Psilocybin Laws by State (2026)
How each state handles magic mushrooms (psilocybin), from each state's code and official agencies.
| State | Magic mushrooms (psilocybin) |
|---|---|
| Alabama | Psilocybin and psilocyn are Schedule I controlled substances in Alabama. Possessing any Schedule I substance is unlawful possession of a controlled substance, a Class D felony (1 year and 1 day to 5 years). Ala. Code 1975 §§ 20-2-23 (Schedule I, hallucinogenic substances o-p), 13A-12-212; class range § 13A-5-6 |
| Alaska | Psilocybin and psilocyn are schedule IIA controlled substances in Alaska. Possessing any amount is misconduct involving a controlled substance in the fifth degree, a class A misdemeanor (up to 1 year in jail); a repeat possession conviction within 10 years is fourth-degree misconduct, a class C felony (up to 5 years). Manufacturing or delivering any amount, or possessing it with intent to do so, is third-degree misconduct, a class B felony (up to 10 years), as is possessing it within 500 feet of school grounds or a youth center or on a school bus. No licensed psilocybin program or decriminalization appears in AS 11.71. AS 11.71.150(b)(18)-(19); AS 11.71.050(a)(4), (b); AS 11.71.040(a)(12), (d); AS 11.71.030(a)(3), (a)(9), (d); AS 12.55.125, 12.55.135 |
| Arizona | Psilocybin and psilocyn are listed as hallucinogenic 'dangerous drugs' in Arizona. Possessing or using a dangerous drug is a class 4 felony (presumptive 2.5 years for a first offense), though on the state's motion the court may enter a class 1 misdemeanor conviction for a person with no prior felony or drug possession conviction. People with no prior felony conviction convicted of simple possession are eligible for probation under the conditions the statute sets. A.R.S. §§ 13-3401(6)(a)(xxxviii)-(xxxix), 13-3407(A)(1), (B)(1), (C) |
| Arkansas | Psilocybin and psilocyn are Schedule I controlled substances in Arkansas. Possessing a Schedule I or II substance other than methamphetamine, fentanyl, heroin or cocaine is a Class D felony for less than 2 grams (up to 6 years), a Class C felony for 2 to under 28 grams, and a Class B felony for 28 to under 200 grams. Ark. Dept. of Health List of Controlled Substances, Schedule I (d) hallucinogenic substances (28)-(29); Ark. Code § 5-64-419(b)(2) |
| California | Psilocybin and psilocyn are Schedule I hallucinogenic controlled substances in California. Possessing them without a prescription is a misdemeanor punishable by up to one year in county jail (and a fine of up to $70), although a person with certain prior convictions (such as a 'super strike' or an offense requiring sex offender registration) may instead be sentenced to county jail as a felony. Selling, transporting for sale, furnishing or giving them away is punishable by two, three or four years under Penal Code 1170(h). California state law has no licensed psilocybin program or statewide decriminalization in the Health and Safety Code sections read. Cal. Health & Safety Code 11054(d)(18)-(19), 11377(a)-(b), 11379(a) |
| Colorado | Colorado's Natural Medicine Health Act (Proposition 122, effective December 27, 2022) allows adults 21 and older to possess, consume, share without payment, cultivate and make psilocybin and psilocin (and DMT, mescaline other than peyote, and ibogaine) for personal use, and creates state-licensed healing centers where licensed facilitators supervise natural medicine services. Selling natural medicine outside the licensed program, giving it to anyone under 21 or using it commercially remains illegal. A person under 21 who possesses or consumes it commits a drug petty offense (fine up to $100 or up to four hours of substance use education or counseling), and public display or consumption is a drug petty offense (fine up to $100 and up to 24 hours of public service). Psilocybin and psilocyn are still listed in Schedule I. Later laws let the governor pardon a class of people convicted of possessing natural medicine (SB 25-297, signed June 3, 2025), legalize an FDA-approved crystalline polymorph psilocybin medicine once approved (HB 25-1063, signed March 31, 2025), and create an ibogaine research pilot program (HB 26-1325, signed June 4, 2026). C.R.S. 18-18-434(1), (2), (5), (12); 12-170-104(8), (12); 12-170-113; 18-18-203; SB 25-297; HB 25-1063; HB 26-1325 |
