Psilocybin law in Massachusetts
Decriminalised or deprioritised Checked 26 October 2026
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.
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 in Class C, hallucinogenic substances, M.G.L. c.94C §31, Class C(e)(13) and (14); Massachusetts uses Classes A to E rather than numbered schedules [M.G.L. c.94C §31, Classes of controlled substances, Massachusetts Legislature, read 26 October 2026]
What the law says
- Question 4 (2024), which would have legalized personal and supervised use of psilocybin, psilocyn, DMT, ibogaine and mescaline, failed on 5 November 2024 with about 57% voting no. [Massachusetts voters reject Question 4 on psychedelics, NBC Boston, 2024-11-06, read 26 October 2026]
- Local resolutions in several cities ask police to treat psychedelic plants and fungi as a low enforcement priority but do not change state law. [Easthampton becomes 4th Mass. city to decriminalize psychedelic plants, WBUR, 2021-10-21, read 26 October 2026] [Provincetown becomes 7th Mass. community to move toward decriminalizing psychedelics, WBUR, 2023-12-14, 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.
- Somerville (2021): City council resolution urging police to deprioritize enforcement of entheogenic plant use and possession [Somerville, Massachusetts decriminalizes nature, DoubleBlind, 2021-01-14, read 26 October 2026]
- Cambridge (2021): City council resolution (8-1) making possession and cultivation of entheogenic plants and fungi among the lowest law enforcement priorities [Cambridge decriminalizes psychedelics, DoubleBlind, 2021-02, read 26 October 2026]
- Northampton (2021): Unanimous city council resolution asking police to treat drug use and possession, including psychedelic plants, as among the lowest law enforcement priorities [Northampton City Council supports decriminalizing psychedelic plants, The Reminder, 2021-03-31, read 26 October 2026]
- Easthampton (2021): City council resolution (7-0, two abstentions) making growing, possessing or using psychedelic plants among the lowest law enforcement priorities [Easthampton becomes 4th Mass. city to decriminalize psychedelic plants, WBUR, 2021-10-21, read 26 October 2026]
- Amherst (2022): Non-binding town council resolution supporting decriminalization of plant medicines, passed 18 July 2022 with one vote against [Around Amherst: Council adopts resolutions on abortion access, gun safety, plant medicines, Amherst Bulletin, 2022-08-01, read 26 October 2026]
- Salem (2023): City council measure to deprioritize arrests involving psilocybin and other psychedelic plants [North Shore city becomes 6th Massachusetts community to decriminalize psychedelic mushrooms, Boston 25 News, 2023-05-19, read 26 October 2026]
- Provincetown (2023): Select Board resolution (3-1-1) instructing police to deprioritize psilocybin cases [Provincetown becomes 7th Mass. community to move toward decriminalizing psychedelics, WBUR, 2023-12-14, read 26 October 2026]
Penalties
- Possessing a Class C substance such as psilocybin is punishable by up to one year in prison, a fine up to $1,000, or both (M.G.L. c.94C §34). [M.G.L. c.94C §34, Unlawful possession of particular controlled substances, Massachusetts Legislature, read 26 October 2026]
Bills
H.4986 2025-2026 (194th General Court)
An Act relative to therapeutic psilocybin treatment centers
Public Health committee redraft of H.2506 and H.2532 to allow therapeutic psilocybin treatment centers.
Status: Reported favorably and referred to Health Care Financing 28 January 2026; reporting date extended to 31 December 2026, 9 July 2026 (pending)
H.2203 2025-2026 (194th General Court)
An Act establishing a pilot program for access to regulated psilocybin
Would let the Department of Public Health run a psilocybin services pilot for adults with PTSD and other specified conditions.
Status: Recommended ought to pass by Health Care Financing and referred to House Ways and Means, 22 July 2026 (pending)
S.1113 2025-2026 (194th General Court)
An Act relative to removing criminal penalties for limited psilocybin possession
Would remove criminal penalties for possessing limited amounts of psilocybin.
Status: Sent to a study order (S.2930), effectively shelved, 29 January 2026
H.1858 2025-2026 (194th General Court)
An Act relative to removing criminal penalties for limited psilocybin possession
House version of the limited-possession decriminalization bill.
Status: Sent to a study order (H.5281), effectively shelved, 26 March 2026
H.4050 2025-2026 (194th General Court)
Adult use, support services, cultivation and taxation of psilocybin-containing fungi
Would create a regulated adult-use framework for psilocybin-containing fungi.
Status: Sent to a study order (H.5318), effectively shelved, 2 April 2026
Dated changes
- 22 July 2026: Would let the Department of Public Health run a psilocybin services pilot for adults with PTSD and other specified conditions. Status: Recommended ought to pass by Health Care Financing and referred to House Ways and Means. Source
- 9 July 2026: Public Health committee redraft of H.2506 and H.2532 to allow therapeutic psilocybin treatment centers. Status: Reported favorably and referred to Health Care Financing 28 January 2026; reporting date extended to 31 December 2026. Source
- 2 April 2026: Would create a regulated adult-use framework for psilocybin-containing fungi. Status: Sent to a study order (H.5318), effectively shelved. Source
- 26 March 2026: House version of the limited-possession decriminalization bill. Status: Sent to a study order (H.5281), effectively shelved. Source
- 29 January 2026: Would remove criminal penalties for possessing limited amounts of psilocybin. Status: Sent to a study order (S.2930), effectively shelved. Source
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