The legal status of psychedelics across U.S. federal law, the states, and the world — with a five-year timeline of the policy changes that got us here. Updated Jul 2026.
Whether you're an investor, founder, clinician, or patient, the legal landscape shapes every decision in psychedelics. This guide summarizes where the law stands today — federally, in every U.S. state with meaningful policy, and internationally — and logs how it has evolved since 2020. It is informational, not legal advice; laws change quickly, so follow the linked sources for specifics.
3States with therapeutic access
17States profiled
7Countries covered
38Timeline milestones
U.S. Federal Status
At the federal level, the classic psychedelics remain Schedule I, but the regulatory and political posture shifted markedly in 2024–2026. The table below covers scheduling of each compound and the key FDA, DEA, and legislative developments.
Ketamine is Schedule III and legally used off-label (e.g. IV clinics); esketamine (Spravato) is FDA-approved for treatment-resistant depression under a REMS requiring in-office administration, and remains the only FDA-approved psychedelic-adjacent prescription treatment.
Granted to MAPS/Lykos MDMA for PTSD (2017), Compass Pathways psilocybin (COMP360) for treatment-resistant depression (2018), Usona Institute psilocybin for major depressive disorder (2019), and MindMed's MM120 (LSD) for generalized anxiety disorder (2024).
The FDA rejected Lykos Therapeutics' MDMA-assisted therapy for PTSD in August 2024 (Complete Response Letter requesting an additional Phase 3 trial after a negative advisory-committee vote); the FDA publicly released the CRL in September 2025. Lykos cut roughly 75% of staff, pursued an independent data review plus a new Phase 3 trial, and has been rebranding.
On April 18, 2026, President Trump signed 'Accelerating Medical Treatments for Serious Mental Illness,' directing the FDA to prioritize psychedelic review, the DEA to reduce research barriers, HHS to allocate $50M via ARPA-H to match state investments, and the FDA/DEA to build a Right-to-Try access pathway for investigational psychedelics including ibogaine.
On April 24, 2026, the FDA issued Commissioner's National Priority Vouchers to three companies developing serotonin-2A agonist psychedelics — Compass Pathways (psilocybin/COMP360 for TRD), Usona Institute (psilocybin for MDD), and Transcend Therapeutics (methylone/TSND-201 for PTSD) — and signaled imminent final guidance for these developers.
The DEA increased 2026 production quotas for research psychedelics (e.g. 5-MeO-DMT and methylone to 30,000g each) and asked HHS to review psilocybin's scheduling, but left 2026 quotas for MDMA, LSD, ibogaine, and mescaline unchanged.
Introduced December 2025 by Sens. Cory Booker (D-NJ) and Rand Paul (R-KY) with Reps. Madeleine Dean (D-PA) and Nancy Mace (R-SC); would expand the 2018 federal Right to Try law to give eligible terminally-ill patients protected access to Schedule I substances (psilocybin, MDMA, ibogaine) that have cleared at least Phase 1 trials.
The VA and HHS signed an MOU (April 2026) to coordinate psychedelic drug trials under the executive order, with nine VA facilities already in clinical studies. Pending bills include the Innovative Therapies Centers of Excellence Act (roughly $30M/yr for 5+ VA hubs studying MDMA, psilocybin, ibogaine, and DMT) and a bill to create a VA Office of Novel Therapeutics.
U.S. States
No U.S. state has fully "legalized" psychedelics in the recreational sense. Instead, states cluster into four groups: those with regulated therapeutic access, those funding research and pilots, those with decriminalization (often city-level), and those considering reform. Only states with meaningful policy are listed.
Therapeutic Access 3
Oregon
Legal supervised therapeutic access
Measure 109 (2020) created the first U.S. regulated psilocybin services system; service centers began serving clients in mid-2023. By early 2026 roughly 22-23 service centers operated (of ~35 licensed) with nearly 400 active facilitators and an estimated 15,000-16,000 clients served, though the program faces budget shortfalls and local bans in most counties. Measure 110 (2020) also decriminalized personal drug possession, but that broader policy was largely rolled back in 2024.
