1. What the law is
Nebraska exempts an FDA-approved psilocybin formulation from Schedule I. None exists, and no reform has passed by 2026.
Is psilocybin legal in Nebraska? No. Psilocybin (and psilocin) is a Schedule I controlled substance under the Nebraska Uniform Controlled Substances Act, Neb. Rev. Stat. § 28-405, and is illegal to possess, manufacture, or distribute. Possession is prosecuted under Neb. Rev. Stat. § 28-416 as a Class IV felony, while manufacture or distribution is a Class II felony. As of June 2026, Nebraska has enacted no statute decriminalizing or authorizing any therapeutic or supervised use of psilocybin.
Nebraska lists psilocybin and psilocin among the hallucinogenic substances in Schedule I of Neb. Rev. Stat. § 28-405, the schedule reserved under state law for substances with no accepted medical use and a high potential for abuse. The statute carves out only 'any pharmaceutical composition of crystalline polymorph psilocybin approved by the federal Food and Drug Administration,' meaning any change in legal status for an FDA-approved product would flow from federal approval rather than a state reform measure. No bill decriminalizing psilocybin, establishing a regulated therapeutic-access program, or creating a study task force has been enacted by the Nebraska Legislature as of June 2026, and the substance remains fully illegal under state law. Because Nebraska has no decriminalization measure, possession remains an arrestable, charge-eligible offense statewide with no enforcement-deprioritization policy in effect.
2. Trials in Nebraska
Interventional psilocybin trials with at least one site in Nebraska, as their sponsors filed them with ClinicalTrials.gov, EU CTIS and ISRCTN. Each row links to the registry record, which sets out who may take part.
Recruiting or opening counts trials recruiting now, not yet recruiting, or enrolling by invitation. Closed counts trials terminated, suspended, withdrawn or left unverified by their sponsors.
| Registry ID | Trial | Phase | Sponsor | Status | Start date |
|---|---|---|---|---|---|
| NCT07570654 | Redefine Study: A Study Evaluating the Efficacy, Safety, and Tolerability of COMP360 in Participants With Post-traumatic Stress Disorder (opens in new tab)Recruiting at NE, Lincoln | Phase Phase 2/3 | Sponsor COMPASS Pathways | Status Recruiting | Start date |
| NCT07516405 | Safety and Tolerability Trial of Psilocybin in Healthy Older Adults (opens in new tab)Recruiting at University of Nebraska Medical Center, Omaha | Phase Phase 1 | Sponsor University of Colorado, Denver | Status Recruiting | Start date |
| NCT06308653 | Psilocybin for Major Depressive Disorder (MDD) (opens in new tab)Site at VA Nebraska Western Iowa Health Care System, Omaha | Phase Phase 3 | Sponsor Usona Institute | Status Active, not recruiting | Start date |
| NCT05220046 | Palliadelic Treatment to Reduce Psychological Distress in Persons With Advanced Gastrointestinal Cancers (opens in new tab)Site at University of Nebraska Medical Center, Omaha | Phase Phase 1 | Sponsor University of Nebraska | Status Completed | Start date |
| NCT05711940 | Efficacy, Safety, and Tolerability of Two Administrations of COMP360 in Participants With TRD (opens in new tab)Site at Alivation Research, LLC., Lincoln | Phase Phase 3 | Sponsor COMPASS Pathways | Status Active, not recruiting | Start date |
| NCT05624268 | Efficacy, Safety, and Tolerability of COMP360 in Participants With TRD (opens in new tab)Site at Alivation Research, LLC., Lincoln | Phase Phase 3 | Sponsor COMPASS Pathways | Status Completed | Start date |
ClinicalTrials.gov data courtesy of the U.S. National Library of Medicine.
3. History
The legal events behind this entry, dated and oldest first. Our own reviews and corrections are listed under Changes to this record.
Nebraska enacts the Uniform Controlled Substances Act (Neb. Rev. Stat. §§ 28-401 et seq.), establishing the drug schedules codified in § 28-405.
Psilocybin and psilocin remain Schedule I controlled substances under Neb. Rev. Stat. § 28-405; no reform, decriminalization, or therapeutic-access legislation has been enacted.
4. Proposed laws
No proposed law is on file in Nebraska that would change this entry, as of the 18 Aug 2026 review.
5. Common questions
Is psilocybin legal in Nebraska?
No. Psilocybin and psilocin are Schedule I controlled substances under the Nebraska Uniform Controlled Substances Act, Neb. Rev. Stat. § 28-405, and remain illegal to possess, manufacture, or distribute as of June 2026.
Has Nebraska decriminalized psilocybin?
No. Nebraska has not enacted any measure decriminalizing psilocybin. Possession remains a charge-eligible criminal offense statewide, and no jurisdiction in the state has adopted an enforcement-deprioritization policy.
What are the penalties for psilocybin possession in Nebraska?
Under Neb. Rev. Stat. § 28-416, possession of a Schedule I controlled substance such as psilocybin is generally a Class IV felony, and manufacture, distribution, or possession with intent to distribute is a Class II felony. Penalty exposure depends on the specific charge and circumstances; this is general legal information, not legal advice.
Does Nebraska have a medical or therapeutic psilocybin program?
No. Nebraska law provides no therapeutic, medical, or supervised-use access to psilocybin. The only exception in Neb. Rev. Stat. § 28-405 is for an FDA-approved pharmaceutical composition of crystalline polymorph psilocybin, which would depend on federal approval rather than a state program.
Are magic mushrooms ("shrooms") legal in Nebraska?
"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 Nebraska.
Read the law
Neb. Rev. Stat. § 28-405 (Schedule I: (12) Psilocybin [with FDA-approved-formulation carve-out], (13) Psilocin)1
Sources
This entry's status is checked against the primary sources below, and the methodology explains how each entry is graded for confidence.
- 1.nebraskalegislature.gov (opens in new tab) · nebraskalegislature.gov
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
Nothing has needed correcting or updating since this record first published.
Psilocybin Media Group. "Nebraska: psilocybin legal status." The Psilocybin Record, accession US-NE-001, version of 23 Aug 2026. https://psilocybinlegalization.com/record/nebraska