Psilocybin law in Virginia
Illegal Checked 26 October 2026
Psilocybin is illegal in Virginia: it is a Schedule I controlled substance under Va. Code 54.1-3446, and possession is a Class 5 felony under Va. Code 18.2-250.
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 are listed among the hallucinogenic substances in Schedule I of the Virginia Drug Control Act, Va. Code 54.1-3446(3). [Code of Virginia 54.1-3446, Schedule I, Virginia General Assembly (LIS), read 26 October 2026]
What the law says
- 2026 Acts of Assembly Chapters 305 and 306 (HB 1347 and SB 379) direct the Board of Pharmacy to reschedule an FDA-approved formulation of psilocybin, designed to be administered by a health care professional in a health care setting, consistent with federal scheduling changes. Approved 6 April 2026, effective 1 July 2026. [2026 Acts of Assembly, Chapter 305 (HB 1347), Board of Pharmacy; regulation of psilocybin, Virginia General Assembly (LIS), 2026-04-06, read 26 October 2026] [2026 Acts of Assembly, Chapter 306 (SB 379), Board of Pharmacy; regulation of psilocybin, Virginia General Assembly (LIS), 2026-04-06, read 26 October 2026] [SB 379 (2026), bill details, Virginia LIS, 2026-04-06, read 26 October 2026] [HB 1347 (2026), bill details, Virginia LIS, 2026-04-06, read 26 October 2026]
- In 2025 the General Assembly passed SB 1135, which would have directed the Board of Pharmacy to allow prescribing and dispensing of crystalline polymorph psilocybin after FDA approval and DEA rescheduling; the Governor vetoed it on 24 March 2025 and the Senate sustained the veto on 2 April 2025. [SB 1135 (2025), bill details, Virginia LIS, 2025-04-02, read 26 October 2026]
Penalties
- Possession of a Schedule I substance is a Class 5 felony (Va. Code 18.2-250(A)(a)), punishable by 1 to 10 years in prison or, at the discretion of the jury or court, up to 12 months in jail and a fine of up to $2,500, either or both (Va. Code 18.2-10(e)). [Code of Virginia 18.2-250, Possession of controlled substances unlawful, Virginia General Assembly (LIS), read 26 October 2026] [Code of Virginia 18.2-10, Punishment for conviction of felony, Virginia General Assembly (LIS), read 26 October 2026]
Bills
SB 379 2026
Psilocybin; Board of Pharmacy to reschedule upon federal scheduling changes
Directs the Board of Pharmacy to reschedule psilocybin consistent with federal scheduling once the FDA approves a formulation for administration by a health care professional in a health care setting.
Status: Approved by Governor 6 April 2026 (Chapter 306), effective 1 July 2026, 6 April 2026
HB 1347 2026
Psilocybin; Board of Pharmacy to reschedule upon federal scheduling changes
Identical companion to SB 379.
Status: Approved by Governor 6 April 2026 (Chapter 305), effective 1 July 2026, 6 April 2026
SB 740 2026
Breakthrough Therapies for Veteran Suicide Prevention Act; fund and council established; report
Would create a fund to support clinical research and implementation of FDA Breakthrough Therapies for PTSD, treatment-resistant depression, major depressive disorder and traumatic brain injury (the summary does not name psilocybin).
Status: Continued to 2027 in Senate Finance and Appropriations, 12 February 2026 (pending)
SB 1135 2025
Crystalline polymorph psilocybin; regulations for prescribing, etc.
Would have directed the Board of Pharmacy to allow prescribing, dispensing, possessing and using crystalline polymorph psilocybin after FDA approval and DEA rescheduling.
Status: Vetoed by Governor 24 March 2025; veto sustained by Senate 2 April 2025, 2 April 2025
SB 1101 2025
Breakthrough Therapies for Veteran Suicide Prevention Advisory Council; established
Would have established an advisory council to advise the Department of Health on supporting clinical research and treatment with breakthrough therapies for PTSD, depression and traumatic brain injury.
Status: Passed Senate 40-0; passed by indefinitely in House Rules on 17 Feb 2025, 17 February 2025
HB 80 2024 (continued to 2025)
Breakthrough Therapies for Veteran Suicide Prevention, Advisory Council on; established, report
Would have established an advisory council on breakthrough therapies for veteran suicide prevention.
Status: Continued to 2025 in House Rules on 1 Feb 2024, then left in Rules on 18 Nov 2024, 18 November 2024
Dated changes
- 6 April 2026: Directs the Board of Pharmacy to reschedule psilocybin consistent with federal scheduling once the FDA approves a formulation for administration by a health care professional in a health care setting. Status: Approved by Governor 6 April 2026 (Chapter 306), effective 1 July 2026. Source
- 6 April 2026: Identical companion to SB 379. Status: Approved by Governor 6 April 2026 (Chapter 305), effective 1 July 2026. Source
- 12 February 2026: Would create a fund to support clinical research and implementation of FDA Breakthrough Therapies for PTSD, treatment-resistant depression, major depressive disorder and traumatic brain injury (the summary does not name psilocybin). Status: Continued to 2027 in Senate Finance and Appropriations. Source
- 2 April 2025: Would have directed the Board of Pharmacy to allow prescribing, dispensing, possessing and using crystalline polymorph psilocybin after FDA approval and DEA rescheduling. Status: Vetoed by Governor 24 March 2025; veto sustained by Senate 2 April 2025. Source
The full law map, with 51 US entries and every country we cover, or every dated change.