Psilocybin law in California
Decriminalised or deprioritised Checked 26 October 2026
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.
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. A summary of published sources, not legal advice.
Source status: Prohibited. Psilocybin remains a Schedule I drug under US federal law.
Scheduling
Psilocybin and psilocyn are listed as hallucinogenic substances in Schedule I of the California Uniform Controlled Substances Act, Cal. Health and Safety Code 11054(d)(18) and (19). [California Health and Safety Code 11054 (Schedule I), California Legislative Information, read 26 October 2026]
What the law says
- Governor Gavin Newsom vetoed SB 58, which would have decriminalized personal possession of certain plant-based psychedelics, on 7 October 2023; the veto was sustained on 25 January 2024. [SB-58 Controlled substances: decriminalization of certain hallucinogenic substances, bill status, California Legislative Information, 2024-01-25, read 26 October 2026]
- AB 1103 (Chapter 571, Statutes of 2025), approved 10 October 2025, requires the Research Advisory Panel to review in-state research involving Schedule I or II substances and lets it expedite review of qualifying projects until 1 January 2028. [AB-1103 Controlled substances: research, bill status, California Legislative Information, 2025-10-10, read 26 October 2026] [AB-1103 Controlled substances: research, bill text and digest, California Legislative Information, 2025-10-10, read 26 October 2026]
- Bills in the 2025-2026 session to create a psilocybin research pilot for veterans and first responders (SB 751) and to fund an emerging-therapies research partnership (SB 1224) died in Appropriations committees. [SB-751 Veterans and Former First Responders Research Pilot Program, bill status, California Legislative Information, 2026-02-02, read 26 October 2026] [SB-1224 The California Emerging Therapies Research Partnership Act, bill status, California Legislative Information, 2026-08-13, read 26 October 2026]
Local measures
Cities or counties that made psilocybin a low enforcement priority. Possession stays a state crime, and police outside these places are not bound.
- Oakland (2019): City council resolution (No. 87731 C.M.S.), passed unanimously in June 2019, declaring that investigation and arrest of adults for using or possessing entheogenic plants and fungi be among the city's lowest law-enforcement priorities. [Oakland City Council Resolution No. 87731 C.M.S. (text), Chacruna Institute, 2020-02-17, read 26 October 2026] [Oakland Becomes Second U.S. City to Decriminalize Psychedelic Mushrooms (Associated Press), KQED, 2019-06-05, read 26 October 2026]
- Santa Cruz (2020): City council resolution (No. NS-29,623), approved unanimously on 28 January 2020, making personal use and possession of entheogenic plants and fungi by adults 21 and older among the lowest police priorities. [Santa Cruz Resolution No. NS-29,623 (text), Chacruna Institute, 2020-02-17, read 26 October 2026] [Entheogenic plants decriminalized in Santa Cruz, City on a Hill Press, 2020-01-31, read 26 October 2026]
- Arcata (2021): City council resolution approved unanimously in October 2021 making personal possession, cultivation and sharing of entheogenic plants and fungi among the city's lowest law-enforcement priorities. [Third California City Moves To Decriminalize Psychedelics As Reform Movement Expands, Marijuana Moment, 2021-10-07, read 26 October 2026]
- San Francisco (2022): Board of Supervisors Resolution No. 379-22, passed 6 September 2022, urging that investigation and arrest of adults for entheogenic plant use be amongst the city's lowest priorities. [Resolution No. 379-22, Supporting Entheogenic Plant Practices (File No. 220896), San Francisco Board of Supervisors, 2022-09-06, read 26 October 2026]
- Berkeley (2023): City council resolution adopted unanimously on 11 July 2023 de-prioritizing enforcement of criminal penalties for entheogenic and psychedelic plants and fungi for personal use. [De-Prioritizing the enforcement of laws imposing criminal penalties for Entheogenic/Psychedelic plants and fungi for personal use (Action Calendar Item 35), City of Berkeley, 2023-07-11, read 26 October 2026] [Berkeley Vote Spreads Psychedelic Decriminalization in the Bay Area, Filter, 2023-07-14, read 26 October 2026]
- Eureka (2023): City council resolution passed unanimously in October 2023 making personal use, cultivation and possession of psychedelic plants and fungi by adults 21 and older a low police priority. [After California Governor's Psychedelics Bill Veto, Another City Council Approves Decriminalization Resolution, Marijuana Moment, 2023-10-19, read 26 October 2026]
Penalties
- Possessing a controlled substance listed in Health and Safety Code 11054(d) (other than paragraphs (13), (14), (15) and (20)), which includes psilocybin, without a prescription is punishable by up to one year in county jail (Cal. Health and Safety Code 11377(a)). [California Health and Safety Code 11377, California Legislative Information, read 26 October 2026] [California Health and Safety Code 11054 (Schedule I), California Legislative Information, read 26 October 2026]
Bills
AB 1103 2025-2026
Controlled substances: research
Revises Research Advisory Panel review of Schedule I and II research and allows expedited review of qualifying projects until 2028.
Status: Signed 10 October 2025 (Chapter 571, Statutes of 2025), 10 October 2025
SB 751 2025-2026
Veterans and Former First Responders Research Pilot Program
Would have created psilocybin research pilots for veterans and former first responders in up to five counties.
Status: Held in Senate Appropriations 23 May 2025; returned to Secretary of Senate under Joint Rule 56 (dead) 2 February 2026, 2 February 2026
AB 2489 2025-2026
Controlled substances: research
Would have created a research pathway for veterans with severe mental health conditions who are ineligible for FDA trials to receive certain Schedule I compounds.
Status: Held under submission in Assembly Appropriations 14 May 2026; died, 14 May 2026
SB 1224 2025-2026
The California Emerging Therapies Research Partnership Act
Would have created a research partnership and fund for clinical trials of emerging therapies.
Status: Passed Senate; held in Assembly Appropriations 13 August 2026; died at end of session, 13 August 2026
SB 1012 2023-2024
The Regulated Psychedelic Facilitators Act and the Regulated Psychedelic-Assisted Therapy Act
Would have created regulated, supervised adult use of certain psychedelics.
Status: Held in Senate Appropriations 16 May 2024; died, 30 November 2024
SB 58 2023-2024
Controlled substances: decriminalization of certain hallucinogenic substances
Would have decriminalized personal possession of psilocybin, psilocyn, DMT and mescaline (excluding peyote) for adults.
Status: Vetoed 7 October 2023; veto sustained 25 January 2024, 7 October 2023
Dated changes
- 2 February 2026: Would have created psilocybin research pilots for veterans and former first responders in up to five counties. Status: Held in Senate Appropriations 23 May 2025; returned to Secretary of Senate under Joint Rule 56 (dead) 2 February 2026. Source
- 30 November 2024: Would have created regulated, supervised adult use of certain psychedelics. Status: Held in Senate Appropriations 16 May 2024; died. Source
- 7 October 2023: Would have decriminalized personal possession of psilocybin, psilocyn, DMT and mescaline (excluding peyote) for adults. Status: Vetoed 7 October 2023; veto sustained 25 January 2024. Source
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