Psilocybin law in West Virginia

Scheduling

Psilocybin and psilocyn are listed as hallucinogenic substances in Schedule I of the West Virginia Uniform Controlled Substances Act, W. Va. Code 60A-2-204(d). [W. Va. Code 60A-2-204, Schedule I, West Virginia Legislature, read 26 October 2026]

What the law says

• SB 906, approved by the Governor on 27 March 2026 and effective 12 June 2026, added W. Va. Code 60A-2-201(g): if a drug containing an organic psilocybin substance or crystalline polymorph psilocybin is approved by the FDA and rescheduled by the DEA, it becomes lawful to prescribe, distribute and market it in line with FDA recommendations. [SB 906 bill history, 2026 Regular Session, West Virginia Legislature, 2026-06-25, read 26 October 2026] [SB 906 enrolled text, 2026 Regular Session, West Virginia Legislature, 2026-03-14, read 26 October 2026] [W. Va. Code 60A-2-201, Authority to control, West Virginia Legislature, read 26 October 2026]
• West Virginia has no state psilocybin therapy, medical or adult-use program, and personal use is not decriminalized. [Psilocybin: Summary of State Laws, Legislative Analysis and Public Policy Association, 2025-11, read 26 October 2026]

Penalties

• Possession of a controlled substance without a valid prescription is a misdemeanor punishable by 90 days to six months in jail, a fine of up to $1,000, or both (W. Va. Code 60A-4-401(c)). [W. Va. Code 60A-4-401, Prohibited acts A; penalties, West Virginia Legislature, read 26 October 2026]
• A first-time possession defendant with no prior drug conviction may receive a conditional discharge: proceedings are deferred on probation and dismissed on completion, without a conviction, once per person (W. Va. Code 60A-4-407). [W. Va. Code 60A-4-407, Conditional discharge for first offense of possession, West Virginia Legislature, read 26 October 2026]

Bills

• SB 906 2026 Regular Session

  Permitting lawful prescription of crystalline polymorph psilocybin under FDA recommendations

  Makes it lawful to prescribe, distribute and market an FDA-approved, DEA-rescheduled psilocybin drug (organic psilocybin substance or crystalline polymorph psilocybin).

  Status: Signed by the Governor 27 March 2026; effective 12 June 2026 (Chapter 249, Acts 2026), 27 March 2026

• HB 5588 2026 Regular Session

  Therapeutic Psilocybin Act For Veterans And First Responders

  Would establish a regulated framework for the medical use of psilocybin to treat post-traumatic stress disorder, with production licensing, testing labs and a verification system.

  Status: Referred to House Health and Human Resources on 16 February 2026; no further action, died when the 2026 regular session ended, 16 February 2026

• HB 4640 2026 Regular Session

  Relating to drug scheduling of FDA-approved psilocybin

  Would have allowed FDA-approved organic or crystalline polymorph psilocybin drugs to be prescribed once rescheduled; the House version of the policy enacted through SB 906.

  Status: Reported by committee substitute 28 January 2026; left on first reading on the House Calendar from 2 February 2026, died when the session ended, 2 February 2026

• HB 4721 2026 Regular Session

  Relating to scheduling of FDA-approved crystalline polymorph psilocybin

  Would have added a provision on scheduling crystalline polymorph psilocybin approved by the FDA.

  Status: Referred to House Health and Human Resources, then Judiciary, on 22 January 2026; no further action, died when the session ended, 22 January 2026

• HB 3343 2025 Regular Session

  Relating to scheduling of FDA-approved crystalline polymorph psilocybin

  Would have made it lawful to prescribe, distribute and market crystalline polymorph psilocybin once approved by the FDA.

  Status: Passed House 26 March 2025 (Roll No. 197); referred to Senate Health and Human Resources 27 March 2025, died there, 27 March 2025

Dated changes

• 27 March 2026: Makes it lawful to prescribe, distribute and market an FDA-approved, DEA-rescheduled psilocybin drug (organic psilocybin substance or crystalline polymorph psilocybin). Status: Signed by the Governor 27 March 2026; effective 12 June 2026 (Chapter 249, Acts 2026). Source
• 16 February 2026: Would establish a regulated framework for the medical use of psilocybin to treat post-traumatic stress disorder, with production licensing, testing labs and a verification system. Status: Referred to House Health and Human Resources on 16 February 2026; no further action, died when the 2026 regular session ended. Source
• 2 February 2026: Would have allowed FDA-approved organic or crystalline polymorph psilocybin drugs to be prescribed once rescheduled; the House version of the policy enacted through SB 906. Status: Reported by committee substitute 28 January 2026; left on first reading on the House Calendar from 2 February 2026, died when the session ended. Source
• 22 January 2026: Would have added a provision on scheduling crystalline polymorph psilocybin approved by the FDA. Status: Referred to House Health and Human Resources, then Judiciary, on 22 January 2026; no further action, died when the session ended. Source
• 27 March 2025: Would have made it lawful to prescribe, distribute and market crystalline polymorph psilocybin once approved by the FDA. Status: Passed House 26 March 2025 (Roll No. 197); referred to Senate Health and Human Resources 27 March 2025, died there. Source