Nebraska
Psilocybin is illegal in Nebraska as of 18 Aug 2026.1
- Checked against 1 cited source at this review.
1. What the law is
Neb. Rev. Stat. § 28-405 (Schedule I: (12) Psilocybin [with FDA-approved-formulation carve-out], (13) Psilocin)1
Nebraska exempts an FDA-approved psilocybin formulation from Schedule I. None exists, and no reform has passed by 2026.
Is psilocybin legal in Nebraska? No. Psilocybin (and psilocin) is a Schedule I controlled substance under the Nebraska Uniform Controlled Substances Act, Neb. Rev. Stat. § 28-405, and is illegal to possess, manufacture, or distribute. Possession is prosecuted under Neb. Rev. Stat. § 28-416 as a Class IV felony, while manufacture or distribution is a Class II felony. As of June 2026, Nebraska has enacted no statute decriminalizing or authorizing any therapeutic or supervised use of psilocybin.
Nebraska lists psilocybin and psilocin among the hallucinogenic substances in Schedule I of Neb. Rev. Stat. § 28-405, the schedule reserved under state law for substances with no accepted medical use and a high potential for abuse. The statute carves out only 'any pharmaceutical composition of crystalline polymorph psilocybin approved by the federal Food and Drug Administration,' meaning any change in legal status for an FDA-approved product would flow from federal approval rather than a state reform measure. No bill decriminalizing psilocybin, establishing a regulated therapeutic-access program, or creating a study task force has been enacted by the Nebraska Legislature as of June 2026, and the substance remains fully illegal under state law. Because Nebraska has no decriminalization measure, possession remains an arrestable, charge-eligible offense statewide with no enforcement-deprioritization policy in effect.
2. Pending legislation
No bill is on file in Nebraska 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.
Nebraska enacts the Uniform Controlled Substances Act (Neb. Rev. Stat. §§ 28-401 et seq.), establishing the drug schedules codified in § 28-405.
Psilocybin and psilocin remain Schedule I controlled substances under Neb. Rev. Stat. § 28-405; no reform, decriminalization, or therapeutic-access legislation has been enacted.
4. Trials in Nebraska
Interventional psilocybin trials with at least one study site in Nebraska, drawn from ClinicalTrials.gov, EU CTIS, and ISRCTN. Registry data is reported by sponsors and shown as filed.
Recruiting, active, completed and closed add up to the 5 trials with a study site in Nebraska, as of Aug 2026. Closed covers trials terminated, suspended, withdrawn or left unverified.
| Registry ID | Trial | Phase | Sponsor | Status | Started |
|---|---|---|---|---|---|
| NCT07516405 (opens in new tab) | Safety and Tolerability Trial of Psilocybin in Healthy Older Adults (opens in new tab)Recruiting at University of Nebraska Medical Center, Omaha | Phase Phase 1 | Sponsor University of Colorado, Denver | Status Recruiting | Started |
| NCT06308653 (opens in new tab) | Psilocybin for Major Depressive Disorder (MDD) (opens in new tab)Site at VA Nebraska Western Iowa Health Care System, Omaha | Phase Phase 3 | Sponsor Usona Institute | Status Active, not recruiting | Started |
| NCT05220046 (opens in new tab) | Palliadelic Treatment to Reduce Psychological Distress in Persons With Advanced Gastrointestinal Cancers (opens in new tab)Site at University of Nebraska Medical Center, Omaha | Phase Phase 1 | Sponsor University of Nebraska | Status Completed | Started |
| NCT05711940 (opens in new tab) | Efficacy, Safety, and Tolerability of Two Administrations of COMP360 in Participants With TRD (opens in new tab)Site at Alivation Research, LLC., Lincoln | Phase Phase 3 | Sponsor COMPASS Pathways | Status Active, not recruiting | Started |
| NCT05624268 (opens in new tab) | Efficacy, Safety, and Tolerability of COMP360 in Participants With TRD (opens in new tab)Site at Alivation Research, LLC., Lincoln | Phase Phase 3 | Sponsor COMPASS Pathways | Status Completed | Started |
ClinicalTrials.gov data courtesy of the U.S. National Library of Medicine.
5. Common questions
Is psilocybin legal in Nebraska?
No. Psilocybin and psilocin are Schedule I controlled substances under the Nebraska Uniform Controlled Substances Act, Neb. Rev. Stat. § 28-405, and remain illegal to possess, manufacture, or distribute as of June 2026.
Has Nebraska decriminalized psilocybin?
No. Nebraska has not enacted any measure decriminalizing psilocybin. Possession remains a charge-eligible criminal offense statewide, and no jurisdiction in the state has adopted an enforcement-deprioritization policy.
What are the penalties for psilocybin possession in Nebraska?
Under Neb. Rev. Stat. § 28-416, possession of a Schedule I controlled substance such as psilocybin is generally a Class IV felony, and manufacture, distribution, or possession with intent to distribute is a Class II felony. Penalty exposure depends on the specific charge and circumstances; this is general legal information, not legal advice.
Does Nebraska have a medical or therapeutic psilocybin program?
No. Nebraska law provides no therapeutic, medical, or supervised-use access to psilocybin. The only exception in Neb. Rev. Stat. § 28-405 is for an FDA-approved pharmaceutical composition of crystalline polymorph psilocybin, which would depend on federal approval rather than a state program.
Are magic mushrooms ("shrooms") legal in Nebraska?
"Magic mushrooms" and "shrooms" are common names for fungi that contain psilocybin. Psilocybin is illegal in Nebraska as of 18 Aug 2026. Some laws control the compound and the fungus separately, so this record states the position for psilocybin in Nebraska.
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.nebraskalegislature.gov (opens in new tab) · nebraskalegislature.gov
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.
Nebraska: psilocybin legal status. The Psilocybin Record. Accession US-NE-001. Status as of 18 Aug 2026. https://psilocybinlegalization.com/record/nebraska
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