New Hampshire
Psilocybin is illegal in New Hampshire as of 16 Aug 2026.1
- Status changed at this review, and checked against 2 cited sources at this review.
1. What the law is
The pattern in New Hampshire is a House that moves and a Senate that does not. HB 528 (2025) cut penalties and passed the House; the Senate tabled it in June 2025. HB 1796 (2026) died in committee in February 2026. HB 1809 (2026) was scaled back from medical legalization to an advisory board on medical psilocybin before the House passed it, and the Senate killed it on a voice vote of Inexpedient to Legislate on May 5, 2026. The one court ruling on the books, State v. Mack (2020), holds that religious use claims are weighed under the state constitution's compelling-interest test. It opened no access route, and possession remains a crime.
Psilocybin is illegal in New Hampshire. It is classified as a controlled drug under the state's Controlled Drug Act (RSA 318-B), and RSA 318-B:2 makes it unlawful to manufacture, possess, sell, or possess with intent to sell a controlled drug absent statutory authorization. Possession is a criminal offense punishable under the penalty provisions of RSA 318-B:26, and the state has not enacted any law decriminalizing or authorizing supervised psilocybin use.
New Hampshire schedules psilocybin as a controlled drug under RSA chapter 318-B, the Controlled Drug Act, and possession therefore remains a crime statewide. Multiple reform bills have been introduced in recent sessions, and all have failed. HB 528 (2025), which would have reduced penalties for psilocybin possession, passed the House but was tabled by the Senate in June 2025. In the 2026 session, HB 1796 was killed in committee in February 2026, and HB 1809, which had been scaled back from medical legalization to establishing a medical psilocybin advisory board before passing the House, was rejected by the Senate on a voice vote of Inexpedient to Legislate on May 5, 2026. None of these measures became law, so no legal pathway to possess or use psilocybin currently exists in New Hampshire. Separately, in State v. Mack (2020) the New Hampshire Supreme Court held that religious-use claims involving a controlled substance must be evaluated under the state constitution's compelling-interest test. The ruling is narrow and creates no general right of access.
2. Pending legislation
None identified. The New Hampshire General Court's 2026 Chaptered Final Version list, 337 chapters, contains no psilocybin measure as of 16 Aug 2026. HB 1772, previously recorded here as pending, is Chapter 333 and is an ibogaine measure: relative to prescribing ibogaine for investigational use only and adopting the physician associate licensure compact. The 2026 session had not adjourned when that was checked, with the General Court's calendar showing the next House and Senate sessions on 19 Aug 2026, so this states the chaptered record rather than the whole session.
3. History
The laws behind today’s status, when each took effect, and every review since, in order.
In State v. Mack, the New Hampshire Supreme Court holds that religious-use claims for a controlled substance must be weighed under the state constitution's compelling-interest test.
HB 528, a psilocybin penalty-reduction bill, passes the House but is tabled by the Senate.
HB 1796 is voted Inexpedient to Legislate and killed in committee.
HB 1809, scaled back to a medical psilocybin advisory board, is rejected by the Senate on a voice vote of Inexpedient to Legislate.
Every New Hampshire reform bill of 2025 and 2026 is dead. HB 528 was tabled in June 2025, HB 1796 was killed in February 2026, and the Senate killed HB 1809 on May 5, 2026. The status is corrected from mixed to illegal.
New Hampshire's entry no longer lists HB 1772 as pending. It became law in 2026 as Chapter 333, it covers prescribing ibogaine for investigational use, and no psilocybin measure was enacted. Psilocybin is still a controlled drug in New Hampshire.
4. Common questions
Is psilocybin legal in New Hampshire?
No. Psilocybin is a controlled drug under New Hampshire's Controlled Drug Act (RSA chapter 318-B), and RSA 318-B:2 makes it unlawful to manufacture, possess, sell, or possess it with intent to sell. Possession is a criminal offense, and no state law decriminalizes or authorizes its use.
Has New Hampshire decriminalized psilocybin possession?
No. Reform bills such as HB 528 (2025), HB 1796 (2026), and HB 1809 (2026) were introduced but all failed; none reduced penalties or removed criminal liability. Possession remains a crime under RSA 318-B.
Did New Hampshire pass a medical psilocybin law in 2026?
No. HB 1809, which the House amended to create a medical psilocybin advisory board, was rejected by the Senate on a voice vote of Inexpedient to Legislate on May 5, 2026, and did not become law.
What is the penalty for psilocybin possession in New Hampshire?
Psilocybin possession is prosecuted as a controlled-drug offense under RSA 318-B:2, with penalties set out in RSA 318-B:26. The specific classification and sentence depend on the conduct and any prior offenses; consult the statute or a licensed New Hampshire attorney for case-specific detail.
Does the State v. Mack ruling allow religious psilocybin use in New Hampshire?
Not as a general matter. In State v. Mack (2020) the New Hampshire Supreme Court held that religious-use claims involving a controlled substance must be evaluated under the state constitution's compelling-interest test. It is a narrow religious-liberty precedent, and it opens no statewide access pathway.
Are magic mushrooms ("shrooms") legal in New Hampshire?
"Magic mushrooms" and "shrooms" are common names for fungi that contain psilocybin. Psilocybin is illegal in New Hampshire as of 16 Aug 2026. Some laws control the compound and the fungus separately, so this record states the position for psilocybin in New Hampshire.
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.gc.nh.gov (opens in new tab) · gc.nh.gov
- 2.Marijuana Moment.Marijuana Moment (opens in new tab) · marijuanamoment.net
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.
New Hampshire's entry no longer lists HB 1772 as pending. It became law in 2026 as Chapter 333, it covers prescribing ibogaine for investigational use, and no psilocybin measure was enacted. Psilocybin is still a controlled drug in New Hampshire.
Every New Hampshire reform bill of 2025 and 2026 is dead. HB 528 was tabled in June 2025, HB 1796 was killed in February 2026, and the Senate killed HB 1809 on May 5, 2026. The status is corrected from mixed to illegal.
New Hampshire: psilocybin legal status. The Psilocybin Record. Accession US-NH-001. Status as of 16 Aug 2026. https://psilocybinlegalization.com/record/new-hampshire
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