Legal Reference

Are psilocybin mushrooms legal?

A state-by-state tracker. Last updated 2026-04-11.

The short answer is that psilocybin is federally illegal in the United States under the Controlled Substances Act. The longer answer is that the state-level picture changes monthly, with regulated therapy programs in two states, personal-use decriminalization in a handful of jurisdictions, and pending legislation in many more. This page tracks where each state currently stands. It is reference material, not legal advice.

The current picture

Regulated Program

Decriminalized

Mixed (cities only)

Illegal

Regulated Program — state has authorized and launched a psilocybin services or therapy program.

Decriminalized — personal possession is statewide decriminalized (not commercial legal).

Mixed — one or more cities have decriminalized; state law unchanged.

Illegal — state law mirrors federal Schedule I; possession is a criminal offense.

Federal status (applies everywhere)

Psilocybin is listed in Schedule I of the federal Controlled Substances Act. Schedule I means the DEA classifies the substance as having "no currently accepted medical use and a high potential for abuse." Federal possession, sale, and cultivation are criminal offenses and the federal charges stand independently of state decriminalization.

In practice, federal enforcement against personal possession of psilocybin mushrooms is rare; the DEA almost exclusively prosecutes larger distribution cases. But rare is not the same as impossible. The fact that your state or city has decriminalized does not mean federal law has.

The FDA has granted "breakthrough therapy" designation to psilocybin-assisted therapy for treatment-resistant depression (2018) and major depressive disorder (2019), which accelerates the clinical trial path but does not reschedule the drug. Rescheduling would require either DEA action or an act of Congress, neither of which has occurred as of April 2026.

Where the action is

Regulated Programs (2)

Oregon — Measure 109 (2020) created the first state-regulated psilocybin services program. Licensed facilitators began operating in 2023 under the Oregon Health Authority, and by mid-2025 there were roughly 370 licensed facilitators statewide. Typical sessions cost $1,200–$3,500 and are available to adults 21+, residency not required.

Colorado — Proposition 122 (2022) decriminalized personal possession and created a separate regulated healing-center program. SB 23-290 (2023) implemented the details, and facilitator licensing opened in December 2024. More flexible training pathways and broader inclusion of traditional practices than Oregon, with both standard healing centers and smaller "micro-healing centers" authorized.

Statewide Decriminalized (1)

District of Columbia — Initiative 81 (2020) made enforcement against entheogenic plant possession the lowest priority for D.C. police. Personal use is deprioritized, not legalized; federal law still applies. D.C.'s unique federal district status adds complication.

Cities That Have Decriminalized

Denver was the first US city to decriminalize psilocybin possession (May 2019), followed within weeks by Oakland (June 2019) — both by voter initiative and city council resolution respectively. Since then, a growing list of jurisdictions in California, Massachusetts, Michigan, Washington, and elsewhere have passed similar deprioritization measures. The exact legal effect varies — most are resolutions, not binding ordinances, and state and federal law still apply.

State by state

Click any state for the full summary. Status colors match the legend above.

Alabama Illegal

Summary: Psilocybin is a Schedule I substance under Alabama state law. No pending decriminalization legislation.

Alabama classifies psilocybin alongside other Schedule I controlled substances. Possession, sale, and cultivation are criminal offenses. No municipalities within Alabama have decriminalized personal use.
Alaska Illegal

Summary: Schedule IIIA under state law. No decriminalization, no therapy program.

Alaska schedules psilocybin as a controlled substance. A 2022 legislative study commissioned to examine psychedelic policy has not produced decriminalization action. Personal possession remains a criminal offense.
Arizona Illegal

Summary: Schedule I under state law. Research funding authorized but no decrim.

Arizona allocated state funds for psilocybin clinical research in 2023, but personal possession remains a criminal offense. The research funding applies to university-led studies under DEA Schedule I protocols.
Arkansas Illegal

Summary: Schedule VI under state law. No pending reform.

Arkansas classifies psilocybin as a Schedule VI controlled substance. No decriminalization bills have advanced in the state legislature. No municipalities have decriminalized.
California Mixed (cities only)

Summary: State decriminalization bills have been repeatedly vetoed. Several cities have decriminalized personal use.

SB 519 (2021-2022), introduced by Sen. Scott Wiener, passed the state Senate but was stripped of its decriminalization provisions through committee amendments and did not advance. SB 58 (2023), a narrower alternative covering only certain plant psychedelics, passed the legislature and was vetoed by Governor Newsom in October 2023 for lack of a therapeutic regulatory framework. Oakland (2019, the second US city to decriminalize after Denver), Santa Cruz, Arcata, Berkeley, San Francisco, and several smaller cities have passed resolutions deprioritizing enforcement against personal use or cultivation of psilocybin mushrooms. State-level possession remains a criminal offense despite local deprioritization.

