One federal law, fifty-one answers.
Federal law applies in every state
Under federal law, psilocybin is illegal everywhere in the United States, including in states that license their own psilocybin programs. It has been a Schedule I controlled substance, the most restrictive federal category, since 1971.
In motion: 10 federal actions recorded in 2026, one executive order and nine agency actions. None of them changed the legal status of psilocybin.
States can
- Write their own criminal laws, and choose not to prosecute
- License programs, as Oregon and Colorado have
States cannot
- Shield anyone from federal law
- Approve psilocybin as a prescription medicine
Nearest date: 14 Sep 2026, the Food and Drug Administration hearing on the possible future medical use of psychedelic drugs.
- Legal2
- Medical use1
- Decriminalized5
- Mixed6
- Illegal37
What changed this year?
This year across the states, newest first. A correction means our reading changed, not the law.
New Mexico has opened applications for psilocybin testing laboratories. The Department of Health said on 5 October 2026 that its online portal for laboratory permits is open, under the producer and laboratory rule that took effect in June. A laboratory permit is for testing psilocybin grown for the programme. It does not let anyone treat a patient, because the rule that would enroll patients and certify clinicians is still a proposal.
Portland's City Council voted on 30 September 2026 to make the personal, non-commercial use of natural psychedelics, including psilocybin mushrooms, a low priority for law enforcement. The ordinance takes effect on 30 October 2026, excludes peyote and allows no sales. Oregon state law is unchanged.
Oregon will not raise psilocybin licence fees after all. On 22 September 2026 the Oregon Health Authority said it is dropping the rulemaking that proposed doubling the main licence fees from 1 January 2027 and will not adopt the increases, so the fees businesses pay today stay as they are. The changes in that package that had nothing to do with fees go into a new rulemaking the authority plans to start in the coming weeks, aiming for them to take effect on 15 January 2027. Oregon's legal status is unchanged.
New Mexico has issued its first psilocybin producer permit. The Department of Health said on 18 September 2026 that it has permitted Sacred Alto Spores, that the grower is starting operations, and that it expects to open laboratory permit applications shortly. A permitted grower may only supply practitioners and healing centers once those are certified, and the rule that would certify them is still a proposal going to public hearing on 2 October 2026. No patient can be treated under the programme yet.
Oregon's proposed rule text now puts figures on the fee increase. A facilitator licence would cost $4,000 a year, up from $2,000, service center and manufacturer licences would double to $20,000, and a worker permit would go from $25 to $200, while the reduced fees now available to nonprofits, veterans and applicants on public benefits would be removed. The state's filed notice says the increases would take effect on 1 January 2027, with laboratories paying the higher fee only from 2029, and it expects the change may shrink the number of licensees. Nothing is final until Oregon adopts the rules, and written comments close on 21 September 2026.
Colorado's Natural Medicine Division has opened rulemaking to carry out House Bill 26-1325, with a stakeholder meeting on 30 September and a final hearing on 4 November 2026, when written comments also close. The proposed topics include temporary premises permits, limited sales licences and testing waivers. The Division also confirms that its emergency rules of 12 August created a limited sales licence for healing centers, and the application form is now available.
Oregon's psilocybin and medical marijuana programmes are now one section of the state health authority. On 1 September 2026 the Oregon Health Authority merged Oregon Psilocybin Services and the Oregon Medical Marijuana Program into a Medical Cannabis & Psilocybin section led by the psilocybin programme's existing manager, and the state says services and processes carry on without disruption while forms and web pages take the new name over the coming months.
Oregon took public comment on a petition to change the rule that governs how psilocybin facilitator training programmes get their curriculum approved. The comment period closed on 29 August 2026. This is a separate track from the state's larger annual rule changes.
Every state, one line each
All fifty states and DC: the current standing, the date it last changed, and whether anything is pending. Open a state for the statute, the sources, and the history.
- AlabamaAlabama lists psilocybin and psilocyn in Schedule I at Ala. Code 20-2-23(b)(3).
- AlaskaA task force created by House Bill 228 told Alaska's legislature to wait.pending legislation on the record
- ArizonaArizona has a psilocybin prescription law that does nothing yet.pending legislation on the record
- ArkansasArkansas schedules psilocybin and psilocyn at items 28 and 29. The legislature has passed no reform through 2026.
- CaliforniaSix California cities have told their police to treat psilocybin as a low enforcement priority.pending legislation on the record
- ColoradoAdults 21 and older in Colorado may possess, cultivate and share psilocybin for personal use.
- ConnecticutConnecticut runs a psilocybin pilot, open to adults 18 and older who enroll in an FDA-approved research program at a…pending legislation on the record
- DelawareDelaware keeps psilocybin and psilocyn in Schedule I. The legislature has enacted no reform as of 2026.
- FloridaPossession is a third-degree felony in Florida, and the law reaches back a step further than the mushroom.
