Last updated October 9, 2026 · By Henry Winslow, President of Althea
Psilocybin, the compound in mushrooms sometimes known as magic mushrooms or shrooms, is legal through regulated state programs in Oregon and Colorado, where adults 21 and older can take it with a licensed facilitator. It remains a Schedule I controlled substance under federal law, a growing list of cities have decriminalized possession, and New Mexico’s medical program is set to open by the end of 2026.
Regulated access and decriminalization are not the same thing. In a regulated program, the state licenses facilitators and centers, and sessions are compliant with state law. Decriminalization only makes personal possession (and sometimes home cultivation and gifting) a low priority for local police.
Below is where psilocybin stands in each state, what each status allows, and how to arrange a regulated psilocybin session in Oregon or Colorado.
This guide provides general information, not legal advice. Laws change, and we do our best to update this page when they do.
Where are magic mushrooms legal? State-by-state status
Two states allow legal psilocybin use today, a third is about to open a medical program, and every other state still prohibits it.
| State | Status (October 2026) | What it means in practice |
|---|---|---|
| Oregon | Legal through a regulated program (Measure 109, now ORS 475A, 2020) | Adults 21+ take psilocybin at a licensed Service Center with a licensed facilitator, after a required preparation session (Oregon Health Authority). Possession outside the program has been a misdemeanor since HB 4002 took effect September 1, 2024. |
| Colorado | Legal through a regulated program and for personal use (Proposition 122, the Natural Medicine Health Act, 2022) | Adults 21+ can work with a licensed facilitator at a licensed Healing Center. Adults 21+ may also grow, possess, use, and share psilocybin without payment under state law (City of Boulder). Colorado is the only state that protects personal use, and it enforces the line against selling outside the licensed system (Tricycle Day). |
| New Mexico | Medical program authorized (SB 219, the Medical Psilocybin Act, 2025), not yet open | Participants will need a diagnosed qualifying condition: major treatment-resistant depression, PTSD, a substance use disorder, end-of-life care, or another condition the state approves. The law requires the program by December 31, 2027; the Department of Health is aiming to open it by the end of 2026. |
| All other states | Illegal | Possession is a crime under state law. Some states have laws that prepare for an FDA-approved psilocybin medicine or fund research (below), and some cities have made possession a low enforcement priority. |
States ready for an FDA-approved psilocybin medicine
Some states have passed so-called “trigger bills.” Such laws change nothing today. They take effect only if the FDA approves a psilocybin medicine and the DEA reschedules it, at which point the state’s own drug schedule moves in step so doctors can prescribe it. Most of these laws are written around “crystalline polymorph psilocybin,” the synthetic form in Compass Pathways’ COMP360. They would cover a prescription drug given in a medical setting, not natural psilocybin mushrooms or services like Oregon’s and Colorado’s.
| State | Law | What it covers |
|---|---|---|
| Arizona | SB 1555 (2025) | FDA-approved crystalline polymorph psilocybin. Lapses if approval and rescheduling don’t happen by January 1, 2031. |
| Colorado | HB 25-1063 (2025) and SB 26-031 (2026) | FDA-approved crystalline polymorph psilocybin, then any FDA-approved Schedule I drug. |
| Georgia | HB 382 (2026) | FDA-approved crystalline polymorph psilocybin. |
| Mississippi | SB 2056 (2026) | FDA-approved crystalline polymorph psilocybin. |
| South Dakota | HB 1099 (2026) | FDA-approved crystalline polymorph psilocybin, moved to Schedule IV. |
| Virginia | HB 1347 and SB 379 (2026) | Directs the Board of Pharmacy to reschedule an FDA-approved psilocybin formulation. |
| West Virginia | SB 906 (2026) | FDA-approved crystalline polymorph psilocybin or an organic psilocybin product, once the DEA reschedules it. |
Some states don’t need a trigger law at all, because their drug schedules already follow federal rescheduling automatically. In those states, an FDA-approved psilocybin medicine would become prescribable without new legislation.
States funding psilocybin research
These laws pay for studies or small pilots, usually at a university or hospital and often for veterans. None of them opens public access.
| State | Law | What it does |
|---|---|---|
| California | AB 1103 (2025) | Speeds state review of qualifying psychedelic research studies. |
| Connecticut | SB 1083 (2021), HB 5506 (2022), SB 191 (2026) | Psilocybin study group, then funding for a psilocybin and MDMA therapy pilot for veterans, retired first responders, and health care workers, later expanded. |
| Indiana | HB 1259 (2024), HB 1166 (2025) | A state psilocybin research fund, then up to $600,000 for it. |
| Louisiana | SB 43 (2026) | A psychedelic-assisted therapy research program in the state Department of Health. |
| Maryland | SB 709 (2022) | A fund to study alternative PTSD therapies for veterans, including psilocybin. |
| New Jersey | SB 2283 (2026) | A two-year psilocybin pilot at three hospitals, $6 million. |
| Texas | HB 1802 (2021) | A study of psilocybin for veterans with PTSD. |
| Utah | SB 266 (2024), HB 390 (2026) | A hospital pilot for psilocybin and MDMA at two health systems, then a clinical study for veterans with treatment-resistant PTSD. |
| Washington | SB 5263 (2023) | A psilocybin pilot at the University of Washington for veterans and first responders. |
Source for laws without a direct link: the UC Berkeley Center for the Science of Psychedelics tracker. Alaska, Minnesota, Nevada, Vermont, and Maryland have created task forces or working groups to study psychedelics.
