1. What the law is
SB 2064 (2025) placed one psilocybin product, the crystalline polymorph COMP360, in Schedule IV at N.D.C.C. 19-03.1-11(7). Generic psilocybin and psilocyn are Schedule I in North Dakota, unchanged as of 2026.
Psilocybin is illegal in North Dakota. It is classified as a Schedule I controlled substance under the North Dakota Uniform Controlled Substances Act at North Dakota Century Code section 19-03.1-05, the schedule reserved for substances the legislature has found to have a high potential for abuse and no accepted medical use in treatment. Under North Dakota Century Code section 19-03.1-23, manufacture, delivery, or possession with intent to deliver a Schedule I substance is a class B felony, and simple possession is separately penalized. No North Dakota law authorizes the supervised, medical, or recreational use of psilocybin as of June 2026.
Psilocybin and psilocyn have been listed among the hallucinogenic substances in North Dakota's Schedule I since the state adopted the Uniform Controlled Substances Act, mirroring the federal Controlled Substances Act. The North Dakota Legislative Assembly has not enacted any decriminalization, legalization, or therapeutic-access program for psilocybin. The one psilocybin-specific measure to become law is Senate Bill 2064, enacted by the 69th Legislative Assembly and signed by the Governor on March 26, 2025, which amended sections 19-03.1-05, 19-03.1-09, and 19-03.1-11. At the request of the State Board of Pharmacy, SB 2064 places the crystalline polymorph psilocybin pharmaceutical composition known as COMP360 into Schedule IV, but that classification is conditioned on approval of the product by the United States Food and Drug Administration. Because the FDA has not approved any psilocybin drug product, no such product exists in lawful distribution, and psilocybin in all other forms remains a Schedule I substance. SB 2064 therefore creates a contingent, FDA-gated pathway and confers no present legal access to psilocybin in North Dakota.
2. History
The legal events behind this entry, dated and oldest first. Our own reviews and corrections are listed under Changes to this record.
Governor signs Senate Bill 2064 (69th Legislative Assembly), amending NDCC 19-03.1-05, 19-03.1-09, and 19-03.1-11 to place FDA-approved crystalline polymorph psilocybin (COMP360) in Schedule IV; the classification is contingent on FDA approval, which has not occurred.
Psilocybin remains a Schedule I controlled substance under NDCC 19-03.1-05; North Dakota has enacted no decriminalization, legalization, or psilocybin-access program.
3. Proposed laws
No proposed law is on file in North Dakota that would change this entry, as of the 18 Aug 2026 review.
4. Common questions
Is psilocybin legal in North Dakota?
No. Psilocybin is a Schedule I controlled substance under North Dakota Century Code section 19-03.1-05. North Dakota has not decriminalized or legalized psilocybin, and no state law authorizes its medical or recreational use as of June 2026.
What is the penalty for psilocybin possession in North Dakota?
Psilocybin is a Schedule I substance. Under North Dakota Century Code section 19-03.1-23, manufacture, delivery, or possession with intent to deliver a Schedule I controlled substance (other than marijuana) is a class B felony, with simple possession penalized separately. Specific charges and penalties depend on the facts and are determined by prosecutors and the courts.
Did North Dakota Senate Bill 2064 legalize psilocybin?
No. SB 2064, signed March 26, 2025, places the FDA-approved crystalline polymorph psilocybin product known as COMP360 into Schedule IV, but only if and when the U.S. Food and Drug Administration approves that product. Because no psilocybin product has FDA approval, the provision is not yet operative and psilocybin remains a Schedule I substance with no legal access.
Is psilocybin decriminalized anywhere in North Dakota?
No. No North Dakota city or county has decriminalized psilocybin, and the substance remains illegal statewide under North Dakota Century Code section 19-03.1-05.
Are magic mushrooms ("shrooms") legal in North Dakota?
"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 North Dakota.
Read the law
N.D.C.C. § 19-03.1-05(5)(l) (Schedule I: Psilocybin) and § 19-03.1-05(5)(p)(11) (Schedule I: Psilocyn). Nuance: § 19-03.1-11(7) places pharmaceutical COMP360 (crystalline polymorph psilocybin) in Schedule IV per SB 2064 (2025); generic psilocybin/psilocyn remain Schedule I.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.ndlegis.gov (opens in new tab) · ndlegis.gov
- 2.ndlegis.gov (opens in new tab) · ndlegis.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. "North Dakota: psilocybin legal status." The Psilocybin Record, accession US-ND-001, version of 23 Aug 2026. https://psilocybinlegalization.com/record/north-dakota