA 50-32-222, possession is a felony, and no psilocybin bill was introduced in the 2025 session. | 26 October 2026 |
| Nebraska | IllegalSource status: Prohibited | Psilocybin is illegal in Nebraska: it is a Schedule I controlled substance under Neb. Rev. Stat. 28-405, and possessing any amount is a Class IV felony. | 26 October 2026 |
| Nevada | IllegalSource status: Prohibited | Psilocybin is illegal in Nevada: it is a Schedule I controlled substance under NAC 453.510, and the 2025 bill for a psychedelic therapy pilot program (AB 378) died. | 26 October 2026 |
| New Hampshire | IllegalSource status: Prohibited | Psilocybin is illegal in New Hampshire: it is a Schedule I controlled drug through RSA 318-B:1-a and He-C 501.03, which adopt the federal schedules, and possession is a class B felony; 2025 and 2026 psilocybin bills all failed in the Senate or House. | 26 October 2026 |
| New Jersey | Decriminalised or deprioritisedSource status: Reduced penalties (state law) | Psilocybin is illegal in New Jersey but possessing one ounce or less is only a disorderly persons offense under N.J.S.2C:35-10 (since 2021), and a 2026 law funds a hospital psilocybin research pilot. | 26 October 2026 |
| New Mexico | Medical or authorised prescribingSource status: Medical programme enacted | Psilocybin is legal in New Mexico only for medical use under the Medical Psilocybin Act (SB 219, 2025); otherwise it remains a Schedule I controlled substance under NMSA 30-31-6, and the Department of Health program is still being set up for a December 2026 launch. | 26 October 2026 |
| New York | IllegalSource status: Prohibited | Psilocybin is illegal in New York: it is a Schedule I controlled substance under Public Health Law §3306, possession is a class A misdemeanor, and medical psilocybin bills remain stuck in committee. | 26 October 2026 |
| North Carolina | IllegalSource status: Prohibited | Psilocybin is illegal in North Carolina: it is a Schedule I controlled substance under N.C. Gen. Stat. §90-89, possession is a Class I felony, and a 2026 research-grant bill has not passed. | 26 October 2026 |
| North Dakota | IllegalSource status: Prohibited | Psilocybin is illegal in North Dakota: it is a Schedule I controlled substance under N.D.C.C. 19-03.1-05, and the state has no therapy program, research law or decriminalized cities. | 26 October 2026 |
| Ohio | IllegalSource status: Prohibited | Psilocybin is illegal in Ohio: it is a Schedule I controlled substance under Ohio Adm. Code 4729:9-1-01, adopted under R.C. 3719.41, and possessing any amount below the bulk amount is a fifth-degree felony. | 26 October 2026 |
| Oklahoma | IllegalSource status: Prohibited | Psilocybin is illegal in Oklahoma: it is a Schedule I controlled substance under 63 O.S. 2-204, and the House-passed psilocybin research bills of 2022 and 2023 never became law. | 26 October 2026 |
| Oregon | State-licensed programmeSource status: Licensed adult use | Psilocybin is legal in Oregon only through the state-licensed psilocybin services program for adults 21 and older (ORS 475A); outside that program it remains a Schedule I controlled substance and possession of under 12 grams is a drug enforcement misdemeanor under ORS 475.752. | 26 October 2026 |
| Pennsylvania | IllegalSource status: Prohibited | Psilocybin is illegal in Pennsylvania: it is a Schedule I controlled substance under 35 P.S. 780-104(1)(iii), and two 2025-2026 bills that would align state scheduling with an FDA-approved psilocybin medicine remain in committee. | 26 October 2026 |
| Rhode Island | IllegalSource status: Prohibited | Psilocybin is illegal in Rhode Island: it is a Schedule I controlled substance under R.I. Gen. Laws 21-28-2.08, and every bill to allow personal possession or home cultivation since 2023 has failed to become law. | 26 October 2026 |
| South Carolina | IllegalSource status: Prohibited | Psilocybin is illegal in South Carolina: it is a Schedule I controlled substance under S.C. Code 44-53-190(D), and no bill to legalize, decriminalize or study it was filed in the 2025-2026 session. | 26 October 2026 |
| South Dakota | IllegalSource status: Prohibited | Psilocybin is illegal in South Dakota: psilocybin and psilocyn are Schedule I controlled substances under SDCL 34-20B-14, and a 2026 law only moves an FDA-approved crystalline polymorph psilocybin drug to Schedule IV if one is approved. | 26 October 2026 |
| Tennessee | IllegalSource status: Prohibited | Psilocybin is illegal in Tennessee: it is a Schedule I controlled substance under Tenn. Code Ann. 39-17-406(d), and the state's 2026 psychedelic research law covers ibogaine clinical trials, not psilocybin. | 26 October 2026 |
