Legal Status

Magic Mushroom Legal Status by State (2026)

Quick Answer

Psilocybin remains Schedule I federally. Oregon, Colorado, and New Mexico have licensed or medical programs; several cities have decriminalized. Always verify current laws where you are.

Laws vary by state and country. This page is for education only — always verify current regulations where you are.

Microdosing and legal context

By State

Status:
StateStatusNote
AlabamaIllegalPossession and sale are criminal offenses.
AlaskaIllegalNo decriminalization or legalization to date.
ArizonaIllegalCriminal penalties for possession and distribution.
ArkansasIllegalPsilocybin remains a controlled substance.
CaliforniaDecriminalizedSome cities decriminalized; state-wide efforts ongoing.
ColoradoLegalLegalized personal use and licensed healing centers (2024).
ConnecticutIllegalNo statewide decriminalization.
DelawareIllegalPossession remains a criminal offense.
FloridaIllegalCriminal penalties apply; no decriminalization.
GeorgiaIllegalPsilocybin classified as a controlled substance.
HawaiiIllegalDecriminalization efforts have not passed.
IdahoIllegalStrict drug laws; no exemptions for psilocybin.
IllinoisIllegalPossession and sale are criminal offenses.
IndianaIllegalNo decriminalization or legalization.
IowaIllegalCriminal penalties for possession and distribution.
KansasIllegalPsilocybin remains fully prohibited.
KentuckyIllegalNo statewide reform to date.
LouisianaIllegalPossession is a criminal offense.
MaineIllegalDecriminalization efforts have not passed.
MarylandIllegalNo decriminalization or legalization.
MassachusettsIllegalSome local reform efforts; state law unchanged.
MichiganIllegalDetroit and others decriminalized locally; state illegal.
MinnesotaIllegalNo statewide decriminalization.
MississippiIllegalPossession and sale are criminal offenses.
MissouriIllegalPsilocybin remains a controlled substance.
MontanaIllegalNo decriminalization or legalization.
NebraskaIllegalCriminal penalties apply.
NevadaIllegalDecriminalization considered; not yet passed.
New HampshireIllegalNo statewide reform to date.
New JerseyIllegalPossession remains a criminal offense.
New MexicoLegalMedical Psilocybin Act signed April 2025; regulated therapeutic access in development.
New YorkIllegalSome local efforts; state law unchanged.
North CarolinaIllegalPsilocybin classified as a controlled substance.
North DakotaIllegalNo decriminalization to date.
OhioIllegalPossession and sale are criminal offenses.
OklahomaIllegalNo statewide decriminalization.
OregonLegalLegal psilocybin services at licensed centers since 2023.
PennsylvaniaIllegalPhiladelphia decriminalized locally; state illegal.
Rhode IslandIllegalNo statewide decriminalization.
South CarolinaIllegalCriminal penalties for possession and distribution.
South DakotaIllegalPsilocybin remains fully prohibited.
TennesseeIllegalNo decriminalization or legalization.
TexasIllegalPossession is a criminal offense.
UtahIllegalNo statewide reform to date.
VermontIllegalDecriminalization efforts have not passed.
VirginiaIllegalNo decriminalization or legalization.
WashingtonIllegalSeattle deprioritized enforcement; state law unchanged.
West VirginiaIllegalPossession remains a criminal offense.
WisconsinIllegalPsilocybin remains a controlled substance.
WyomingIllegalNo decriminalization to date.

Showing 50 of 50 states

Decriminalized Cities

Oakland· California

Decriminalized since 2019; among the first in the U.S.

View Details
Santa Cruz· California

Natural plant and fungus decriminalization (2020).

View Details
San Francisco· California

Lowest law-enforcement priority for entheogenic plants.

View Details
Philadelphia· Pennsylvania

City decriminalized possession of small amounts; state law unchanged.

View Details
Denver· Colorado

First U.S. city to decriminalize psilocybin (2019); now state-legal.

View Details
Seattle· Washington

Deprioritized enforcement for personal possession; verify current policy.

View Details
Ann Arbor· Michigan

Decriminalized entheogenic plants and fungi; lowest enforcement priority.

View Details

International

Netherlands
Legal (truffles)

Psilocybin truffles sold in smartshops; mushrooms restricted.

Portugal
Decriminalized

All drugs decriminalized; personal use not a criminal offense.

Jamaica
Legal

Psilocybin mushrooms legal; retreats and cultivation allowed.

Australia
Medical (TGA)

TGA July 2023: authorized prescribers may prescribe psilocybin for treatment-resistant depression in certain cases.

Canada
Restricted

Psilocybin remains controlled; Health Canada SAP (Special Access Programme) grants limited approvals for end-of-life distress and treatment-resistant depression.

Czech Republic
Decriminalized

Personal possession of small amounts decriminalized; 2026 regulatory developments may expand access. Verify current rules.

New Zealand
Restricted

Medicines regulator approved prescribing pathway (2025); limited therapeutic access under specific conditions.

Switzerland
Restricted

Compassionate-use and trial access for psilocybin in medical settings; full legal status remains restricted.

United Kingdom
Restricted

Psilocybin remains Class A. Compass Pathways and others run clinical trials; limited compassionate access pathways under development in 2026.

Germany
Restricted

Federal court ruling (2024) allowed limited personal cultivation in some cases; therapeutic use and trials expanding. Verify current regulations.

Frequently asked questions

Is psilocybin legal in the United States?
Psilocybin remains Schedule I federally. Oregon and Colorado have licensed state-regulated programs operational since 2023 and 2025. Several cities have decriminalized personal use and possession.
Where is psilocybin decriminalized in the US?
Cities with decriminalization include Oakland, Santa Cruz, and San Francisco (California), plus others in states like Massachusetts and Colorado. Laws vary; always verify current regulations locally.
Which states have legal psilocybin programs?
Oregon, Colorado, and New Mexico have state-licensed or medical psilocybin programs. Oregon licensed facilitators in 2023; Colorado in 2025; New Mexico Medical Psilocybin Act signed April 2025. Supervised use in regulated settings.
Is psilocybin legal in Oregon?
Oregon has a licensed psilocybin service program. Trained facilitators can administer psilocybin in supervised settings. Program is regulated by the Oregon Psilocybin Services Division.
Is psilocybin legal in Colorado?
Colorado passed Proposition 122 in 2022, establishing a natural medicine program including psilocybin. Licensed facilities and facilitators became operational in 2025.
Which states have decriminalised psilocybin?
California (some cities: Oakland, Santa Cruz, San Francisco), Pennsylvania (Philadelphia), Washington (Seattle), Michigan (Ann Arbor), Massachusetts (some localities), and Denver (Colorado). Oregon and Colorado have gone further with state-legal programs.