- GeorgiaTwo psychedelic laws passed in Georgia in 2026 and neither of them opens a door.
- HawaiiEvery psychedelics measure Hawaii has produced so far is a study, not an access route.
- IdahoSpores and mycelium are scheduled in Idaho alongside psilocybin and psilocyn. Nothing enacted has changed that by 2026.
- IllinoisEven a study bill has stalled in Illinois. SB 2772 would create a Psilocybin Advisory Board to make recommendations on…pending legislation on the record
- IndianaIndiana pays for psilocybin research and gives nobody access to the drug.pending legislation on the record
- IowaIowa's medical psilocybin bill cleared the House and then ran out of session.
- KansasA Kansas bill won a favorable committee report and then died without a floor vote.
- KentuckyA veto override in April 2026 put state money into psychedelic research, and none of it reaches psilocybin.
- LouisianaLouisiana's psychedelic therapy law passed 35-0 in the Senate and 97-0 in the House, and the governor never signed it.
- MaineA one-vote House margin was not enough. LD 1034…
- MarylandMaryland has no legal route to psilocybin. It sits in Schedule I of state law, and no bill creating access has passed.
- MassachusettsMassachusetts has no statewide psilocybin law; it has eight municipal onespending legislation on the record
- MichiganSix Michigan cities and counties have deprioritized enforcement, beginning with Ann Arbor in 2020.pending legislation on the record
- MinnesotaThe only psilocybin language Minnesota enacted in 2026 is buried in a cannabis act.pending legislation on the record
- MississippiIf the FDA ever approves a psilocybin medicine, Mississippi has already written what happens next.
- MissouriA psilocybin bill passed the Missouri House 137-11 in April 2026 and then went quiet.
- MontanaNothing can advance in Montana this year, because the legislature meets only in odd-numbered years.
- NebraskaNebraska exempts an FDA-approved psilocybin formulation from Schedule I. None exists, and no reform has passed by 2026.
- NevadaNevada commissioned advice and then left it there. SB 242 (2023) created a Psychedelic Medicines Working Grouppending legislation on the record
- New HampshireThe pattern in New Hampshire is a House that moves and a Senate that does not.
- New JerseyNew Jersey's pilot puts psilocybin therapy inside hospitals.
- New MexicoNew Mexico passed its medical psilocybin law in 2025, then began building the program from the supply end.
- New YorkFour access bills are before the 2025-2026 session, and not one has had a committee vote.pending legislation on the record
- North CarolinaA procedural deadline ended North Carolina's only psychedelics bill.pending legislation on the record
- North DakotaSB 2064 (2025) placed one psilocybin product, the crystalline polymorph COMP360, in Schedule IV at N.D.C.C.
- OhioNo Ohio city has decriminalized psilocybin, and the state has enacted nothing either.pending legislation on the record
- OklahomaThe 2026 session produced a psychedelics law that never mentions psilocybin.pending legislation on the record
- OregonLicensed service centers have been running in Oregon since 2023
- PennsylvaniaNeither bill before the Pennsylvania General Assembly would open a route on its own; both would follow Washington.pending legislation on the record
- Rhode IslandRhode Island's psilocybin bills keep arriving and keep not landing.pending legislation on the record
- South CarolinaSouth Carolina names psilocybin and psilocyn in its own Schedule I, at section 44-53-190 of the state code.
- South DakotaSouth Dakota has already written the exception. HB 1099 moved an FDA-approved psilocybin drug product out of Schedule I…
- TennesseeNobody filed a psilocybin bill in Tennessee's 114th General Assembly.
- TexasTexas put $50 million into psychedelic research and none of it into access.
- UtahUtah's psilocybin route runs through hospitals, and only certain ones.pending legislation on the record
- VermontThe advisory group Vermont created to study psychedelic-assisted therapy told the state it was not ready.pending legislation on the record
- VirginiaTwo trigger laws took effect in Virginia on July 1, 2026, and both are waiting on Washington.
- WashingtonGovernor Inslee signed the psilocybin pilot and vetoed its machinery.
- Washington, DCInitiative 81 passed with 76% of the vote in November 2020, and it did not legalize anything.
- West VirginiaNothing turns on West Virginia's psilocybin law until the FDA acts.
- WisconsinTwo paragraphs of Wis. Stat. 961.14(4) do the work: one lists psilocybin, the next psilocin
- WyomingWyoming keeps psilocybin and psilocyn in Schedule I, at section 35-7-1014 of the state statutes
Could you join a trial here?
Where US psilocybin trials stand, state by state. Start from your condition to see what is enrolling.
And 26 more jurisdictions hold trials.
Closed covers trials terminated, suspended, withdrawn or left unverified. Every row’s four figures add to its own total; a trial with sites in several jurisdictions counts in each, so the place totals do not add to the register’s.
Track changes to psilocybin law.
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