Psilocybin law in Minnesota

Scheduling

Psilocybin and psilocyn are listed in Schedule I, hallucinogens, Minn. Stat. §152.02 subd. 2(d)(21) and (22) [Minn. Stat. §152.02, Schedules of controlled substances, Minnesota Revisor of Statutes, read 26 October 2026]

What the law says

• The Psychedelic Medicine Task Force was established by Laws of Minnesota 2023, chapter 70, article 4, section 99 to advise the Legislature on legalizing psychedelic medicine. [Psychedelic Medicine Task Force Legislative Report, Minnesota Department of Health (via Legislative Reference Library), 2025-01-01, read 26 October 2026]
• The task force's January 2025 report recommended removing criminal penalties for psychedelic medicines, creating a state-regulated clinical program, funding more research, and adult regulated use of psilocybin-containing mushrooms. [Psychedelic Medicine Task Force Legislative Report, Minnesota Department of Health (via Legislative Reference Library), 2025-01-01, read 26 October 2026]
• In 2026 a new state law asked the Office of Cannabis Management to examine psilocybin and put together a proposal for a pilot program for treatment-resistant conditions such as PTSD and depression. [Office of Cannabis Management explores magic mushroom legality and benefits, FOX 21, 2026-06-05, 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.

• Minneapolis (2023): Mayor's Executive Order 2023-01 making investigation and arrest for entheogenic plants on the federal Schedule 1 list the lowest law enforcement priority [Executive Order 2023-01, Deprioritizing Enforcement of Entheogenic Plants, City of Minneapolis, 2023, read 26 October 2026]

Penalties

• A first-time conviction for possessing less than 0.25 grams or one dosage unit of a controlled substance (other than heroin) is a gross misdemeanor (Minn. Stat. §152.025 subd. 4(a)). [Minn. Stat. §152.025, Controlled substance crime in the fifth degree, Minnesota Revisor of Statutes, read 26 October 2026]
• Other fifth-degree possession is a felony punishable by up to five years in prison, a fine up to $10,000, or both (Minn. Stat. §152.025 subd. 4(b)). [Minn. Stat. §152.025, Controlled substance crime in the fifth degree, Minnesota Revisor of Statutes, read 26 October 2026]

Bills

• HF 2906 2025-2026 (94th Legislature)

  Psilocybin therapeutic use program established

  Would create a supervised therapeutic psilocybin program for adults 21 and over with qualifying conditions and move psilocybin from Schedule I to Schedule IV.

  Status: Passed House Health Finance and Policy Committee, re-referred to Commerce Finance and Policy 16 March 2026; died when the 2025-2026 biennium ended, 16 March 2026

• HF 4577 2025-2026 (94th Legislature)

  Psilocybin therapeutic use program established

  Alternative therapeutic psilocybin program bill with an advisory committee and appropriation.

  Status: Re-referred to Veterans and Military Affairs Division 9 April 2026; died when the biennium ended, 9 April 2026

Dated changes

• 9 April 2026: Alternative therapeutic psilocybin program bill with an advisory committee and appropriation. Status: Re-referred to Veterans and Military Affairs Division 9 April 2026; died when the biennium ended. Source
• 16 March 2026: Would create a supervised therapeutic psilocybin program for adults 21 and over with qualifying conditions and move psilocybin from Schedule I to Schedule IV. Status: Passed House Health Finance and Policy Committee, re-referred to Commerce Finance and Policy 16 March 2026; died when the 2025-2026 biennium ended. Source