The Complete Guide to Psychedelic Legalization

As the psychedelics ecosystem experiences increased funding, opportunities for investors, careers, and commerce will grow. 

With this increase in economic activity, legislative changes are likely to follow, as the government’s regulatory framework is usually influenced more by financial pressure rather than by scientific data.

Fortunately, much of the increase in funding is going towards new scientific studies that continue to show that psychedelic medicine is just as, if not more, effective than traditional pharmaceutical drugs. 

For those looking to understand where, and how psychedelic laws are changing, Psychedelic Invest has created an in-depth resource to track past and upcoming changes. This will allow investors and entrepreneurs alike to participate in the exciting changes that are already happening in the psychedelics world. 

Are Psychedelics Illegal in the United States?

Simply put, understanding psychedelic drug laws can be pretty confusing. 

First of all, there are a variety of different types of psychedelics that each has unique characteristics. Some grow naturally in nature, while others are synthetically manufactured in labs. Depending on how and where these substances are grown or manufactured can dictate their legal standing. 

Second of all, within the United States, legal structures differ among Federal, State, and Local jurisdictions. That means that the laws in the city of Denver may differ from the laws of the state of Colorado, which may differ from the laws of the United States. Although Federal laws supersede all State and Local laws, there are a variety of confusing exclusions. 

Furthermore, whether you are consuming, possessing, selling, transporting, or cultivating/manufacturing also matters. 

When directly answering the question, “Are psychedelics illegal in the United States,” the answer is… 

Yes, psychedelic drugs are illegal in the US per the Psychotropic Substances Act of 1978. This legislation was implemented to ensure compliance with the United Nations Convention on Psychotropic Substances, which became effective in 1976. 

However, psychedelic drug laws are changing very quickly. Similar to cannabis laws, there are a lot of grey areas. Below, you will find a variety of explanations and resources to provide better understanding of today’s psychedelic drug laws.

USA Psychedelic Legalization Map

Legalized / Decriminalized

Colorado

Legalizes and regulates the provision of psilocybin and psilocybin services; and also paves the way for additional psychedelic compounds in 2026.

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Oregon

Legalizes and regulates the provisions of psilocybin and psilocybin-services for non-medical purposes.

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Washington DC

Decriminalized

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Statewide Reform Efforts

Arizona

Bill to promote research into the medical and potential of psilocybin mushrooms for a variety of conditions.

California

Legalizes possession, preparation, obtaining, transportation of specific amounts of psilocybin, psilocyn, DMT, ibogaine, and mescaline for personal or facilitated use.

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Florida

Text not yet available

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Hawaii

Sets up a therapeutic psilocybin working group to determine and develop a long-term strategic plan to ensure the safe availability and accessibility of affordable, therapeutic psilocybin or psilocybin-based products for adults twenty-one years of age or older.

Illinois

Legalizes and regulates the provision of psilocybin and psilocybin services.

Minnesota

Text not yet available

Missouri

Legalizes and regulates psilocybin in a clinical setting for people with treatments-resistant PTSD and depression with a doctor’s recommendation. Would put $30MM in grants over three years towards clinical trials using whole-mushroom psilocybin to treat mental health conditions.

Montana

Legalizes and regulates the provision of psilocybin and psilocybin services for PTSD and other mental health conditions.

New Hampshire

Legalizes psilocybin therapy for patients with qualifying conditions.

New Jersey

Decriminalizes possession, home cultivation, and gifting of psilocybin for adults that are at least 21 years old; and legalizes and regulates the provision of psilocybin and psilocybin services in a supervised setting.

New York

Decriminalizes the possession, use, cultivation, production, creation, analysis, gifting, exchange or sharing by or between natural persons at least 21 years old of DMT, ibogaine, mescaline, psilocybin, and psilocyn.

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Rhode Island

Legalize the possession of up to one ounce of psilocybin, as well as allowing the growth of mushrooms at home for personal use.

Utah

Over the age of 21 with qualifying conditions can receive a psilocybin treatment directly from a psilocybin therapy provider.

Virginia

Multiple bills and proposals that include decriminalizing, as well as legalizing and regulation, various entheogenic compounds.

West Virginia

Removes psilocybin, marijuana and THC from the state’s list of controlled substances.

Select Cities Decriminalized

Michigan

Decriminalized in Ann Arbor, Detroit, and Hazel Park

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Massachusetts

Decriminalized in Cambridge, Easthampton, Northampton, & Somerville

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Washington

Decriminalized in Seattle. Facilitate the establishment of safe, and affordable psilocybin service centers to provide citizens of Washington who are at least 21 years of age with opportunities for supported psilocybin experiences for wellness and personal growth.

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Fully Illegal

Ketamine can be used in some medical situations. DMT / Ayahuasca is illegal as a Schedule I controlled substance, but allowed for specific religious groups.

Alabama

Fully Illegal

Alaska

Fully Illegal

Arkansas

Fully Illegal

Connecticut

Fully Illegal

Delaware

Fully Illegal

Georgia

Fully Illegal

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Idaho

Fully Illegal

Indiana

Fully Illegal

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Iowa

Fully Illegal

Kansas

Fully Illegal

Kentucky

Fully Illegal

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Louisiana

Fully Illegal

Maine

Fully Illegal

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Maryland

Fully Illegal

Mississippi

Fully Illegal

Nebraska

Fully Illegal

Nevada

Fully Illegal

New Mexico

Fully Illegal

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North Carolina

Fully Illegal

North Dakota

Fully Illegal

Ohio

Fully Illegal

Oklahoma

Fully Illegal

Pennsylvania

Fully Illegal

South Carolina

Fully Illegal

South Dakota

Fully Illegal

Tennessee

Fully Illegal

Texas

Fully Illegal

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Vermont

Fully Illegal

Wisconsin

Fully Illegal

Wyoming

Fully Illegal

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