Hawaii

1. 1What the law is

Every psychedelics measure Hawaii has produced so far is a study, not an access route. A Breakthrough Therapies Task Force sits under the governor's Office of Wellness and Resilience. SB 3199 (2026) would have added a second body, a Mental Health Emerging Therapies Task Force to examine psilocybin and MDMA therapy pathways; it passed both chambers in different forms and died in conference committee as the 2026 session closed. Psilocybin is a Schedule I controlled substance in the state and possession is a crime. Nothing that would create access or decriminalize possession has been enacted.

Unauthorized possession is a crime in Hawaii, prosecuted under HRS chapter 712. The listing behind that sits at Hawaii Revised Statutes (HRS) section 329-14, inside the state's Uniform Controlled Substances Act, where Schedule I means no state-authorized use of any kind. Hawaii has enacted nothing that legalizes psilocybin, decriminalizes it or opens a therapeutic route to it.

Psilocybin remains a Schedule I controlled substance in Hawaii and possession remains a crime; the state's legislative activity to date is limited to study and is not a form of legal access. In 2023, the Governor's Office of Wellness and Resilience convened a Breakthrough Therapies Task Force to examine emerging therapies including psilocybin and to prepare guidance anticipating possible future federal action; that task force is a study and advisory body and confers no legal authorization to possess or use psilocybin. In the 2026 session, the Legislature considered SB 3199, which would establish a Mental Health Emerging Therapies Task Force to study psilocybin and MDMA therapy pathways and report recommendations to the Legislature for the 2027 and 2028 sessions. According to the Hawaii State Legislature record, SB 3199 passed the Senate 24-0 on March 6, 2026 and passed the House on third reading in amended form on April 9, 2026. The Senate disagreed with the House amendments, the measure went to a conference committee, and it died there as the session closed; it carries no act number and was never enacted. Even had it passed, it would have created a study body only and would not have changed the substance's Schedule I status or created any access. No pilot program, decriminalization measure, or regulated-access framework has been enacted in Hawaii.