The Complete Guide to Psychedelic Legalization

Whether you are an investor, business leader, entrepreneur, therapist, or patient, keeping an eye on the psychedelic legal landscape will help you make informed decisions. 

The role of psychedelics in society, science, and business is changing rapidly, and those who are first to spot opportunities for innovation will be the people to shape this emerging industry. 

The psychedelic industry is covered in red tape, and understanding the ins and outs of the laws that govern it is crucial for positive development, as well as keeping everyone safe from the boys in blue (or whatever color the police in your country wear). 
This legal guide summarizes the legal status of every US state and numerous countries worldwide. It also offers information on which jurisdiction has legal reform in the works and in what capacity. If you are in need of a more comprehensive analysis of these laws, make sure to check out our full psychedelic regulations and political report, available for PRO Members here.

Are Psychedelics Legal?

The answer to this question is far more complicated than yes or no.

We have created this guide to help you navigate the complex legal landscape that dictates the use of psychedelics globally. Though psychedelics remain illegal in most places, a growing number of countries, and individual states in the US, are changing their laws to accommodate psychedelic research and use. 

The psychedelic legal landscape is tricky to navigate because no two jurisdictions’ are taking the same approach. In the US, a handful of cities have decriminalized certain psychedelic compounds, but if you step foot outside that city’s jurisdiction, the law no longer applies. In addition, several states have legalized psilocybin but are imposing strict guidelines as to how it is used. 

On a global level, several countries have legalized some psychedelic compounds. Other countries have legalized no psychedelic compounds but do little to enforce their laws, allowing psychedelic therapists and retreat centers to flourish.

Psychedelic legal reform is rapidly taking place across the globe, especially in the US. Where psychedelics are illegal today, they may be legal in a matter of years or even months. Stay up to date on those changes with this legal guide— which is updated regularly to keep you in the know.

Legalization Vs. Decriminalization

It is easy to confuse these two, but they have very different meanings in the legal world. 

Legalization means that the compound in question is fully legalized. However, psychedelic legalization measures often include strict regulations as to who can cultivate, manufacture, distribute, and use psychoactive drugs. These stipulations often include expensive licensing, strict control of who can offer psychedelic services, and an age requirement for patients. 

There are currently two routes to legalizing psychedelics in the US. The first is the route that Oregon and Colorado have taken. The two states have fully legalized the supervised adult use of psilocybin (the active compound in magic mushrooms), despite it remaining federally illegal. 

The other route is the one that biotechnology companies are taking— FDA approval. This will allow patients to access psychedelics the same way that they would receive any medical treatment. This method has no been proven yet, though MAPS is very close to doing so.  

Decriminalization simply means that enforcing the laws against psychedelics becomes the lowest priority. Law enforcement will be urged not to arrest people on charges of psychedelic use and possession. Many decriminalization laws do not include large-scale manufacturing and distribution of the illegal substances. 

USA Psychedelic Legalization Map

Legalized / Decriminalized States

Colorado

Prop 122, passed in 2022, legalizes and regulates the provision of psilocybin and psilocybin services. In 2026, additional psychedelic compounds may be added to the program. The regulations for the container of this program will be finalized by September 30, 2024. The also also immediately decriminalized several psychedelics for personal use.

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Oregon

Measure 109, Passed in 2020, legalizes and regulates the provisions of psilocybin and psilocybin services for non-medical purposes. The program officially began on January 1, 2023, and a few service centers are now open for business.

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Washington DC

Initiative 81, passed in 2020, decriminalizes entheogenic plants for personal use.

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Reform Efforts

Arizona

There are no changes to legal restrictions on psychedelics in Arizona, either current or prospective. However, in 2023, the state passed a bill allotting $5 million to the research and clinical development of natural psilocybin as a treatment for depression, PTSD, addiction, and long-covid symptoms.

Alaska

There have been no reforms yet. However, Rep. Jennie Armstrong plans to file a bill to decriminalize psychedelics in Alaska.