| Connecticut | Psilocybin and psilocyn are listed as Schedule I controlled substances in the Department of Consumer Protection's controlled-substance regulations. Possessing any quantity of a controlled substance other than cannabis is a class A misdemeanor (up to 1 year); for a second offense the court may suspend prosecution of a drug-dependent person and order treatment, and a later offense can bring persistent-offender sentencing. There is no legal psilocybin market; the law did create a psychedelic-assisted therapy pilot program (run by a medical school under an FDA-approved research protocol, due by January 1, 2023) for veterans, retired first responders and direct care health care workers. Regs. Conn. State Agencies § 21a-243-7(c); Conn. Gen. Stat. §§ 21a-279(a), 17a-484g |
| Delaware | Psilocybin and psilocyn are Schedule I hallucinogens in Delaware. Possessing a controlled substance without a prescription or other authorization is generally a class B misdemeanor (up to 6 months), with larger amounts charged as felony possession, and a first offender may qualify for a one-time deferred-probation program that ends in dismissal. Delaware has no legal psilocybin program in the statutes read. 16 Del. C. §§ 4714(d)(14)-(15), 4763, 4767 |
| District of Columbia | Psilocybin and psilocyn are Schedule I controlled substances in D.C., and possessing a controlled substance without authorization is a misdemeanor (up to 180 days). Since Initiative 81 (D.C. Law 23-268, March 16, 2021), the Metropolitan Police Department treats noncommercial growing, buying, transporting, distributing and possessing of natural entheogenic plants and fungi (those containing psilocybin, psilocyn, ibogaine, DMT or mescaline) by people 18 or older as among its lowest enforcement priorities. This does not legalize the substances and does not change enforcement of impaired-driving or drug-free-zone laws. D.C. Code §§ 48-902.04(3)(R)-(S), 48-904.01(d), 48-921.52 |
| Florida | Psilocybin and psilocyn are Schedule I hallucinogens in Florida. Possessing any controlled substance without a prescription is a third-degree felony (up to 5 years), except for the separate small-amount cannabis rule. Florida law has no legal psilocybin program in the sections read. Fla. Stat. §§ 893.03(1)(c)33.-34., 893.13(6)(a) |
| Georgia | Psilocybin and psilocin are Schedule I controlled substances in Georgia, and possession is a felony: less than 1 gram (or 1 milliliter) carries 1 to 3 years, 1 to under 4 grams carries 1 to 8 years, and 4 to under 28 grams carries 1 to 15 years. Georgia law has no legal psilocybin program in the sections read. O.C.G.A. §§ 16-13-25(3)(N)-(O), 16-13-30(a), (c) |
| Hawaii | Psilocybin and psilocyn are Schedule I controlled substances in Hawaii, and possessing any amount of a 'dangerous drug' is promoting a dangerous drug in the third degree, a class C felony (up to 5 years). No psilocybin therapy program has been enacted in the statutes read. Haw. Rev. Stat. §§ 329-14(d)(26)-(27), 712-1243 |
| Idaho | Psilocybin and psilocyn are Schedule I controlled substances in Idaho, and spores or mycelium capable of producing psilocybin mushrooms are also listed in Schedule I. Possessing a Schedule I substance that is not a narcotic drug (other than LSD) is a misdemeanor punishable by up to 1 year in jail, a fine of up to $1,000, or both. Idaho's controlled substances act contains no legal psilocybin program or decriminalization. Idaho Code §§ 37-2705(d)(27), (28), (34), 37-2732(c)(3) |
