North Dakota
Psilocybin is illegal in North Dakota as of 18 Aug 2026.1
- Checked against 2 cited sources at this review.
1. What the law is
N.D.C.C. § 19-03.1-05(5)(l) (Schedule I: Psilocybin) and § 19-03.1-05(5)(p)(11) (Schedule I: Psilocyn). Nuance: § 19-03.1-11(7) places pharmaceutical COMP360 (crystalline polymorph psilocybin) in Schedule IV per SB 2064 (2025); generic psilocybin/psilocyn remain Schedule I.1
SB 2064 (2025) placed one psilocybin product, the crystalline polymorph COMP360, in Schedule IV at N.D.C.C. 19-03.1-11(7). Generic psilocybin and psilocyn are Schedule I in North Dakota, unchanged as of 2026.
Psilocybin is illegal in North Dakota. It is classified as a Schedule I controlled substance under the North Dakota Uniform Controlled Substances Act at North Dakota Century Code section 19-03.1-05, the schedule reserved for substances the legislature has found to have a high potential for abuse and no accepted medical use in treatment. Under North Dakota Century Code section 19-03.1-23, manufacture, delivery, or possession with intent to deliver a Schedule I substance is a class B felony, and simple possession is separately penalized. No North Dakota law authorizes the supervised, medical, or recreational use of psilocybin as of June 2026.
Psilocybin and psilocyn have been listed among the hallucinogenic substances in North Dakota's Schedule I since the state adopted the Uniform Controlled Substances Act, mirroring the federal Controlled Substances Act. The North Dakota Legislative Assembly has not enacted any decriminalization, legalization, or therapeutic-access program for psilocybin. The one psilocybin-specific measure to become law is Senate Bill 2064, enacted by the 69th Legislative Assembly and signed by the Governor on March 26, 2025, which amended sections 19-03.1-05, 19-03.1-09, and 19-03.1-11. At the request of the State Board of Pharmacy, SB 2064 places the crystalline polymorph psilocybin pharmaceutical composition known as COMP360 into Schedule IV, but that classification is conditioned on approval of the product by the United States Food and Drug Administration. Because the FDA has not approved any psilocybin drug product, no such product exists in lawful distribution, and psilocybin in all other forms remains a Schedule I substance. SB 2064 therefore creates a contingent, FDA-gated pathway and confers no present legal access to psilocybin in North Dakota.
2. Pending legislation
No bill is on file in North Dakota 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.
Governor signs Senate Bill 2064 (69th Legislative Assembly), amending NDCC 19-03.1-05, 19-03.1-09, and 19-03.1-11 to place FDA-approved crystalline polymorph psilocybin (COMP360) in Schedule IV; the classification is contingent on FDA approval, which has not occurred.
Psilocybin remains a Schedule I controlled substance under NDCC 19-03.1-05; North Dakota has enacted no decriminalization, legalization, or psilocybin-access program.
4. Common questions
Is psilocybin legal in North Dakota?
No. Psilocybin is a Schedule I controlled substance under North Dakota Century Code section 19-03.1-05. North Dakota has not decriminalized or legalized psilocybin, and no state law authorizes its medical or recreational use as of June 2026.
What is the penalty for psilocybin possession in North Dakota?
Psilocybin is a Schedule I substance. Under North Dakota Century Code section 19-03.1-23, manufacture, delivery, or possession with intent to deliver a Schedule I controlled substance (other than marijuana) is a class B felony, with simple possession penalized separately. Specific charges and penalties depend on the facts and are determined by prosecutors and the courts.
Did North Dakota Senate Bill 2064 legalize psilocybin?
No. SB 2064, signed March 26, 2025, places the FDA-approved crystalline polymorph psilocybin product known as COMP360 into Schedule IV, but only if and when the U.S. Food and Drug Administration approves that product. Because no psilocybin product has FDA approval, the provision is not yet operative and psilocybin remains a Schedule I substance with no legal access.
Is psilocybin decriminalized anywhere in North Dakota?
No. No North Dakota city or county has decriminalized psilocybin, and the substance remains illegal statewide under North Dakota Century Code section 19-03.1-05.
Are magic mushrooms ("shrooms") legal in North Dakota?
"Magic mushrooms" and "shrooms" are common names for fungi that contain psilocybin. Psilocybin is illegal in North Dakota as of 18 Aug 2026. Some laws control the compound and the fungus separately, so this record states the position for psilocybin in North Dakota.
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.ndlegis.gov (opens in new tab) · ndlegis.gov
- 2.ndlegis.gov (opens in new tab) · ndlegis.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.
North Dakota: psilocybin legal status. The Psilocybin Record. Accession US-ND-001. Status as of 18 Aug 2026. https://psilocybinlegalization.com/record/north-dakota
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