California

The Golden State currently has two reform efforts underway. Bill 58 would decriminalize natural psychedelics state-wide and establish a framework for psychedelic-assisted therapy. TREAT California is a ballot initiative that would allocate $5 billion to developing an entire ecosystem for psychedelic therapy, including getting psychedelic drugs through the FDA approval process, which would allow the entire country to access it.

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Connecticut

Connecticut has passed House Bill 5396, which allows for psychedelic research and creates a pilot program.

Florida

A failed bill in 2021 attempted to legalize psilocybin for medical purposes. There have been no additional efforts since.

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Hawaii

In April 2023, the Hawaiian Senate approved a bill that created an advisory council to explore the possibility of providing access to psychedelic therapies, including MDMA and psilocybin.

Illinois

The Illinois Cure Act would decriminalize the personal possession and use of magic mushrooms and provide a legal framework for the medical use of psilocybin. The bill has not made any progress since March 12, 2023.

Iowa

Iowa has made two attempts to decriminalize magic mushrooms. Both were unsuccessful, and there have been no additional reform efforts since the last failed attempt in 2021.

Kentucky

Kentucky law specifically expresses that all of the state’s drug scheduling will correspond to scheduling applied by the federal Controlled Substances Act.

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Maryland

Senate Bill 709 passed unanimously in Maryland in 2022, increasing access to psychedelics for Veterans suffering from PTSD and traumatic brain injuries. There have been no further efforts to decriminalize and/or legalize psychedelics.

Minnesota

Minnesota’s biggest city, Minneapolis, decriminalized psychedelics in July 2023, and the state is preparing for legalization with the formation of a psychedelic medicine task force. The purpose of the task force is to prepare for the ultimate legalization of psychedelics in Minnesota.

Missouri

In January 2023, a bill was introduced to increase access to psilocybin for people over the age of 21 who are struggling with PTSD, depression, and other serious. The bill has been stalled since March.

Montana

In April 2023, a bill allowing adults with one of four qualifying conditions to access psychedelic-assisted therapy in Montana was voted down. There have been no additional reform attempts since.

Nevada

Introduced in March 2023, Senate Bill 242 would have established procedures to research psilocybin for medical purposes. The bill was signed into law by Nevada’s governor in June with significant changes to the initial language. The version signed into law simply creates a working group of 15 people tasked with preparing for the potential legalization of psychedelics in the future.

New Hampshire

A bill to legalize the possession and use of certain psychedelic compounds for people over 21 years old was filed in January 2023. The bill was ultimately killed in session on March 16, 2023. No new legislation has been introduced.

New Jersey

Bill S2934 was introduced in December 2022. The bill would allow for the production and use of psilocybin-containing mushrooms for health and wellness. However, it has not seen any action since its introduction.

New Mexico

Due to the results of a court case, growing or possessing magic mushrooms for personal use is permitted in New Mexico, though the drug is technically illegal. Extracting psilocybin or drying and preserving mushrooms still carries extensive legal penalties.

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New York

Multiple bills have been introduced in New York to increase access to psychedelics, fund research, and decrease the legal repercussions. None of the proposed legislation has been passed into law yet.

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North Carolina

A bill filed in April 2023 proposes allocating $5 million towards researching psilocybin and MDMA as medical treatments.

Oklahoma

House Bill 2107, introduced in February 2023, would allow research and clinical trials on psilocybin and psilocin. The bill has not seen any action since March.

Pennsylvania

In 2023, there has been a big citizen-driven push for psychedelic reform in PA. Decriminalization may be on the horizon for the state’s biggest city, Philadelphia.

Rhode Island

On June 12, 2023, the Rhode Island House of Representatives voted 54-11 in favor of a bill decriminalizing psilocybin. The bill will now go to the State Senate.