| Illinois | Psilocybin and psilocyn are Schedule I controlled substances in Illinois. Possessing any amount (they are not among the drugs with weight-based possession tiers) is a Class 4 felony, punishable by 1 to 3 years in prison and a fine of up to $25,000. 720 ILCS 570/204(d)(16)-(17); 720 ILCS 570/402(c); 730 ILCS 5/5-4.5-45 |
| Indiana | Psilocybin and psilocyn are Schedule I controlled substances in Indiana. Possessing them without a prescription is a Class A misdemeanor (up to 1 year and a $5,000 fine), or a Level 6 felony (6 months to 2 1/2 years) if an enhancing circumstance applies. Manufacturing or delivering them, or possessing them with intent to deliver, is dealing in a Schedule I controlled substance, a Level 6 felony for under 1 gram, rising to Level 5 for 1 to under 5 grams and higher levels for larger amounts or enhancing circumstances. IC 35-48-2-4; IC 35-48-4-7(a)-(b); IC 35-48-4-2(a), (c), (d) |
| Iowa | Psilocybin and psilocyn are Schedule I controlled substances in Iowa. Possession without a prescription is a serious misdemeanor for a first offense, an aggravated misdemeanor with one prior drug conviction, and a class D felony with two or more prior drug convictions. Iowa's controlled substances chapter contains no psilocybin program or decriminalization. Iowa Code §§ 124.204(4), 124.401(5)(a) (Iowa Code 2026) |
| Kansas | Psilocybin and psilocyn are Schedule I hallucinogenic substances in Kansas. Possessing a hallucinogenic drug is a class A nonperson misdemeanor (up to 1 year and $2,500), and can become a drug severity level 5 felony with certain prior convictions. Kansas law has no psilocybin program or decriminalization. K.S.A. 65-4105(d)(23), (24); 21-5706(b)(3), (c)(2) |
| Kentucky | Psilocybin and psilocyn are Schedule I controlled substances in Kentucky, because Kentucky schedules every substance listed in federal Schedule I (21 C.F.R. 1308.11), which includes them. Possessing a Schedule I substance that is not a narcotic drug is possession of a controlled substance in the second degree, a Class A misdemeanor (up to 12 months and $500). Kentucky has no state psilocybin program or decriminalization law in its controlled substances statutes. 902 KAR 55:015, Section 1(1); 21 C.F.R. 1308.11; KRS 218A.1416 |
| Louisiana | Psilocybin and psilocyn (the active substances in 'magic mushrooms') are Schedule I controlled dangerous substances in Louisiana. Possessing less than 2 grams is punished by up to 2 years in prison, with or without hard labor, and a fine of up to $5,000; 2 grams to less than 28 grams carries 1 to 10 years and a fine of up to $5,000. Possessing 28 grams or more of a Schedule I substance is treated as a distribution violation, which carries 1 to 20 years at hard labor and a fine of up to $50,000. La. R.S. 40:964 (Schedule I); R.S. 40:966(B)(1), (C)(1), (D)(2) |
| Maine | Psilocybin and psilocyn are Schedule X drugs under Maine law. Unlawful possession of a Schedule X drug is a Class D crime, punishable by less than one year in jail and a fine of up to $2,000. 17-A M.R.S. §1102(2); §1107-A(1)(D); §1604(1)(D); §1704 |
| Maryland | Psilocybin is a Schedule I controlled dangerous substance in Maryland, because Maryland's Schedule I includes substances the federal government designates as Schedule I (unless the Maryland Department of Health objects), and federal law lists psilocybin and psilocyn in Schedule I. Possessing it is a misdemeanor: up to 1 year and/or a $5,000 fine for a first conviction, up to 18 months for a second or third, and up to 2 years for a fourth or later. Md. Code, Crim. Law §§5-402(a)(3), 5-601(c)(1) |
| Massachusetts | Psilocybin and psilocyn are Class C controlled substances in Massachusetts. Possessing them is punishable by up to 1 year in jail and/or a fine of up to $1,000; after a prior drug possession conviction (or a drug felony under chapter 94C), the maximum is 2 years in a house of correction and/or a $2,000 fine. G.L. c. 94C, §31 (Class C(a)(13)-(14)); G.L. c. 94C, §34 |
