Short answer
Psilocybin mushrooms are illegal under U.S. federal law, where psilocybin is a Schedule I controlled substance. But Oregon and Colorado run legal, state-licensed psilocybin programs for adults 21 and older, Colorado also allows adults to possess and grow mushrooms for personal use, and New Mexico is building a medical psilocybin program. More than a dozen cities, including Denver, Oakland, Seattle, and Washington, D.C., have made enforcement a low priority. Everywhere else, possession remains a crime.
Key takeaways
- Federally: Schedule I. A rescheduling petition has been under federal health review since August 2025.
- Legal programs: Oregon and Colorado for adults 21+. New Mexico's medical program is being built.
- Decriminalized: Denver, Oakland, Seattle, Washington D.C., and other cities. That's not the same as legal.
- Spores, which contain no psilocybin, are illegal in California, Georgia, and Idaho.
Federal law
Under the Controlled Substances Act, psilocybin and psilocin are Schedule I, the most restricted category, reserved for drugs the government says have high abuse potential and no accepted medical use. That applies in every state, whatever state law says.
The federal picture is shifting, though. In August 2025, the DEA sent a petition to move psilocybin to Schedule II over to federal health officials for review.2 In April 2026, the DEA rescheduled marijuana, but that order didn't cover psilocybin or any other psychedelic.1 The most likely near-term change is narrower: if the FDA approves Compass Pathways' synthetic psilocybin, that specific product would be rescheduled so doctors can use it, while mushrooms stay Schedule I.
State-by-state status
| Status | States | What it means |
|---|---|---|
| Regulated program | Oregon, Colorado | Adults 21+ can legally take psilocybin at licensed centers with a trained facilitator |
| Personal use legal | Colorado | Adults 21+ can possess, grow, and share psilocybin mushrooms, but not sell them4 |
| Medical program coming | New Mexico | Physician-recommended treatment for qualifying conditions; statutory deadline December 31, 20275 |
| Limited pilot | Utah | A three-year pilot allowing certain health systems to use psilocybin therapeutically6 |
| Ready for FDA approval | Virginia | A 2026 law will reschedule an FDA-approved psilocybin medicine once federal rules change7 |
| Illegal | All other states | Possession and sale are crimes under state law, though penalties vary widely |
Oregon
Oregon voters approved Measure 109 in 2020, creating the country's first regulated psilocybin program. Licensed service centers opened in 2023. Adults 21 and older can take psilocybin on-site with a licensed facilitator after a preparation session, with no diagnosis or prescription required. You can't take mushrooms home. Some cities and counties have opted out of hosting service centers.
A separate 2020 measure, Measure 110, decriminalized possession of small amounts of all drugs. The legislature reversed that in 2024, so possession outside the licensed system is a crime again.
Colorado
Colorado's Proposition 122, the Natural Medicine Health Act, passed in 2022. It created licensed healing centers for adults 21 and older and also removed state criminal penalties for adults who possess, grow, and share natural psychedelics like psilocybin for personal use.34 Selling them outside the licensed system remains illegal. In 2026, Colorado also passed a law adding liability protections for facilitators and creating an ibogaine research pilot.8
New Mexico
New Mexico's Medical Psilocybin Act, signed in April 2025, was the first psilocybin access law passed by a state legislature instead of a ballot measure. It covers treatment-resistant depression, PTSD, substance use disorders, and end-of-life care. The state began accepting producer permit applications in August 2026, but clinician permits haven't opened yet. The state's target of treating patients by the end of 2026 looks ambitious, and the legal deadline is December 31, 2027.5
Decriminalized cities
Starting with Denver in 2019, a wave of cities voted to make psilocybin possession a low enforcement priority or to remove local penalties. They include Oakland, Santa Cruz, San Francisco, and Berkeley in California; Seattle; Ann Arbor and Detroit in Michigan; Somerville and Cambridge in Massachusetts; and Washington, D.C., where Initiative 81 took effect in March 2021.3 This doesn't make psilocybin legal. State and federal laws still apply, and selling is still a crime.
Where legalization failed
Not every effort succeeds. In 2024, Massachusetts voters rejected a ballot measure that would have created a regulated psychedelics program. Bills in states including California, New York, and New Jersey have been introduced and stalled or narrowed. New Jersey lawmakers have more recently focused on a smaller, hospital-based research pilot.8
Outside the U.S.
Australia allows authorized psychiatrists to prescribe psilocybin for treatment-resistant depression. Czechia began allowing medical use in 2026. Alberta, Canada has a medical framework, and Canada, Germany, Switzerland, and New Zealand allow limited special or compassionate access.6 The Netherlands sells psilocybin truffles, which fall outside its mushroom ban.
Finding legal providers
If you're in or can travel to Oregon or Colorado, our psilocybin therapist finder lists licensed service centers and healing centers, with links to the official state directories. You can also search for clinical trials on ClinicalTrials.gov.
Laws change fastWe update this page as things change, but always check current state and local law before making any decisions. This page is not legal advice.
Common questions
Is psilocybin legal in Oregon?
Yes, through licensed psilocybin service centers for adults 21 and older. You take psilocybin on-site with a licensed facilitator. You can't buy mushrooms to take home, and Oregon's 2020 decriminalization of drug possession was rolled back in 2024.
Is psilocybin legal in Colorado?
Yes. Colorado allows adults 21 and older to use psilocybin at licensed healing centers, and also to possess, grow, and share psilocybin mushrooms for personal use. Selling them outside the licensed system is not allowed.
Does decriminalized mean legal?
No. Decriminalization usually means police and prosecutors treat personal possession as a very low priority, or local penalties are removed. Psilocybin is still illegal under state and federal law, and selling it remains a crime.
Is psilocybin legal for medical use anywhere?
In the U.S., New Mexico's medical program is the main medical model, and Utah has a limited hospital pilot program. Federally, patients may access it through clinical trials. Abroad, Australia, Czechia, and Alberta, Canada allow certain doctors to prescribe it.
Sources
- National Law Review. What the marijuana rescheduling order means for psychedelics. May 13, 2026. natlawreview.com
- The Guide. Psilocybin is one step closer to federal rescheduling. 2025. beehiiv.com
- Wikipedia. Legal status of psilocybin mushrooms. Accessed October 2026. wikipedia.org
- Colorado Department of Revenue, Natural Medicine Division. Accessing regulated natural medicine. nmd.colorado.gov
- HealingMaps. New Mexico just opened its first psilocybin permits. 2026. healingmaps.com
- Drug Science. Psilocybin regulation in 2026. drugscience.org.uk
- HealingMaps. The first psilocybin clinics will probably be Spravato clinics. 2026. healingmaps.com
- Unlimited Sciences. Psychedelic policy is changing across the U.S.: what states are doing in 2026. unlimitedsciences.org
This article is for education only and is not medical or legal advice. Psilocybin is a Schedule I substance under U.S. federal law. Talk with a licensed clinician before making decisions about your health. In a crisis, call or text 988.