Texas

Texas is making an effort to increase psychedelic research in the state. Governor Greg Abbott signed a bill in 2021 approving a study looking at the benefits of using psilocybin to treat PTSD in veterans. There are now two additional pieces of legislation in the works.

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Utah

SB200 was put forth to legalize psilocybin for medical use in the State of Utah. The bill was announced in February 2023 and died just over a month later. No additional reform efforts have been made.

Vermont

A bill to remove magic mushrooms from the State’s prohibited drugs has been discussed but will not move forward this year.

Virginia

Virginia has made two attempts to decriminalize the main active compounds found in magic mushrooms— psilocybin and psilocin. Both have failed. There are no reform efforts currently in play.

Washington

The first attempt to legalize psilocybin for adult use in Washington state was unsuccessful. A more recent bill, called the Washington Psilocybin Services Act, has created a psilocybin task force and a pilot program.

West Virginia

Psilocybin has been removed from the list of controlled substances in West Virginia, though it and all other psychedelics remain illegal.

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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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

Arkansas

Fully Illegal

Delaware

Fully Illegal

Georgia

Fully Illegal

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Idaho

Fully Illegal

Indiana

Fully Illegal

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Kansas

Fully Illegal

Louisiana

Fully Illegal

Maine

Fully Illegal

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Mississippi

Fully Illegal

Nebraska

Fully Illegal

North Dakota

Fully Illegal

Ohio

Fully Illegal

South Carolina

Fully Illegal

South Dakota

Fully Illegal

Tennessee

Fully Illegal

Wisconsin

Fully Illegal

Wyoming

Fully Illegal

International Psychedelic Legalization

Australia

On July 1, 2023, psilocybin and MDMA were legalized for the medical treatment of depression and PTSD. The program is highly regulated, the entry barriers are high, and so are the cost barriers.

New Zealand

While most psychedelics are illegal in New Zealand, ibogaine remains unscheduled.

The Netherlands

There is a loophole in The Netherlands that allows the cultivation, production, sale, and consumption of magic mushroom truffles (the part of the mushroom that grows underground). This has led to the growth of a therapeutic and recreational market in the country.

Jamaica

Psilocybin was never listed under the country’s Dangerous Drug Act, so it remains legal to cultivate, manufacture, sell, and use. This has led to a booming psychedelic retreat and cultivation industry.

Portugal

The possession of small amounts of psychedelic drugs is decriminalized in Portugal.

Costa Rica

Ayahuasca and Ibogaine remain unscheduled drugs in Costa Rica. Other psychedelic compounds are illegal, though possession for personal use has been decriminalized.

Mexico

All psychedelics, apart from bufo frog venom (5-MeO-DMT), are illegal in Mexico. There are laws in place that allow the use of certain psychedelics for spiritual purposes. The laws banning psychedelic use are rarely enforced.

Peru

Ayahuasca and San Pedro (mescaline) are legal in Peru. All other psychedelics are legal; however, those laws are rarely enforced. Magic mushrooms and other illegal psychedelics are commonly sold in coffee shops and markets around Peru.

International Psychedelic Reform

Canada

There are several citizen-driven efforts to increase access to psychedelics in Canada. In 2022, a group of patients and one healthcare provider sued the Canadian Government for access to psychedelic treatment. Currently, there is a pathway for patients to obtain psilocybin treatment through Health Canada, though access is limited. Over the past couple of years, illegal psychedelic dispensaries have been opening across Canada. They were left undisturbed until the Summer of 2023, when law enforcement began shutting them down and arresting the employees. Some of these locations would reopen just days after being raided and were immediately raided again.

UK

There have been no legal changes to the psychedelic policy in the UK. There has been a push from citizens to allow psychedelic-assisted therapy, with no success yet. Despite the lack of legal reform, a significant amount of groundbreaking psychedelic research is being done in England.

Thailand

The Thai government has funded research into the benefits of psilocybin for treating depression. If the studies show efficacy, the country may consider legalizing magic mushrooms for personal use.

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