| Michigan | Psilocybin and psilocyn are Schedule 1 controlled substances in Michigan. Unlike most Schedule 1 drugs (a felony), possessing psilocybin or psilocyn is a misdemeanor punishable by up to 1 year in jail and/or a fine of up to $2,000. MCL 333.7212(1)(c); MCL 333.7403(2)(c) |
| Minnesota | Psilocybin and psilocyn are Schedule I controlled substances in Minnesota. Possessing any amount is a fifth-degree controlled substance crime: up to 5 years in prison and/or a $10,000 fine, except that a first offense involving less than 0.25 grams (or one dosage unit or less) is a gross misdemeanor. Minn. Stat. §152.02, subd. 2; §152.025, subds. 2, 4 |
| Mississippi | Psilocybin and psilocyn ('magic mushrooms') are Schedule I hallucinogens in Mississippi. Possessing a Schedule I or II drug (other than marijuana) is graded by amount: under 0.1 gram or 2 dosage units is a misdemeanor (up to $1,000 and/or up to 1 year); 0.1 gram or 2 dosage units up to under 2 grams or 10 dosage units carries up to 3 years and/or up to $50,000; 2 grams or 10 dosage units up to under 10 grams or 20 dosage units carries up to 8 years and/or up to $250,000; and 10 grams or 20 dosage units up to under 30 grams or 40 dosage units carries 3 to 20 years and/or up to $500,000. Larger amounts fall under the trafficking provisions. Miss. Code Ann. §§ 41-29-113(d)(29)-(30), 41-29-139(c)(1) |
| Missouri | Psilocybin and psilocyn ('magic mushrooms') are Schedule I controlled substances in Missouri. Possessing any controlled substance other than small amounts of marijuana is a class D felony, punishable by up to 7 years in prison and a fine of up to $10,000. RSMo §§ 195.017 (Schedule I), 579.015.2, 558.011 |
| Montana | Psilocybin and psilocyn ('magic mushrooms') are Schedule I hallucinogens in Montana. Possessing them is criminal possession of dangerous drugs, a felony punishable by up to 5 years in state prison and/or a fine of up to $5,000; a person convicted of a first violation is presumed entitled to a deferred imposition of sentence. MCA §§ 50-32-222(4), 45-9-102 |
| Nebraska | Psilocybin is a Schedule I hallucinogen in Nebraska (an FDA-approved crystalline polymorph psilocybin drug is excluded). Possessing it, like any controlled substance other than marijuana, is a Class IV felony, punishable by up to 2 years in prison plus 12 months of post-release supervision and/or a $10,000 fine. Neb. Rev. Stat. §§ 28-405 (Schedule I), 28-416(3), 28-105 |
| Nevada | Psilocybin and psilocin are Schedule I controlled substances in Nevada (listed by Board of Pharmacy regulation). Possessing less than 14 grams of a Schedule I or II substance is a category E felony for a first or second offense, and the court must defer judgment if the person consents; a third offense, or a person with two prior drug convictions, is a category D felony with a fine of up to $20,000. Possession of 14 to under 28 grams is a category C felony, 28 to under 42 grams a category B felony (1 to 10 years, up to $50,000), and 42 to under 100 grams a category B felony (2 to 15 years, up to $50,000). NAC 453.510 (Schedule I); NRS 453.336(2) |
| New Hampshire | Psilocybin is a controlled hallucinogenic drug in New Hampshire (the controlled drug law names it as an example of a hallucinogenic drug). Possessing a controlled drug in schedules I through IV that the statute does not treat separately is a class B felony (up to 7 years), with a fine of up to $25,000; a repeat offense is a class A felony (up to 15 years) with a fine of up to $50,000. RSA 318-B:1, XIII, 318-B:26, II(a) |