Key citation: SB 58 (vetoed); Oakland Resolution 87731; Santa Cruz Resolution NS-29,596
Colorado Regulated Program

Summary: Natural Medicine Health Act (2022) decriminalized personal use and created a state therapy program.

Proposition 122 passed in November 2022, decriminalizing personal possession, cultivation, and gifting of psilocybin, psilocyn, DMT, ibogaine, and mescaline for adults 21+. The act also created the Natural Medicine Health Division within the Department of Regulatory Agencies to oversee a regulated healing-center program that began accepting applications in early 2025. Personal use outside the therapy program is decriminalized but not commercially legal — possession is a civil infraction, not a criminal offense.

Key citation: C.R.S. § 12-170-101 et seq. (Natural Medicine Health Act)
Connecticut Illegal

Summary: Schedule I under state law. A therapy pilot study was authorized but decriminalization did not advance.

Connecticut authorized a psilocybin therapy pilot study in 2022 and appropriated modest research funding in 2024. Personal possession remains a criminal offense and no municipalities have decriminalized.
Delaware Illegal

Summary: Schedule I under state law. No pending reform.

Delaware classifies psilocybin as a Schedule I controlled substance. No decriminalization legislation has advanced.
District of Columbia Decriminalized

Summary: Initiative 81 (2020) decriminalized non-commercial entheogenic plants including psilocybin mushrooms.

D.C. Initiative 81, approved by voters in November 2020, made investigation and arrest of adults for non-commercial possession, cultivation, or distribution of entheogenic plants (including psilocybin mushrooms) the lowest law enforcement priority. The initiative does not create a regulated therapy program, nor does it legalize commercial sale. Personal possession is deprioritized but not technically legal — federal law still applies, and D.C. has a unique status as a federal district.

Key citation: D.C. Initiative 81 (2020)
Florida Illegal

Summary: Schedule I under state law. No pending reform; recent legislative activity has moved in the opposite direction.

Florida has classified psilocybin as a Schedule I substance. Recent legislative activity has focused on tightening rather than loosening drug laws. No municipalities have decriminalized.
Georgia Illegal

Summary: Schedule I under state law. No pending reform.

Georgia follows federal Schedule I classification for psilocybin. No decriminalization activity at state or municipal level.
Hawaii Illegal

Summary: Schedule I under state law. Decriminalization bills have been introduced but not passed.

Multiple decriminalization bills have been introduced in the Hawaii legislature (2020-2024) but none have passed. A 2022 therapy pilot bill reached committee stage. Personal possession remains a criminal offense.
Idaho Illegal

Summary: Schedule I under state law. No reform activity.

Idaho classifies psilocybin as a Schedule I substance with no pending legislative reform.
Illinois Illegal

Summary: Schedule I under state law. Recent therapy legalization bill did not advance.

HB 1, the CURE Act (2023), would have legalized supervised psilocybin therapy for adults 21+ but did not advance out of committee. Personal possession remains a criminal offense. No municipalities have decriminalized.
Indiana Illegal

Summary: Schedule I under state law. No reform activity.

Indiana classifies psilocybin as a Schedule I controlled substance. No decriminalization legislation has advanced.
Iowa Illegal

Summary: Schedule I under state law. No reform activity.

Iowa follows federal Schedule I classification. No state or municipal decriminalization.
Kansas Illegal

Summary: Schedule I under state law. No reform activity.

Kansas classifies psilocybin as a Schedule I substance. No decriminalization activity.
Kentucky Illegal

Summary: Schedule I under state law. No reform activity.

Kentucky follows federal Schedule I classification with no pending reform.
Louisiana Illegal

Summary: Schedule I under state law. No reform activity.

Louisiana classifies psilocybin as a Schedule I substance.
Maine Illegal

Summary: Schedule Z under state law. Decriminalization and therapy bills have been introduced but not passed.

Multiple psilocybin reform bills have been introduced in the Maine legislature since 2021, including both a decriminalization bill and a state therapy program bill. Neither has advanced out of committee. Personal possession remains a criminal offense.
Maryland Illegal

Summary: Schedule I under state law. State-funded research authorized for veterans and first responders.

Maryland authorized state funding in 2023 for psilocybin and MDMA research specifically for military veterans, first responders, and retired athletes with PTSD. The program operates within DEA Schedule I research protocols. Personal possession remains a criminal offense.
Massachusetts Mixed (cities only)

Summary: Several cities have decriminalized; a statewide ballot initiative was defeated in 2024.

Somerville, Cambridge, Northampton, Easthampton, Amherst, Salem, and Medford have passed resolutions deprioritizing psilocybin enforcement. Question 4, a statewide ballot initiative to legalize regulated psilocybin therapy, was defeated by voters in November 2024 (56% against). State-level possession remains a criminal offense.

