Psilocybin law in New Jersey
Decriminalised or deprioritised Checked 26 October 2026
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.
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: Reduced penalties (state law). Psilocybin remains a Schedule I drug under US federal law.
Scheduling
Psilocybin is a Schedule I controlled dangerous substance under N.J.S.A. 24:21-5 (section 5 of P.L.1970, c.226) [Assembly Judiciary Committee Statement to Assembly Bill No. 5084, New Jersey Legislature, 2020-12-07, read 26 October 2026]
What the law says
- P.L.2021, c.9, signed 4 February 2021, made possession of one ounce or less of psilocybin a disorderly persons offense instead of a third-degree crime. [P.L.2021, c.9 (S3256), An Act concerning psilocybin and amending N.J.S.2C:35-10, New Jersey Legislature, 2021-02-04, read 26 October 2026] [New Jersey loosens penalty for possession of magic mushrooms, NBC10 Philadelphia, 2021-02, read 26 October 2026]
- P.L.2025, c.296 (S2283), approved 20 January 2026, establishes the Psilocybin Behavioral Health Access and Therapy Pilot Program in the Department of Health to support hospital psilocybin research compliant with FDA and DEA rules. [P.L.2025, c.296, An Act concerning a pilot program for psilocybin research and making an appropriation, New Jersey Legislature, 2026-01-20, read 26 October 2026]
- The 2026 law appropriates $6,000,000, with $2,000,000 for each of three hospitals selected from the northern, central and southern regions, and creates a Psychedelic Therapy and Research Board. [P.L.2025, c.296, An Act concerning a pilot program for psilocybin research and making an appropriation, New Jersey Legislature, 2026-01-20, read 26 October 2026]
- The pilot law states the goal of evaluating a future safe, legal and affordable statewide medical psilocybin care delivery system; it does not create retail or adult-use access. [P.L.2025, c.296, An Act concerning a pilot program for psilocybin research and making an appropriation, New Jersey Legislature, 2026-01-20, read 26 October 2026]
Penalties
- Possession of one ounce or less of psilocybin is a disorderly persons offense (N.J.S.2C:35-10a(5)), punishable by up to six months in jail, a fine up to $1,000, or both. [P.L.2021, c.9 (S3256), An Act concerning psilocybin and amending N.J.S.2C:35-10, New Jersey Legislature, 2021-02-04, read 26 October 2026] [Assembly Judiciary Committee Statement to Assembly Bill No. 5084, New Jersey Legislature, 2020-12-07, read 26 October 2026]
- Possession of more than one ounce remains a third-degree crime under N.J.S.2C:35-10a(1), punishable by three to five years in prison, a fine up to $15,000, or both. [P.L.2021, c.9 (S3256), An Act concerning psilocybin and amending N.J.S.2C:35-10, New Jersey Legislature, 2021-02-04, read 26 October 2026] [Assembly Judiciary Committee Statement to Assembly Bill No. 5084, New Jersey Legislature, 2020-12-07, read 26 October 2026]
Bills
S2283 2024-2025
Psilocybin Behavioral Health Access and Therapy Pilot Program; appropriates $6 million
Creates a Department of Health pilot program funding three hospitals to conduct psilocybin research, plus an advisory board.
Status: Signed 20 January 2026 as P.L.2025, c.296, 20 January 2026
Dated changes
- 20 January 2026: Creates a Department of Health pilot program funding three hospitals to conduct psilocybin research, plus an advisory board. Status: Signed 20 January 2026 as P.L.2025, c.296. Source
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