| New Jersey | Possession of one ounce or less of psilocybin is a disorderly persons offense (up to 6 months in jail and a $1,000 fine). Possessing a controlled dangerous substance in Schedules I-IV that the section does not specifically cover is a crime of the third degree (3-5 years) with a fine of up to $35,000. Distribution is charged separately. N.J.S. 2C:35-10(a)(1), (a)(5); N.J.S. 2C:43-8 |
| New Mexico | New Mexico has a legal medical psilocybin program. The Medical Psilocybin Act (Senate Bill 219, signed April 2025, effective June 20, 2025) sets up a regulated program run by the Department of Health for the medical use of psilocybin to treat qualified conditions such as major treatment-resistant depression, PTSD, substance use disorders and end-of-life care, with a Medical Psilocybin Advisory Board. The Department of Health says the program is set to be implemented by December 31, 2026. Possession outside the program remains governed by the Controlled Substances Act. Medical Psilocybin Act (Laws 2025, SB 219), as described by the New Mexico Department of Health |
| New York | Psilocybin and psilocyn are Schedule I controlled substances in New York. Knowingly and unlawfully possessing any amount of a controlled substance is at least criminal possession of a controlled substance in the seventh degree, a class A misdemeanor (up to 364 days); possession of larger amounts or with intent to sell is charged as a felony under higher-degree sections. Possession discovered because a person sought emergency help for an overdose or medical emergency is not a violation of that section. New York has no legal psilocybin program under the sections read. N.Y. Public Health Law 3306, Schedule I(d)(18)-(19); N.Y. Penal Law 220.03 |
| North Carolina | Psilocybin and psilocin are Schedule I hallucinogenic substances. Possessing any Schedule I controlled substance is a Class I felony (the exception for small amounts in the same subsection applies only to MDPV). Selling, manufacturing or possessing with intent to sell is charged separately. North Carolina law has no legal psilocybin program in the sections read. G.S. 90-89(3)(r)-(s); G.S. 90-95(d)(1) |
| North Dakota | Psilocybin and psilocyn are Schedule I controlled substances (an FDA-approved crystalline psilocybin drug, COMP360, is listed separately in Schedule IV). Willfully possessing a controlled substance without a prescription is a Class A misdemeanor for a first offense (up to 360 days) and a Class C felony (up to 5 years) for a second or later non-marijuana drug offense; possessing it on school property is a Class B felony. North Dakota law has no legal psilocybin program in the chapter read. N.D.C.C. 19-03.1-05 (Schedule I); 19-03.1-11 (Schedule IV); 19-03.1-23(7)(a)-(c) |
| Ohio | Psilocybin and psilocyn are Schedule I hallucinogens in Ohio. Possessing a Schedule I drug of this kind is aggravated possession of drugs: a felony of the fifth degree (6-12 months) for less than the bulk amount, a third-degree felony (with a presumption of prison) from the bulk amount up to five times bulk, a second-degree felony with a mandatory prison term from five to fifty times bulk, and a first-degree felony with mandatory prison at fifty times bulk and above. A person who seeks medical help for an overdose and then gets a treatment referral is protected from prosecution for minor drug possession. Ohio has no legal psilocybin program in the sections read. Ohio Adm. Code 4729:9-1-01(D)(29)-(30) (eff. Nov. 8, 2025); R.C. 2925.11(B)(2), (C)(1) (eff. April 9, 2025) |
| Oklahoma | Psilocybin and psilocyn are Schedule I controlled dangerous substances in Oklahoma. Simple possession of a controlled dangerous substance is a misdemeanor punishable by up to 1 year in jail and a fine of up to $1,000; for a second or third offense within 10 years the court may order a diversion program, and a fourth offense within 10 years is a felony punishable by 1 to 5 years and a fine of up to $5,000. No state psilocybin therapy or decriminalization program appears in the sections read. 63 O.S. §§ 2-204, 2-402(A)(1), (B) |
