Delaware

1. 1What the law is

Delaware keeps psilocybin and psilocyn in Schedule I. The legislature has enacted no reform as of 2026.

Schedule I in Delaware is defined at Del. Code Ann. tit. 16, Section 4714(d), and psilocybin and psilocin are both on the hallucinogen list there. It is the most restrictive class the Delaware Uniform Controlled Substances Act defines. Chapter 47 of Title 16 supplies the penalties for possessing, manufacturing or delivering it without authorization. No Delaware statute authorized medical, therapeutic or decriminalized use as of 2026.

Delaware classifies psilocybin and psilocin as Schedule I controlled substances through § 4714 of Title 16, and the legislature has not enacted any reform measure changing that status. As of 2026, no Delaware statute creates a regulated psilocybin program, a decriminalization framework, or a study task force, and the substance remains illegal statewide with no current legal access of any kind. Delaware has not adopted the kind of supervised-use or decriminalization legislation enacted in states such as Oregon or Colorado, and any future change would require an amendment to the Uniform Controlled Substances Act or separate enabling legislation passed by the General Assembly and signed by the Governor.

2. 2History

The legal events behind this entry, dated and oldest first. Our own reviews and corrections are listed under Changes to this record.

1. 1972

   Delaware enacts the Uniform Controlled Substances Act (Title 16, Chapter 47), establishing Schedule I and listing hallucinogenic substances.

2. 2026

   Psilocybin and psilocin remain Schedule I substances under Del. Code Ann. tit. 16, § 4714(d); no psilocybin reform legislation has been enacted.

3. 3Proposed laws

No proposed law is on file in Delaware that would change this entry, as of the 18 Aug 2026 review.

4. 4Common questions