1. What the law is
Nothing turns on West Virginia's psilocybin law until the FDA acts. SB 906, signed March 27, 2026 and effective June 12, 2026, permits crystalline polymorph psilocybin to be prescribed, distributed and marketed, but only once a pharmaceutical product is approved by the FDA and rescheduled by the DEA. Neither has happened. Separately, the state's ibogaine research grant bill, HB 4626, passed both chambers unanimously and was vetoed by Governor Morrisey in April 2026.
Is psilocybin legal in West Virginia? No. Psilocybin remains a Schedule I controlled substance under West Virginia's Uniform Controlled Substances Act (W. Va. Code Chapter 60A), and its possession, distribution, and manufacture are criminal offenses. In 2026 the Legislature enacted SB 906, a trigger law signed by Governor Patrick Morrisey on March 27, 2026 and effective June 12, 2026, which permits lawful prescription, distribution, and marketing of crystalline polymorph psilocybin only if such a product is approved by the U.S. Food and Drug Administration (FDA) and rescheduled by the U.S. Drug Enforcement Administration (DEA). Because neither FDA approval nor DEA rescheduling has occurred, no legal access exists in the state at this time.
Psilocybin is classified as a Schedule I substance under West Virginia's Uniform Controlled Substances Act (W. Va. Code Chapter 60A), and it remains illegal to possess or distribute in the state today. SB 906 (2026), introduced by Senator Deeds on February 10, 2026, passed the Senate on February 27 and the House on March 14 before Governor Morrisey signed it on March 27, 2026; it took effect June 12, 2026. The statute is a contingent trigger law: its provisions authorizing the lawful prescription, distribution, and marketing of crystalline polymorph psilocybin become operative only upon FDA approval of such a product and DEA rescheduling out of Schedule I. Neither contingency has been satisfied, so SB 906 creates no current legal pathway to obtain or use psilocybin. Separately, HB 4626 (2026), a bill to fund ibogaine research grants, passed both chambers but was vetoed by Governor Morrisey in April 2026, and other measures introduced during the 2026 session did not become law.
2. History
The legal events behind this entry, dated and oldest first. Our own reviews and corrections are listed under Changes to this record.
SB 906 introduced in the West Virginia Senate by Senator Deeds and referred to the Senate Health and Human Resources Committee.
SB 906 passed the West Virginia Senate.
SB 906 passed the West Virginia House of Delegates following committee markup and floor amendments.
Governor Patrick Morrisey approved SB 906.
Governor Morrisey vetoed HB 4626, the ibogaine research grant bill, which had passed both chambers.
SB 906 took effect; its psilocybin prescription provisions remain dormant pending FDA approval and DEA rescheduling.
3. Proposed laws
No proposed law is on file in West Virginia that would change this entry, as of the 28 Jul 2026 review.
4. Common questions
Is psilocybin legal in West Virginia?
No. Psilocybin is a Schedule I controlled substance under West Virginia's Uniform Controlled Substances Act (W. Va. Code Chapter 60A), and its possession, distribution, and manufacture are criminal offenses. SB 906 (2026) is a trigger law that would permit lawful prescription only after FDA approval and DEA rescheduling, neither of which has occurred.
What does SB 906 do?
SB 906, signed by Governor Patrick Morrisey on March 27, 2026 and effective June 12, 2026, is a contingent trigger law. It permits the lawful prescription, distribution, and marketing of crystalline polymorph psilocybin, but only if such a product is approved by the U.S. Food and Drug Administration and rescheduled out of Schedule I by the U.S. Drug Enforcement Administration. Until both conditions are met, its access provisions are inactive.
Does SB 906 create legal access to psilocybin in West Virginia now?
No. SB 906 is in effect as a statute, but its provisions authorizing prescription and distribution are dormant. They activate only upon FDA approval of a crystalline polymorph psilocybin product and DEA rescheduling. Neither has happened, so there is no current legal pathway to obtain psilocybin in the state.
Is there a medical psilocybin program in West Virginia?
No operational medical psilocybin program exists. SB 906 is a conditional trigger law tied to future federal FDA and DEA action rather than an active state program. The state's separate ibogaine research grant bill, HB 4626, passed both chambers but was vetoed by Governor Morrisey in April 2026.
What are the penalties for psilocybin possession in West Virginia?
Because psilocybin is a Schedule I controlled substance under W. Va. Code Chapter 60A, unauthorized possession, distribution, and manufacture are subject to the criminal penalties set out in that chapter. This page is a reference summary and not legal advice; consult a licensed West Virginia attorney for guidance on any specific situation.
Are magic mushrooms ("shrooms") legal in West Virginia?
"Magic mushrooms" and "shrooms" are common names for fungi that contain psilocybin, and this entry states the law on psilocybin itself, which some laws treat separately from the fungus. Psilocybin is illegal in West Virginia.
Read the law
SB 906 (2026): enacted trigger law: permits lawful prescription, distribution, and marketing of crystalline polymorph psilocybin if FDA-approved and DEA-rescheduled; signed by Gov. Patrick Morrisey March 27, 2026, effective June 12, 20261
Sources
This entry's status is checked against the primary sources below, and the methodology explains how each entry is graded for confidence.
- 1.wvlegislature.gov (opens in new tab) · wvlegislature.gov
- 2.wvva.com (opens in new tab) · wvva.com
This entry is for information only and is not legal or medical advice. Laws change, and enforcement can differ from the letter of the law, so check the current position against the primary sources above before relying on it.
Changes to this record
2 changes on file, the latest on . Show allHide
Every change we have made to this record, dated, corrections included. Nothing changes silently.
West Virginia's pending bill list is cleared. HB 4626 was vetoed and SB 906 is already enacted as the state's trigger law.
West Virginia had been recorded as mixed. SB 906 is enacted but does nothing until the FDA acts, HB 4626 was vetoed, and a third bill had been listed under the wrong number, so the status moved to illegal.
Psilocybin Media Group. "West Virginia: psilocybin legal status." The Psilocybin Record, accession US-WV-001, version of 23 Aug 2026. https://psilocybinlegalization.com/record/west-virginia