| Oregon | Oregon has a licensed psilocybin services program (voter-approved Measure 109): adults 21 and older may buy, possess and consume psilocybin products only at a licensed psilocybin service center under the supervision of a licensed facilitator, and selling to anyone under 21 is prohibited. Outside the program, psilocybin is a Schedule I controlled substance. Possessing a small amount is a 'drug enforcement misdemeanor' (probation of up to 18 months, or up to 180 days in jail only at the defendant's request, with no fines); possessing 12 grams or more is a Class A misdemeanor, and possession that is a commercial drug offense or a substantial quantity is a Class B felony. ORS 475A.440, 475A.498; ORS 475.752(3)(a), (7), 475.896 |
| Pennsylvania | Psilocybin and psilocyn are Schedule I controlled substances in Pennsylvania, and the state has no legal psilocybin program in the Controlled Substance, Drug, Device and Cosmetic Act. Knowingly possessing a controlled substance without a prescription is a misdemeanor punishable by up to 1 year in prison and/or a $5,000 fine; after a prior drug conviction under the Act, the maximum rises to 3 years and/or $25,000. 35 P.S. §§ 780-104(1), 780-113(a)(16), (b) |
| Rhode Island | Psilocybin is not legal in Rhode Island; it was listed in Schedule I of the state's former statutory schedule, and controlled-substance schedules are now set by Department of Health regulation. Possessing 10 grams or less of a controlled substance (other than marijuana or buprenorphine) is a misdemeanor punishable by up to 2 years and/or a $500 fine; more than 10 grams but less than one ounce is a felony punishable by up to 3 years and/or a $5,000 fine. People convicted who are not sentenced to prison must do up to 100 hours of community service and complete a drug-counseling program. R.I. Gen. Laws §§ 21-28-2.02, 21-28-4.01(c) |
| South Carolina | Psilocybin and psilocyn are Schedule I hallucinogens in South Carolina, and the state has no legal psilocybin program in its controlled substances law. Simple possession of a controlled substance other than those given specific penalties (such as narcotic drugs, LSD, cocaine, fentanyl and marijuana) falls under the general 'any other controlled substance' rule: a misdemeanor punishable by up to 6 months in jail and/or a $1,000 fine for a first offense. S.C. Code §§ 44-53-190(D)(16)-(17), 44-53-370(c), (d)(2) |
| South Dakota | Psilocybin and psilocyn are Schedule I hallucinogens in South Dakota (except an FDA-approved crystalline psilocybin drug product), and the state has no legal psilocybin program in its controlled substances law. Knowingly possessing a Schedule I or II substance without a prescription is a Class 5 felony, punishable by up to 5 years in prison. SDCL 34-20B-14(18)-(19), 22-42-5 |
| Tennessee | Psilocybin and psilocyn ('constituent of magic mushrooms') are Schedule I hallucinogenic substances in Tennessee. Knowingly possessing a controlled substance without a valid prescription is a Class A misdemeanor (up to 11 months, 29 days and/or a $2,500 fine). Tenn. Code Ann. §§ 39-17-406(d)(32), (d)(33); 39-17-418(a), (c); 40-35-111(e)(1) |
| Texas | Psilocybin and psilocin ('magic mushrooms') are in Penalty Group 2 of the Texas Controlled Substances Act. Possessing less than one gram is a state jail felony (180 days to 2 years); 1 to 4 grams, a third-degree felony (2 to 10 years); 4 to 400 grams, a second-degree felony (2 to 20 years); and 400 grams or more, life or 5 to 99 years and a fine up to $50,000. Weight includes adulterants and dilutants. Tex. Health & Safety Code §§ 481.103(a)(1), 481.116; Tex. Penal Code §§ 12.32-12.35 |
