Psilocybin law in Rhode Island
Illegal Checked 26 October 2026
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.
Psilocybin is a controlled substance with no lawful route for retreats or personal use. Some of these states fund research or trials. 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 (spelled "psilocyn") are listed as hallucinogenic substances in Schedule I, R.I. Gen. Laws 21-28-2.08, subsection (d), items (15) and (16). [R.I. Gen. Laws 21-28-2.08, Schedules I through V, State of Rhode Island General Assembly, read 26 October 2026]
What the law says
- In June 2023 the Rhode Island House passed H 5923 Sub A, which would have allowed possession of less than one ounce of psilocybin and home cultivation; it was referred to Senate Judiciary on 12 June 2023 and did not become law. [Legislative Status Report (bill history), Rhode Island Legislative Data Systems, State of Rhode Island General Assembly, 2026-10-26, read 26 October 2026]
- Rhode Island has no psilocybin therapy, medical or supervised-use program. [R.I. Gen. Laws 21-28-2.08, Schedules I through V, State of Rhode Island General Assembly, read 26 October 2026] [Legislative Status Report (bill history), Rhode Island Legislative Data Systems, State of Rhode Island General Assembly, 2026-10-26, read 26 October 2026]
Penalties
- Possessing a Schedule I controlled substance other than marijuana is a crime punishable by up to 3 years in prison, a fine of $500 to $5,000, or both, R.I. Gen. Laws 21-28-4.01(c)(2)(i). The statute sets no separate first-offence tier. [R.I. Gen. Laws 21-28-4.01, Prohibited acts A, penalties, State of Rhode Island General Assembly, read 26 October 2026]
- Because the maximum term exceeds one year, the offence is a felony under R.I. Gen. Laws 11-1-2. [R.I. Gen. Laws 21-28-4.01, Prohibited acts A, penalties, State of Rhode Island General Assembly, read 26 October 2026] [R.I. Gen. Laws 11-1-2, Felony and misdemeanor distinguished, State of Rhode Island General Assembly, read 26 October 2026]
Bills
H 7925 2026
Relating to Food and Drugs - Uniform Controlled Substances Act
Would exempt under one ounce of psilocybin held or shared by a person, or cultivated at home for personal use, and require the Department of Health to write rules for medical use if the FDA reschedules psilocybin; sunset 1 July 2028.
Status: Referred to House Health and Human Services on introduction; no further action before the 2026 session ended, 27 February 2026
H 7756 2026
Relating to Food and Drugs - Uniform Controlled Substances Act
Earlier 2026 version of the same psilocybin possession and home-cultivation exemption, contingent FDA-linked medical rules, sunset 1 July 2028.
Status: Withdrawn at sponsor's request, 9 April 2026
H 5186 2025
Relating to Food and Drugs - Uniform Controlled Substances Act
Would exempt under one ounce of psilocybin held, shared or cultivated at home for personal use, with Department of Health medical rules contingent on FDA action; sunset 1 July 2027.
Status: House Judiciary recommended the measure be held for further study; died at end of 2025 session, 11 February 2025
H 7047 2024
Relating to Food and Drugs - Uniform Controlled Substances Act
Would have permitted possession of less than one ounce of psilocybin and secure home cultivation for personal use.
Status: House Judiciary recommended the measure be held for further study; died at end of 2024 session, 1 February 2024
Dated changes
- 9 April 2026: Earlier 2026 version of the same psilocybin possession and home-cultivation exemption, contingent FDA-linked medical rules, sunset 1 July 2028. Status: Withdrawn at sponsor's request. Source
- 27 February 2026: Would exempt under one ounce of psilocybin held or shared by a person, or cultivated at home for personal use, and require the Department of Health to write rules for medical use if the FDA reschedules psilocybin; sunset 1 July 2028. Status: Referred to House Health and Human Services on introduction; no further action before the 2026 session ended. Source
- 11 February 2025: Would exempt under one ounce of psilocybin held, shared or cultivated at home for personal use, with Department of Health medical rules contingent on FDA action; sunset 1 July 2027. Status: House Judiciary recommended the measure be held for further study; died at end of 2025 session. Source
- 1 February 2024: Would have permitted possession of less than one ounce of psilocybin and secure home cultivation for personal use. Status: House Judiciary recommended the measure be held for further study; died at end of 2024 session. Source
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