| Texas | IllegalSource status: Prohibited | Psilocybin is illegal in Texas: psilocin and psilocybin are listed in Penalty Group 2 of the Texas Controlled Substances Act (Tex. Health & Safety Code 481.103), and possessing even less than one gram is a state jail felony. | 26 October 2026 |
| Utah | Medical or authorised prescribingSource status: Medical programme enacted | Psilocybin is illegal in Utah for general use: it is a Schedule I controlled substance under Utah Code 58-37-108, but a 2024 law lets qualifying healthcare systems run supervised behavioral health treatment programs using psilocybin. | 26 October 2026 |
| Vermont | IllegalSource status: Prohibited | Psilocybin is illegal in Vermont: it is defined as a regulated hallucinogenic drug under 18 V.S.A. 4201(10), and unlawful possession is punishable by up to one year in prison under 18 V.S.A. 4235. | 26 October 2026 |
| Virginia | IllegalSource status: Prohibited | Psilocybin is illegal in Virginia: it is a Schedule I controlled substance under Va. Code 54.1-3446, and possession is a Class 5 felony under Va. Code 18.2-250. | 26 October 2026 |
| Washington | Decriminalised or deprioritisedSource status: Research only; 6 local measures | Psilocybin is illegal in Washington: it is a Schedule I controlled substance under RCW 69.50.204, possession is a gross misdemeanor, and the state's 2023 law (SB 5263) only set up a task force and a University of Washington therapy pilot, while several cities and King County have made it a lowest enforcement priority. | 26 October 2026 |
| West Virginia | IllegalSource status: Prohibited | Psilocybin is illegal in West Virginia: it is a Schedule I controlled substance under W. Va. Code 60A-2-204(d), and a 2026 law (SB 906) only allows prescribing of a psilocybin drug if the FDA approves it and the DEA reschedules it. | 26 October 2026 |
| Wisconsin | IllegalSource status: Prohibited | 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. | 26 October 2026 |
| Wyoming | IllegalSource status: Prohibited | Psilocybin is illegal in Wyoming: psilocybin and psilocyn are Schedule I controlled substances under W.S. 35-7-1014(d)(xix) and (xx), and the state has no therapy, research or decriminalization law. | 26 October 2026 |
Countries
The seven places this directory lists, and other countries where we have cited primary or official sources. Countries without a cited entry are left out rather than guessed.
- Medical or authorised prescribing 4
- Legal or unscheduled 2
- Illegal but tolerated in practice 3
- Illegal 5
Americas
Illegal but tolerated in practiceChecked 11 October 2026
Psilocybin and psilocin are on Lista I of Costa Rica's national list of controlled psychotropic substances (updated 10 September 2026), and Law 8204 punishes unauthorised supply, including of natural products, with 8 to 15 years in prison. Psilocybin retreats nonetheless operate openly, and a news search on 4 October 2026 found no reported prosecution of a psilocybin retreat. We list them as illegal but tolerated in practice, which can change without notice. Retreats in Costa Rica
Illegal but tolerated in practiceChecked 11 October 2026
Psilocybin and hallucinogenic mushrooms of any botanical variety are group I psychotropics under Mexico's Ley General de Salud, and the Supreme Court refused a personal-use amparo in November 2024. The only carve-out is for possession for the ceremonies of Indigenous and Afro-Mexican communities, which does not cover retreats for visitors, yet retreats advertise openly and we found no reported prosecution of a psilocybin retreat. Mexican prosecutors have charged ayahuasca ceremony leaders under the same schedule, so the prohibition is enforced against some ceremonial facilitators; we list Mexican psilocybin retreats as illegal but tolerated in practice, which can change without notice. Retreats in Mexico
Medical or authorised prescribingChecked 4 October 2026
Psilocybin is illegal in Canada except with Health Canada authorisation (section 56 exemptions or Special Access Program requests, case by case). Police continue to raid and charge open psilocybin businesses, including the 2025 York Region 'Project Magic' case, so Canada fails the tolerated test.
IllegalChecked 11 October 2026
Psilocybin and psilocin are on Anvisa's List F2 of prohibited psychotropics. The mushroom itself is not named, and courts have differed, but the STJ has treated sale as trafficking. Police raided and arrested a self-styled spiritual guide in Goiania in 2024 for selling mushrooms and running paid psilocybin rituals (a judge then ruled the arrest unlawful on procedural grounds), so Brazil fails the tolerated test.