Key citation: Question 4 (2024, defeated); Somerville Resolution 2020-225
Michigan Mixed (cities only)

Summary: Ann Arbor, Detroit, Hazel Park, and several other cities have decriminalized. State law unchanged.

Ann Arbor (2020), Detroit (2021), Hazel Park (2021), Ferndale (2022), Pontiac (2022), and other cities have deprioritized enforcement of psilocybin possession. A state-level decriminalization bill (SB 631, 2023) has not advanced. Personal possession is a criminal offense under state law despite local deprioritization.
Minnesota Illegal

Summary: Schedule I under state law. Psychedelic task force established in 2023.

Minnesota established a legislative Psychedelic Medicine Task Force in 2023 to study policy options. The task force delivered recommendations in 2024 but no decriminalization legislation has passed. Personal possession remains a criminal offense.
Mississippi Illegal

Summary: Schedule I under state law. No reform activity.

Mississippi follows federal Schedule I classification for psilocybin.
Missouri Illegal

Summary: Schedule I under state law. A 2023 therapy-for-veterans bill failed to advance.

A 2023 bill to authorize psilocybin therapy specifically for military veterans did not advance. Personal possession remains a criminal offense.
Montana Illegal

Summary: Schedule I under state law. No reform activity.

Montana classifies psilocybin as a Schedule I substance.
Nebraska Illegal

Summary: Schedule I under state law. No reform activity.

Nebraska follows federal Schedule I classification.
Nevada Illegal

Summary: Schedule I under state law. Working group established but no decrim.

Nevada established a Psychedelic Medicines Working Group in 2023 to study therapy program feasibility. Personal possession remains a criminal offense.
New Hampshire Illegal

Summary: Schedule I under state law. No reform activity.

New Hampshire follows federal Schedule I classification.
New Jersey Illegal

Summary: Schedule I but reduced penalties for small-quantity possession.

New Jersey amended its drug laws in 2021 to reduce penalties for possession of up to one ounce of psilocybin from third-degree felony to disorderly persons offense. Full decriminalization has not occurred. Possession is still a criminal offense, just a lesser one.
New Mexico Illegal

Summary: Schedule I under state law. A notable 2005 court ruling on cultivation for personal use stood for years but has since been narrowed.

New Mexico's 2005 State v. Pratt ruling held that growing psilocybin mushrooms for personal use was not illegal because the statute covered the drug itself, not the fungi that produced it. Subsequent legislative amendments closed that loophole. Personal possession of mushrooms is now a criminal offense.
New York Illegal

Summary: Schedule I under state law. Therapy legalization bills in progress but not passed.

Multiple psilocybin therapy bills have been introduced in the New York State Legislature. S4794/A8929 (2023-2024 session) would establish a psilocybin therapy program. The bills have passed committee but not reached floor votes. Personal possession remains a criminal offense.
North Carolina Illegal

Summary: Schedule I under state law. No reform activity.

North Carolina follows federal Schedule I classification.
North Dakota Illegal

Summary: Schedule I under state law. No reform activity.

North Dakota classifies psilocybin as a Schedule I substance.
Ohio Illegal

Summary: Schedule I under state law. No reform activity.

Ohio follows federal Schedule I classification.
Oklahoma Illegal

Summary: Schedule I under state law. HB 3414 (2024) directed universities to study psychedelics but did not decriminalize.

Oklahoma House Bill 3414 (2024) directed the University of Oklahoma and Oklahoma State University to study psychedelic therapy for veterans. Personal possession remains a criminal offense.
Oregon Regulated Program

Summary: Measure 109 (2020) created the first state-regulated psilocybin services program. Personal possession is also decriminalized.

Measure 109 passed in November 2020 and authorized licensed psilocybin service centers where adults 21+ can consume psilocybin under the supervision of a trained facilitator. The program began licensing facilitators in 2023 under the Oregon Health Authority, and by mid-2025 there were roughly 370 licensed facilitators across the state. Typical session prices run $1,200 to $3,500, with some packages reaching $15,000 for multi-day inclusive programs. Measure 110, also passed in 2020, decriminalized personal possession of small amounts of all drugs including psilocybin, converting possession to a $100 civil violation (though significant portions of M110 were rolled back by the 2024 legislature as concerns grew about implementation). Commercial sale outside the licensed therapy program remains prohibited.

Key citation: ORS Chapter 475A (Oregon Psilocybin Services Act); Measure 109 (2020); Measure 110 (2020)
Pennsylvania Illegal

Summary: Schedule I under state law. Therapy research bill did not advance.

A 2022 bill to authorize state-funded research into psilocybin therapy did not advance. Personal possession remains a criminal offense.
Rhode Island Illegal

Summary: Schedule I under state law. Reform bills pending.

