Virginia

Illegalreviewed

Psilocybin is illegal in Virginia.1

  • Corrected and re-checked against the 2 sources cited below.

1. What the law is

Two trigger laws took effect in Virginia on July 1, 2026, and both are waiting on Washington. HB 1347 and SB 379 tell the state Board of Pharmacy to follow the federal government's lead on an FDA-approved psilocybin medicine, on a clock that starts when the federal order is published. Both acts are uncodified and neither touched the state drug schedules, so psilocybin and psilocyn stay in Schedule I at Va. Code 54.1-3446. There has been no FDA approval and the Board has not acted, so no legal access exists in Virginia today.

Psilocybin is illegal in Virginia. It is listed by name as a Schedule I hallucinogenic substance under the Virginia Drug Control Act, Va. Code Ann. § 54.1-3446, the most restrictive classification under state law. Manufacture, sale, and possession are criminal offenses, and Schedule I status reflects a substance with no currently accepted medical use under state law; there is no lawful access to psilocybin in Virginia for any purpose.

The two bills were carried by Del. Laura Jane Cohen and Sen. Jennifer Boysko, and they expressly do not authorize general or recreational use. A separate 2026 measure to establish a psychedelic advisory framework, SB 1101, passed the Senate but did not advance through the House.

2. Trials in Virginia

Interventional psilocybin trials with at least one site in Virginia, 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.

1Recruiting or opening
0Active
0Completed
0Closed
1Total

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 Closed counts trials terminated, suspended, withdrawn or left unverified by their sponsors.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 data as of Oct 2026. The table shows the one trial. This site makes no medical claims about psilocybin.
NCT06724289Psilocybin for Prolonged Grief Disorder (opens in new tab)Recruiting at University of Virginia, CharlottesvillePhase Phase Early 1Sponsor University of VirginiaStatus RecruitingStart 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.

  1. SB 1101, a separate psychedelic advisory measure, passes the Senate but does not advance through the House.

    HB 1347 passes the Virginia House of Delegates.

    Governor Abigail Spanberger signs HB 1347 and SB 379 as chapters 305 and 306, enacting trigger laws that direct the Board of Pharmacy to reschedule an FDA-approved psilocybin formulation upon federal approval.

4. Proposed laws

No proposed law is on file in Virginia that would change this entry, as of the 28 Sep 2026 review.

5. Common questions

Is psilocybin legal in Virginia?

No. Psilocybin is illegal in Virginia. It is classified as a Schedule I controlled substance by name under the Virginia Drug Control Act, Va. Code Ann. § 54.1-3446, and there is no lawful access for any purpose.

Did Virginia legalize psilocybin in 2026?

No. HB 1347 and SB 379, signed by Governor Abigail Spanberger on April 8, 2026, are trigger laws. They direct the Board of Pharmacy to reschedule an FDA-approved psilocybin formulation only after the FDA approves one and the change is published in the Federal Register. No FDA approval has occurred, so the laws have not changed psilocybin's Schedule I status and access remains prohibited.

What does HB 1347 actually do?

HB 1347 (and its companion SB 379) requires the Virginia Board of Pharmacy to reschedule a specific FDA-approved psilocybin formulation, consistent with federal scheduling changes, at its next quarterly meeting following 30 days after the FDA approval is published in the Federal Register. The statute expressly does not authorize general or recreational use, and it has no effect until the federal approval occurs.

What are the penalties for psilocybin possession in Virginia?

Because psilocybin is a Schedule I controlled substance under Va. Code Ann. § 54.1-3446, possession is a criminal offense under Virginia's controlled-substances laws, and manufacture or distribution carries more serious penalties. The specific charge and sentencing depend on the conduct and quantity involved; consult the Virginia Code and a licensed attorney for the penalties applicable to a particular situation.

Are magic mushrooms ("shrooms") legal in 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 Virginia.

Read the law

HB 1347 / SB 379 (2026), chapters 305 and 306 of the 2026 Acts of Assembly (uncodified): enacted trigger laws: require the Board of Pharmacy to reschedule an FDA-approved psilocybin formulation consistent with federal scheduling changes, at the Board's next quarterly meeting following 30 days from publication of the federal order in the Federal Register; signed by Gov. Abigail Spanberger on April 6, 2026, in force July 1, 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. 1.law.lis.virginia.gov (opens in new tab) · law.lis.virginia.gov
  2. 2.Marijuana Moment.Marijuana Moment (opens in new tab) · marijuanamoment.net

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

4 changes on file, the latest on . Show all

Every change we have made to this record, dated, corrections included. Nothing changes silently.

  1. Review confirmed

    Virginia's two trigger laws were re-read on 28 September 2026 and nothing has fired. No federal order has been published for them to act on, and psilocybin is still listed in Schedule I.

  2. Correction

    Virginia's trigger laws are now recorded as signed on April 6, 2026, per the legislature's own bill histories.

  3. Correction

    Virginia's psilocybin trigger laws are recorded as chapters 305 and 306 and have been in force since July 1, 2026. The trigger has not fired and psilocybin stays in Schedule I.

  4. Correction

    Virginia moves from mixed to illegal. Its two trigger laws were enacted in April 2026 but stay dormant until the FDA approves a psilocybin product, and a separate bill to create an advisory council, SB 1101, was killed in the House.

Cite this recordUS-VA-001

Psilocybin Media Group. "Virginia: psilocybin legal status." The Psilocybin Record, accession US-VA-001, version of 28 Sep 2026. https://psilocybinlegalization.com/record/virginia

Record 96 of 100 · Last reviewed US-VA-001