Virginia
Psilocybin is illegal in Virginia as of 01 Aug 2026.1
- Corrected and re-checked against 2 cited sources at this review.
1. What the law is
HB 1347 / SB 379 (2026), chapters 305 and 306 of the 2026 Acts of Assembly (uncodified): enacted trigger laws: require the Board of Pharmacy to reschedule an FDA-approved psilocybin formulation consistent with federal scheduling changes, at the Board's next quarterly meeting following 30 days from publication of the federal order in the Federal Register; signed by Gov. Abigail Spanberger on April 6, 2026, in force July 1, 20261
Two trigger laws took effect in Virginia on July 1, 2026, and both are waiting on Washington. HB 1347 and SB 379, signed by Governor Abigail Spanberger on April 6, 2026, require the Virginia Board of Pharmacy to reschedule an FDA-approved psilocybin formulation intended for clinical administration, consistent with federal scheduling changes, at its next quarterly meeting following 30 days from publication of the federal order in the Federal Register. Both acts are uncodified and neither touched the state drug schedules, so psilocybin and psilocyn stay in Schedule I at Va. Code 54.1-3446. There has been no FDA approval and the Board has not acted, so no legal access exists in Virginia today.
Psilocybin is illegal in Virginia. It is listed by name as a Schedule I hallucinogenic substance under the Virginia Drug Control Act, Va. Code Ann. § 54.1-3446, the most restrictive classification under state law. Manufacture, sale, and possession are criminal offenses, and Schedule I status reflects a substance with no currently accepted medical use under state law; there is no lawful access to psilocybin in Virginia for any purpose.
Psilocybin and psilocyn are enumerated as Schedule I controlled substances in Va. Code Ann. § 54.1-3446, and that classification remains in force today. In the 2026 Regular Session, the General Assembly passed HB 1347 (Del. Laura Jane Cohen) and its identical companion SB 379 (Sen. Jennifer Boysko), which Governor Abigail Spanberger signed on April 6, 2026 as chapters 305 and 306 of the 2026 Acts of Assembly, in force July 1, 2026. These are trigger laws: they direct the Virginia Board of Pharmacy to reschedule a specific FDA-approved psilocybin formulation, consistent with federal scheduling changes, at its next quarterly meeting following the expiration of 30 days from publication in the Federal Register of a final or interim final order designating an FDA-approved psilocybin formulation. Because the FDA has not approved any psilocybin formulation, the rescheduling provision has not been triggered and creates no current legal access. The enacted bills expressly do not authorize general or recreational use. A separate 2026 measure to establish a psychedelic advisory framework (SB 1101) passed the Senate but did not advance through the House and did not become law.
2. Pending legislation
No bill is on file in Virginia that would change this record, as of the 01 Aug 2026 review.
3. History
The laws behind today’s status, when each took effect, and every review since, in order.
SB 1101, a separate psychedelic advisory measure, passes the Senate but does not advance through the House.
HB 1347 passes the Virginia House of Delegates.
Governor Abigail Spanberger signs HB 1347 and SB 379 as chapters 305 and 306, enacting trigger laws that direct the Board of Pharmacy to reschedule an FDA-approved psilocybin formulation upon federal approval.
Virginia moves from mixed to illegal. Its two trigger laws were enacted in April 2026 but stay dormant until the FDA approves a psilocybin product, and a separate bill to create an advisory council, SB 1101, was killed in the House.
Virginia's psilocybin trigger laws are recorded as chapters 305 and 306 and have been in force since July 1, 2026. The trigger has not fired and psilocybin stays in Schedule I.
Virginia's trigger laws are now recorded as signed on April 6, 2026, per the legislature's own bill histories.
4. Trials in Virginia
Interventional psilocybin trials with at least one study site in Virginia, 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 1 trial with a study site in Virginia, as of Aug 2026. Closed covers trials terminated, suspended, withdrawn or left unverified.
| Registry ID | Trial | Phase | Sponsor | Status | Started |
|---|---|---|---|---|---|
| NCT06724289 (opens in new tab) | Psilocybin for Prolonged Grief Disorder (opens in new tab)Recruiting at University of Virginia, Charlottesville | Phase Phase Early 1 | Sponsor University of Virginia | Status Recruiting | Started |
ClinicalTrials.gov data courtesy of the U.S. National Library of Medicine.
5. Common questions
Is psilocybin legal in Virginia?
No. Psilocybin is illegal in Virginia. It is classified as a Schedule I controlled substance by name under the Virginia Drug Control Act, Va. Code Ann. § 54.1-3446, and there is no lawful access for any purpose.
Did Virginia legalize psilocybin in 2026?
No. HB 1347 and SB 379, signed by Governor Abigail Spanberger on April 8, 2026, are trigger laws. They direct the Board of Pharmacy to reschedule an FDA-approved psilocybin formulation only after the FDA approves one and the change is published in the Federal Register. No FDA approval has occurred, so the laws have not changed psilocybin's Schedule I status and access remains prohibited.
What does HB 1347 actually do?
HB 1347 (and its companion SB 379) requires the Virginia Board of Pharmacy to reschedule a specific FDA-approved psilocybin formulation, consistent with federal scheduling changes, at its next quarterly meeting following 30 days after the FDA approval is published in the Federal Register. The statute expressly does not authorize general or recreational use, and it has no effect until the federal approval occurs.
What are the penalties for psilocybin possession in Virginia?
Because psilocybin is a Schedule I controlled substance under Va. Code Ann. § 54.1-3446, possession is a criminal offense under Virginia's controlled-substances laws, and manufacture or distribution carries more serious penalties. The specific charge and sentencing depend on the conduct and quantity involved; consult the Virginia Code and a licensed attorney for the penalties applicable to a particular situation.
Are magic mushrooms ("shrooms") legal in Virginia?
"Magic mushrooms" and "shrooms" are common names for fungi that contain psilocybin. Psilocybin is illegal in Virginia as of 01 Aug 2026. Some laws control the compound and the fungus separately, so this record states the position for psilocybin in Virginia.
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.law.lis.virginia.gov (opens in new tab) · law.lis.virginia.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.
Virginia's trigger laws are now recorded as signed on April 6, 2026, per the legislature's own bill histories.
Virginia's psilocybin trigger laws are recorded as chapters 305 and 306 and have been in force since July 1, 2026. The trigger has not fired and psilocybin stays in Schedule I.
Virginia moves from mixed to illegal. Its two trigger laws were enacted in April 2026 but stay dormant until the FDA approves a psilocybin product, and a separate bill to create an advisory council, SB 1101, was killed in the House.
Virginia: psilocybin legal status. The Psilocybin Record. Accession US-VA-001. Status as of 01 Aug 2026. https://psilocybinlegalization.com/record/virginia
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