Proposition 122 / Natural Medicine Health Act (2022) decriminalized personal use of psilocybin, psilocin, DMT, ibogaine, and mescaline (excluding peyote) for adults 21+ and created a regulated 'healing center' model; first facilitator licenses were issued in January 2025 and first healing-center licenses on March 24, 2025. In 2025 the state moved toward adding ibogaine as a natural medicine and established an ibogaine research pilot (up to five sites).
The Medical Psilocybin Act (SB 219) was signed April 7, 2025 (effective June 20, 2025) — the first state to legalize psilocybin therapy through legislation rather than a ballot measure. Qualifying conditions include treatment-resistant depression, PTSD, substance use disorders, and end-of-life care; the Department of Health targets first licensed patient sessions by the end of December 2026. It appropriated $1M to DOH and $500K for UNM research.
Gov. Greg Abbott signed SB 2308 in June 2025, committing $50M to a consortium conducting FDA clinical trials of ibogaine for addiction and brain trauma — the largest publicly funded psychedelic research initiative worldwide. The state retains rights to at least 20% of any resulting successful drug, with a portion earmarked for veterans. Texas also passed a 2021 psilocybin study law (HB 1802).
Gov. Phil Murphy signed the Psilocybin Behavioral Health Access and Services Act on January 20, 2026, creating a state-run, hospital-based psilocybin research pilot at three hospitals with $6M in funding for conditions like PTSD and treatment-resistant depression, and reducing possession penalties. It does not create open public access.
SB 266 (2024) created a three-year pilot allowing licensed providers at University of Utah Health and Intermountain Health to administer psilocybin and MDMA in controlled settings; there is no general decriminalization. It follows an HB 167 (2022) task force.
Connecticut authorized a psilocybin/MDMA therapy pilot study in 2022 and appropriated modest research funding; personal possession remains a criminal offense.
Arizona funds a state psilocybin research grants program. Some aggregator sources describe personal-use decriminalization contexts for natural psychedelics, but that scope should be confirmed against primary sources before relying on it; MDMA and LSD are not included.
No statewide legalization (bills vetoed); local decriminalization only
SB 58, which would have decriminalized personal possession of certain plant-based psychedelics, passed the legislature but was vetoed by Gov. Newsom in October 2023. Several cities (Oakland, Santa Cruz, and others) have deprioritized enforcement.
No statewide legalization (ballot failed); local decriminalization only
Question 4 (November 2024), which would have legalized regulated therapeutic access to five natural psychedelics plus home cultivation, was defeated roughly 56%-43% (its home-grow provisions were cited as a factor). Several cities (Somerville, Cambridge, Northampton) had previously decriminalized.
SB 5263 (2023) funded a psilocybin advisory work group and pilot studies; Tacoma decriminalized natural psychedelics (January 28, 2025) and Seattle had deprioritized earlier. There is no statewide legal-access system yet.
Ann Arbor (September 2020), Detroit (Proposal E, November 2021), Ferndale (February 2023) and other cities made entheogenic plant/fungi enforcement the lowest police priority; there is no statewide reform.
Initiative 81 (Entheogenic Plant and Fungus Policy Act) was approved by roughly 76% of voters in November 2020 and took effect March 16, 2021, making enforcement against psilocybin mushrooms and entheogenic plants the lowest police priority.
SB 242 (2023) created a 15-member Psychedelic Medicines Working Group under HHS to study psilocybin/psilocin and develop a plan for safe therapeutic access; subsequent legalization bills have been introduced but not enacted.
Sen. Rachel Ventura's CURE Act (Compassionate Use and Research of Entheogens Act) would legalize supervised psilocybin use at licensed service centers and create a Psilocybin Advisory Board; it is advancing but not yet enacted as of mid-2026.
The Task Force on Responsible Use of Natural Psychedelic Substances (created 2024) recommended in November 2025 that lawmakers decriminalize and move toward clinical and adult use of psilocybin, DMT, and mescaline.