| Utah | Psilocybin and psilocyn are Schedule I controlled substances in Utah. Possessing a Schedule I substance (other than marijuana) is a class A misdemeanor (up to 364 days and $2,500) for a first or second conviction, and a third degree felony (up to five years) for a third conviction within seven years. Utah also lets certain large or university-affiliated healthcare systems run behavioral health treatment programs using psilocybin that is in FDA Phase 3 testing, for patients 18 or older under direct supervision; people who comply are not guilty of a drug offense. Utah Code §§ 58-37-108(2)(a); 76-18-207(3)(b), (3)(c); 58-37-309 |
| Vermont | Psilocybin is a 'hallucinogenic drug' under Vermont law. Knowingly and unlawfully possessing it is punishable by up to one year in prison and/or a $2,000 fine; 10 or more doses, up to five years and/or $25,000; 100 or more doses, up to 10 years and/or $100,000; and 1,000 or more doses, up to 15 years and/or $500,000. Selling it is punishable by up to five years and/or $25,000, with higher penalties by number of doses. 18 V.S.A. §§ 4201(10), 4235(b), (c) |
| Virginia | Psilocybin and psilocyn are Schedule I hallucinogens in Virginia. Possessing a Schedule I or II controlled substance without a prescription is a Class 5 felony (1 to 10 years, or up to 12 months in jail and/or a $2,500 fine). Va. Code §§ 54.1-3446(3), 18.2-250(A)(a), 18.2-10(e) |
| Washington | Psilocybin and psilocyn are Schedule I hallucinogens in Washington. Knowingly possessing a controlled substance without a prescription, or using one in public, is a gross misdemeanor punishable by up to 180 days in jail and/or a $1,000 fine, or up to 364 days after two or more prior convictions under this rule after July 1, 2023. Prosecutors are encouraged to divert these cases, and police are encouraged to refer people to assessment and services instead of booking them. RCW 69.50.204(3); 69.50.4013(1), (2) |
| West Virginia | Illegal. Psilocybin and psilocyn are Schedule I controlled substances. Possessing a controlled substance without a valid prescription is a misdemeanor punishable by 90 days to 6 months in jail, a fine of up to $1,000, or both (first-offender conditional discharge under § 60A-4-407 may be available). Manufacturing, delivering or possessing with intent to deliver a non-narcotic Schedule I substance is a felony punishable by 1 to 5 years in prison, a fine of up to $15,000, or both. The law says that if a psilocybin drug is approved by the U.S. Food and Drug Administration and rescheduled by the DEA, it will be lawful to prescribe, distribute and market it based on FDA recommendations. W. Va. Code §§ 60A-2-204(d), 60A-4-401(a)(ii), (c), 60A-2-201(g) |
| Wisconsin | Illegal. Psilocybin and psilocin are Schedule I controlled substances. Possession is a misdemeanor on a first conviction (fine up to $5,000, up to 1 year in the county jail, or both) and a Class I felony (up to 3 years 6 months and/or $10,000) for a second or later drug offense. Making, distributing or delivering psilocybin (or possessing it with intent to) is a Class G felony for 100 grams or less (up to 10 years and/or $25,000), a Class F felony for more than 100 up to 500 grams (up to 12 years 6 months and/or $25,000), and a Class E felony above 500 grams (up to 15 years and/or $50,000). Wis. Stat. §§ 961.14(4)(r)-(s), 961.41(1)(g), (1m)(g), (3g)(d), 939.50(3) |
| Wyoming | Illegal. Psilocybin and psilocyn are Schedule I hallucinogens. Possessing a small amount (for example, no more than 3 ounces in plant form or 3 grams in powder or pill form) is a misdemeanor punishable by up to 12 months in jail and/or a $1,000 fine, with up to 5 years and/or $5,000 for a third or later offense; possessing more is a felony punishable by up to 5 years and/or $10,000. Manufacturing or delivering it, or possessing it with intent to deliver, is punishable by up to 10 years and/or $10,000. W.S. 35-7-1014(d)(xix)-(xx), 35-7-1031(a)(ii), (c)(i), (c)(iii) |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.