Where are magic mushrooms legal? Psilocybin laws in all 50 states

Psilocybin law map: pick your state

Darker blue means more legal access. Tap a state, or choose it from the list, to see what the law allows there today.

Legal, decriminalized, illegal: what the words mean

Headlines blur these three, and the difference matters if you're stopped by police.

• Legal (regulated). State law permits it under set rules. In Oregon that means taking psilocybin at a licensed service center with a licensed facilitator. In Colorado it also covers personal possession and growing, plus limited free sharing, for adults 21 and older.
• Decriminalized or deprioritized. Still illegal. A city or county has told police and prosecutors to treat personal possession as their lowest priority. Selling is never covered, state police aren't bound by a city resolution, and an arrest is still possible.
• Reduced penalties. Still illegal, but the punishment is lighter. (D.C. sits with New Jersey on our map, but its Initiative 81 changed police priority, not the penalty.) New Jersey treats possession of an ounce or less as a disorderly persons offense rather than a crime.
• Illegal. Possession is a misdemeanor or a felony depending on the state and the amount. In Florida and Texas, any amount is a felony.

Federal law: still Schedule I

Psilocybin and psilocin are Schedule I controlled substances under federal law (21 CFR 1308.11), the category for drugs with "no currently accepted medical use." That's true in every state, including Oregon and Colorado. State programs operate because federal authorities have not moved against them, not because federal law allows them. Mailing psilocybin is a federal offense.

Three 2026 developments could change the picture for medical use, though not for mushrooms:

• Executive Order 14401 (signed April 18, 2026) directs the FDA to fast-track promising psychedelic drugs, asks the FDA and DEA to open a Right to Try pathway, and tells the Attorney General to start rescheduling reviews for drugs that finish Phase 3 trials. It doesn't name psilocybin or change its status.
• Compass Pathways expects to finish its application for COMP360, a synthetic psilocybin for treatment-resistant depression, by the end of 2026 and is targeting a launch in the first half of 2027. That depends on FDA approval and DEA rescheduling. Read the timeline.
• Trigger laws. Arizona, Colorado, Georgia, Mississippi, South Dakota, Virginia and West Virginia have passed laws that would let doctors use an FDA-approved psilocybin medicine as soon as it's federally rescheduled. None of them legalizes mushrooms.

More on the science and the approval process: psilocybin research and FDA status.

Psilocybin laws in every state at a glance

Possession charges are the typical charge for a small first offense as reported in each state's statute summaries; the real outcome depends on the amount, your record and local practice. Tap a state name with a link for a full guide.

What changed in 2026

We re-check this page monthly. These are the changes that affected the table this year, newest first.

• November 3 (upcoming): Idaho votes on HJR 4, which would bar citizen initiatives from legalizing psychoactive substances. Redmond, Reedsport and Joseph, Oregon vote on bans or moratoriums on psilocybin businesses. Details.
• October 2: New Mexico held its hearing on draft rules for the medical psilocybin program. Rules are not final.
• September 30: Portland, Oregon made personal use and non-commercial sharing of natural psychedelics the police's lowest priority.
• September 22: Oregon dropped a plan to double license fees for service centers and facilitators.
• September 18: California's budget (AB 113) set aside $4.7 million for veterans psychedelic therapy research. It legalizes nothing.
• September 1: Pierce County, Washington deprioritized psychedelics. Nevada City, California did the same on August 26.
• June: Colorado signed HB26-1325 (an ibogaine pilot, narrower sharing rules and an advertising ban for natural medicine). Louisiana's SB 43 research program became law. Connecticut expanded its therapy pilot.
• April to May: Executive Order 14401 (April 18). Trigger laws in Virginia (April 6), Colorado (April 20) and Georgia (May 11). Oregon's HB 4040 will accept out-of-state facilitator training from 2027.
• March: King County, Washington deprioritized psychedelics in unincorporated areas (March 24). Trigger laws in South Dakota, Mississippi and West Virginia. Utah funded a veterans PTSD study.
• February 9: Washington's medical psilocybin bill (SB 5921) died in committee.
• January 20: New Jersey signed a $6 million, two-year hospital psilocybin therapy pilot.

If you want legal access, here's where to look

• Travel to Oregon or Colorado. Both programs accept out-of-state adults. Oregon sessions happen only at a licensed service center; see our Oregon guide and Colorado guide.
• Join a clinical trial. Trials are recruiting across the country, including a new VA trial for veterans. See psilocybin therapy near me.
• Wait for New Mexico. Its medical program is for residents with qualifying conditions; see the New Mexico guide.
• Check your city. Our local guides cover Seattle, Los Angeles, San Diego, Denver, Las Vegas and Portland.

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