Where is psilocybin decriminalized?
Decriminalized is not the same as legal. In these cities, police are directed to treat personal possession as their lowest enforcement priority, but psilocybin is still illegal under federal law and may still bring state charges. Selling it remains illegal everywhere.
| State | Cities and counties |
|---|---|
| California | Arcata, Berkeley, Nevada City, Oakland, San Francisco, Santa Cruz |
| Colorado | Denver (the first U.S. city, 2019) |
| District of Columbia | Washington, D.C. |
| Maine | Portland |
| Massachusetts | Cambridge, Easthampton, Northampton, Salem, Somerville |
| Michigan | Ann Arbor, Detroit, Hazel Park, Jackson, Ypsilanti, Washtenaw County |
| Minnesota | Minneapolis |
| Oregon | Portland (September 2026) |
| Washington | Olympia, Port Townsend, Seattle, Tacoma, Jefferson County |
Sources: the UC Berkeley Center for the Science of Psychedelics tracker, City of Portland Ordinance 2026-186, City of Tacoma, and The Union for Nevada City. Local measures pass often, so this list may trail the newest ones.
Is psilocybin legal federally?
No. Psilocybin is a Schedule I controlled substance under the federal Controlled Substances Act, and it is not FDA-approved for any condition. State programs in Oregon and Colorado do not change federal law.
The federal picture moved quickly in 2026:
- April 18: Executive Order 14401 directed the FDA to speed review of psychedelic medicines and committed research funding that can reach state programs. It did not legalize psilocybin or change its scheduling (Tricycle Day; what it means for state programs).
- April 24: The FDA awarded priority review vouchers to three psychedelic programs, including Compass Pathways’ synthetic psilocybin, COMP360, for treatment-resistant depression (Tricycle Day).
- September 14: The FDA held a public hearing on future therapeutic use of psychedelic drugs (Tricycle Day).
Compass expects to launch COMP360 in the first half of 2027, if the FDA approves it and the DEA reschedules it. Any rescheduling is expected to cover only the approved medicine. That is what happened with cannabis in 2026, when the Justice Department moved only FDA-approved and state-licensed medical marijuana to Schedule III (Tricycle Day). Psilocybin mushrooms would likely stay in Schedule I.
Oregon’s Service Centers have been open since summer 2023, and in that time federal authorities have not moved to shut down either state’s program. The risk is low but not zero. Staying inside your state’s program, and never carrying psilocybin across state lines, keeps you on the clearest legal footing.
How to have a legal psilocybin session in Oregon or Colorado
The legal path is a session with a state-licensed facilitator, at a licensed Service Center in Oregon or a licensed Healing Center in Colorado. To participate, you must be 21 or older. You don’t need a prescription, and you don’t need to live in the state (Oregon Health Authority).
Here is how the process works on Althea:
- Find a facilitator. Browse facilitators on Althea’s marketplace, or get matched for free by a Care Navigator who can recommend a facilitator based on your goals, budget, and travel.
- Consultation and preparation. Your facilitator reviews your health history and medications to decide whether a psilocybin session is a good fit, and you meet virtually to prepare together. If a facilitator screens you out after you pay through Althea, you get a full refund.
- Your session. You take psilocybin at the licensed center with your facilitator present for the full session, which typically lasts most of a day.
- Integration. Afterward, you meet with your facilitator, again virtually, to make sense of the experience. Althea also hosts a free online integration community.
Wondering what it costs? See our guide to legal psilocybin prices, or compare real listings on the marketplace.
When you’re ready, browse legal psilocybin experiences or get matched with a facilitator.
Frequently asked questions
Are mushrooms legal in any state? Yes. Psilocybin is legal under state law in Oregon and Colorado for adults 21 and older through licensed facilitators. Colorado also allows personal possession, use, and growing without sale. New Mexico’s medical program is expected to open by the end of 2026.
Are magic mushrooms legal in the USA? Not federally. Psilocybin is a Schedule I controlled substance, and state programs do not change that.
Can I buy psilocybin at a dispensary? No. There are no retail psilocybin stores anywhere in the U.S. In Oregon and Colorado, psilocybin is provided during a facilitated session at a licensed center, not sold to take home.
Do I need to live in Oregon or Colorado to have a legal session? No. Neither state requires residency, and many participants travel for their session. Oregon says so directly in its program guidance.
Is decriminalized the same as legal? No. Decriminalization makes personal possession a low enforcement priority in a specific city or county. It may still be illegal under state or federal law, and selling remains illegal.
Is psilocybin FDA-approved? Not yet. Compass Pathways expects to finish its FDA application for a synthetic psilocybin medicine in late 2026, with a possible launch in 2027 if it is approved and rescheduled.
