Delaware
Psilocybin is illegal in Delaware as of 18 Aug 2026.1
- Checked against 2 cited sources at this review.
1. What the law is
16 Del. C. § 4714(d) (Schedule I: Psilocybin, Psilocyn)1
Delaware keeps psilocybin and psilocyn in Schedule I. The legislature has enacted no reform as of 2026.
Schedule I in Delaware is defined at Del. Code Ann. tit. 16, Section 4714(d), and psilocybin and psilocin are both on the hallucinogen list there. It is the most restrictive class the Delaware Uniform Controlled Substances Act defines. Chapter 47 of Title 16 supplies the penalties for possessing, manufacturing or delivering it without authorization. No Delaware statute authorized medical, therapeutic or decriminalized use as of 2026.
Delaware classifies psilocybin and psilocin as Schedule I controlled substances through § 4714 of Title 16, and the legislature has not enacted any reform measure changing that status. As of 2026, no Delaware statute creates a regulated psilocybin program, a decriminalization framework, or a study task force, and the substance remains illegal statewide with no current legal access of any kind. Delaware has not adopted the kind of supervised-use or decriminalization legislation enacted in states such as Oregon or Colorado, and any future change would require an amendment to the Uniform Controlled Substances Act or separate enabling legislation passed by the General Assembly and signed by the Governor.
2. Pending legislation
No bill is on file in Delaware that would change this record, as of the 18 Aug 2026 review.
3. History
The laws behind today’s status, when each took effect, and every review since, in order.
Delaware enacts the Uniform Controlled Substances Act (Title 16, Chapter 47), establishing Schedule I and listing hallucinogenic substances.
Psilocybin and psilocin remain Schedule I substances under Del. Code Ann. tit. 16, § 4714(d); no psilocybin reform legislation has been enacted.
4. Common questions
Is psilocybin legal in Delaware?
No. Psilocybin is illegal in Delaware. It is listed as a Schedule I hallucinogenic substance under Del. Code Ann. tit. 16, § 4714(d), and no state statute authorizes medical, therapeutic, or recreational use.
What law makes psilocybin illegal in Delaware?
The Delaware Uniform Controlled Substances Act, codified at Title 16, Chapter 47, controls psilocybin. Section 4714(d) lists psilocybin and psilocin (spelled 'psilocyn' in the statute) among Schedule I hallucinogenic substances, the most restrictive category under Delaware law.
Has Delaware decriminalized or legalized psilocybin?
No. As of 2026, Delaware has not enacted any decriminalization measure, regulated-access program, or study task force for psilocybin. The substance remains a Schedule I controlled substance with no current legal access.
Is there a medical or therapeutic psilocybin program in Delaware?
No. Delaware law does not authorize a supervised-use, medical, or therapeutic psilocybin program. Unlike states such as Oregon and Colorado, Delaware has not passed enabling legislation, so psilocybin remains illegal under the Uniform Controlled Substances Act.
Are magic mushrooms ("shrooms") legal in Delaware?
"Magic mushrooms" and "shrooms" are common names for fungi that contain psilocybin. Psilocybin is illegal in Delaware as of 18 Aug 2026. Some laws control the compound and the fungus separately, so this record states the position for psilocybin in Delaware.
Sources and confidence
Every status line is checked against the primary sources below. How each record is graded for confidence is set out in the methodology.
- 1.delcode.delaware.gov (opens in new tab) · delcode.delaware.gov
- 2.codes.findlaw.com (opens in new tab) · codes.findlaw.com
Cited at the review
This information is for educational purposes only and does not constitute legal advice. Laws change frequently, and enforcement practice can differ from the letter of the law. Verify current status with local authorities before relying on this record.
Changes to this record
Every change we have made to this record, dated, corrections included. Nothing changes silently.
Nothing has needed correcting or updating since this record first published.
Delaware: psilocybin legal status. The Psilocybin Record. Accession US-DE-001. Status as of 18 Aug 2026. https://psilocybinlegalization.com/record/delaware
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