Several psilocybin reform bills have been introduced in Rhode Island (2022-2024), including therapy authorization and decriminalization proposals. None have passed. Personal possession remains a criminal offense.
South Carolina Illegal

Summary: Schedule I under state law. No reform activity.

South Carolina follows federal Schedule I classification.
South Dakota Illegal

Summary: Schedule I under state law. No reform activity.

South Dakota classifies psilocybin as a Schedule I substance.
Tennessee Illegal

Summary: Schedule I under state law. Research funding authorized for universities.

Tennessee authorized limited state funding for university-based psilocybin research in 2023. Personal possession remains a criminal offense.
Texas Illegal

Summary: Schedule I under state law. HB 1802 (2021) established a state research program for veterans with PTSD.

HB 1802, signed into law in 2021, directed Baylor College of Medicine to conduct psilocybin research specifically for military veterans with PTSD in partnership with the Texas Medical Center. The research operates within DEA Schedule I protocols. Personal possession remains a criminal offense.
Utah Illegal

Summary: Schedule I under state law. A therapy pilot bill was introduced but did not pass.

Utah has seen several unsuccessful psilocybin therapy pilot bills. Personal possession remains a criminal offense.
Vermont Illegal

Summary: Schedule I under state law. Reform bills pending.

Multiple psilocybin reform bills have been introduced in the Vermont legislature. H.371 (2023) would have decriminalized personal possession; it did not advance. Personal possession remains a criminal offense.
Virginia Illegal

Summary: Schedule I under state law. Reform bills have failed repeatedly.

Multiple decriminalization bills have been introduced in the Virginia General Assembly (2021-2024) but none have passed. Personal possession remains a criminal offense.
Washington Mixed (cities only)

Summary: Seattle and Port Townsend have decriminalized. State-level bills pending.

Seattle (2021) and Port Townsend (2021) have deprioritized psilocybin enforcement. Multiple state-level reform bills have been introduced; as of early 2026 none have passed. Personal possession remains a criminal offense under state law despite local deprioritization.
West Virginia Illegal

Summary: Schedule I under state law. No reform activity.

West Virginia follows federal Schedule I classification.
Wisconsin Illegal

Summary: Schedule I under state law. No reform activity.

Wisconsin follows federal Schedule I classification.
Wyoming Illegal

Summary: Schedule I under state law. No reform activity.

Wyoming follows federal Schedule I classification.

Common questions

If my state decriminalized, can I legally buy or sell psilocybin?

No. Decriminalization and legalization are different things. Decriminalization typically means personal possession is a civil violation rather than a criminal offense — usually with no jail time and a small fine, if any. It does not legalize commercial sale, distribution, or cultivation for sale. Only Oregon and Colorado have created regulated service programs, and those programs license facilitators, not commercial retailers.

Can I travel to Oregon or Colorado for a legal psilocybin session?

You do not need to be a resident of Oregon or Colorado to participate in their regulated programs. Both programs are open to adults 21+ who can pay the session fee. Sessions are typically held over a single day (preparation meeting → administration session → integration meeting) and require several hours on-site. Traveling home with psilocybin in your system is not illegal but traveling with the substance itself back across state lines would violate federal law.

Are psilocybin spores legal?

Psilocybin spores themselves do not contain the controlled compound — psilocybin only forms once the spores germinate into mycelium and produce fruiting bodies. In most states, possessing spores for "microscopy" purposes is not explicitly prohibited, and vendors sell them as research specimens. A few states (California, Georgia, and Idaho) do specifically prohibit psilocybin spore possession. Germinating the spores is a separate question — that step converts them into illegal substances under federal and most state law.

What about religious use?

The federal Religious Freedom Restoration Act (RFRA) has been successfully used by some religious organizations (most notably the União do Vegetal for ayahuasca) to obtain exemptions for sacramental use of Schedule I substances. A handful of psilocybin-focused religious groups have sought similar exemptions. As of April 2026, the case law is mixed and each request is evaluated individually. Claiming "religious use" is not a reliable legal defense without actual religious organization membership.

How do penalties vary for personal possession?

In states where possession is criminally prohibited, penalties range widely. Some states treat small-quantity possession as a misdemeanor with a fine and possible short jail time; others treat any amount as a felony with years-long prison terms. New Jersey reduced possession under one ounce to a disorderly-persons offense in 2021. Most federal prosecutions target distribution and manufacturing rather than personal use. This is not legal advice — consult a local attorney if you need specific guidance.

Where do I verify this information?

For the most current state law, check your state's controlled substances schedule directly (usually on the state health department or attorney general website). The Psychedelic Alpha state tracker is the most comprehensive continuously-updated resource. The Marijuana Policy Project and Students for Sensible Drug Policy also maintain legislative trackers. Our page is updated manually and may lag behind the fastest-moving developments.