IllegalChecked 4 October 2026
Psilocybin and psilocin are on Lista IB of Peru's controlled-substance annex, whose production, trade and use are prohibited. We found no reported prosecution of a psilocybin retreat, but also too little evidence of psilocybin retreats operating openly to call the practice tolerated: insufficient evidence.
Caribbean
Legal or unscheduledChecked 11 October 2026
Psilocybin mushrooms are not listed in Jamaica's Dangerous Drugs Act. A government minister said in 2021 that growing them is legal, but there is no licensing regime, and the health ministry has warned that no psilocybin products are approved. Retreats in Jamaica
IllegalChecked 11 October 2026
The Bahamas applies its Dangerous Drugs Act to substances in the 1971 Convention schedules, which include psilocybine, and in August 2024 police raided an advertised psilocybin retreat in Nassau and arrested its two operators.
Europe
Legal or unscheduledChecked 28 September 2026
Since 1 December 2008 the Dutch Opium Act List II has covered fresh and dried psilocybin mushrooms, but psilocybin truffles (sclerotia) are not covered, and the government has confirmed this. Retreats in Netherlands
Illegal but tolerated in practiceChecked 4 October 2026
Psilocybin is on Table II-A of Portugal's Decree-Law 15/93. Possession for personal use has been an administrative offence rather than a crime since Law 30/2000, but the Policia Judiciaria states that producing, selling or transferring the mushrooms is drug trafficking. Psilocybin retreats advertise openly in Portugal, and our search found no reported prosecution, raid or closure of a psilocybin retreat or facilitator. Retreats in Portugal
Medical or authorised prescribingChecked 11 October 2026
From 1 January 2026 Czech law allows psilocybin as a medicine, given by a psychiatrist under supervision in Ministry of Health psychiatric hospitals and hospital psychiatric departments, for adults with specified depression indications. Retreat or recreational use remains illegal.
Medical or authorised prescribingChecked 11 October 2026
In July 2025 BfArM approved a compassionate-use programme for psilocybin in treatment-resistant depression, limited to two clinics, which is not a retreat pathway.
IllegalChecked 11 October 2026
Spain fails the tolerated test: police have repeatedly arrested organisers of paid psychedelic rituals and retreats, including a November 2022 Policia Nacional case in Bergueda (Barcelona) where the advertised substances included hallucinogenic mushrooms.
IllegalChecked 4 October 2026
Any fungus containing psilocin is a Class A drug under the Misuse of Drugs Act 1971, and magic mushroom supply is prosecuted, for example a 2025 Plymouth Crown Court conviction. A ceremony leader was also convicted in 2011 for supplying ayahuasca at a retreat. The UK fails the tolerated test.
Oceania
Australia
Medical or authorised prescribingChecked 11 October 2026
Since 1 July 2023, TGA-authorised psychiatrists may prescribe psilocybine for treatment-resistant depression as a Schedule 8 medicine. This is medical-only.
What each category means
- State-licensed programme
- The state licenses supervised adult use at licensed centres. Psilocybin stays a Schedule I drug under US federal law.
- Medical or authorised prescribing
- A doctor or psychiatrist may give or prescribe psilocybin to patients under a medical programme or a case-by-case authorisation. It is not open to retreats or adult use.
- Decriminalised or deprioritised
- Psilocybin is still illegal, but state law reduces the penalty for personal possession, or one or more cities or counties have made it a lowest enforcement priority. Supplying it remains a crime.
- Legal or unscheduled
- Psilocybin (or the form named) is not listed in the national drug law. That is not licensing: nobody inspects retreats.
- Illegal but tolerated in practice
- Psilocybin is illegal under national law, but retreats operate openly and a dated search found no reported prosecution of one.
- Illegal
- Psilocybin is a controlled substance with no lawful route for retreats or personal use. Some of these states fund research or trials.
The categories are our grouping of each source's own status, which is shown next to every state. A state where any city or county has deprioritised enforcement is counted as decriminalised or deprioritised, even though possession remains a state crime everywhere else in it.
Recent changes
- 10 September 2026 Costa Rica: regulation
- 22 July 2026 Massachusetts: H.2203, An Act establishing a pilot program for access to regulated psilocybin
- 9 July 2026 Massachusetts: H.4986, An Act relative to therapeutic psilocybin treatment centers
- 23 June 2026 Louisiana: SB 43, Provides relative to psychedelic-assisted therapy
- 4 June 2026 Colorado: HB26-1325, Natural Medicine
Every dated change, with sources or follow the RSS feed.