The Psychedelic Medicine Task Force (established 2023) recommended a state-regulated therapeutic psilocybin program, removing criminal penalties for personal psilocybin use, and funding research into MDMA, psilocybin, and LSD.
Outside the U.S., several countries have moved faster on medical access. Australia allows authorised psychiatrists to prescribe; Canada, Germany, Switzerland, and (from 2026) the Czech Republic offer compassionate-use or medical frameworks; and a few jurisdictions leave psilocybin effectively unregulated.
Australia
Legal prescribing by authorised psychiatrists
From July 1, 2023, TGA rescheduling lets specifically authorised psychiatrists prescribe MDMA for PTSD and psilocybin for treatment-resistant depression under the Authorised Prescriber Scheme (with ethics-committee approval). First patients were treated in January 2024; by September 2025, about 87 patients had been treated with MDMA and 47 with psilocybin, with no serious adverse events recorded.
Access via Special Access Program + clinical trials
Psilocybin and MDMA have been available since January 2022 through Health Canada's reopened Special Access Program for serious or life-threatening conditions when other options are exhausted; of 471 SAP applications since 2022, about 318 (68%) were approved as of November 2024. Clinical trials and Section 56 exemptions also provide access.
On July 11, 2025, Germany's BfArM approved the EU's first psilocybin Compassionate Use Programme for treatment-resistant depression; two sites (the Central Institute of Mental Health in Mannheim and OVID Clinic Berlin) can administer Filament Health's botanical psilocybin (PEX010) within a broader psychiatric protocol.
Medical framework effective 2026 (EU-first full framework)
An amendment to the Criminal Code plus a government regulation (approved late 2025) allow, from 2026, psychiatrists to administer psilocybin for defined conditions (cancer-related depression, serious non-psychotic depression, life-threatening worsened mental states) when registered treatments are ineffective or not tolerated — the first EU member state with a full legal medical-psilocybin framework.
Under Swissmedic exceptional authorizations, roughly 100 physicians in 2024 held authorizations to treat 723 patients with MDMA (245), LSD (130), or psilocybin (348) for otherwise-untreatable conditions where alternatives have failed.
Psilocybin truffles legal; MDMA under state review
Psilocybin-containing 'magic truffles' remain legally sold and used in retreat settings; in 2023 the Dutch government established an independent state commission to evaluate the medical use of MDMA.
Psilocybin is not a controlled substance in Jamaica; possession, cultivation, and use of psilocybin mushrooms are legal, making the country a major hub for psychedelic wellness retreats and tourism.
The milestones that shaped today's landscape — ballot measures, state laws, FDA and DEA actions, and international rescheduling — newest first.
2026
Apr 24, 2026
US (federal)
The FDA issued National Priority Vouchers to Compass Pathways (psilocybin), Usona Institute (psilocybin), and Transcend Therapeutics (methylone) to fast-track review. ↗
Apr 18, 2026
US (federal)
President Trump signed the executive order 'Accelerating Medical Treatments for Serious Mental Illness,' directing the FDA/DEA/HHS/VA to speed psychedelic research and access. ↗
Apr 2026
US (federal)
The VA and HHS signed an MOU to coordinate psychedelic clinical trials and data-sharing under the executive order. ↗
Jan 20, 2026
New Jersey
Gov. Murphy signed the Psilocybin Behavioral Health Access and Services Act, creating a $6M hospital-based psilocybin research pilot. ↗
2025
Dec 2025
Czech Republic
The government approved regulations allowing medical psilocybin use from 2026 — the first full EU medical framework. ↗
Dec 2025
US (federal)
Sens. Booker and Paul (with Reps. Dean and Mace) introduced the Freedom to Heal Act to extend Right to Try to Schedule I psychedelics past Phase 1. ↗
Nov 2025
Maryland
The state task force recommended decriminalization and clinical/adult use of natural psychedelics. ↗
Sep 4, 2025
US (federal)
The FDA publicly released the Complete Response Letter detailing its rejection of Lykos' MDMA therapy. ↗
Jul 11, 2025
Germany
BfArM approved the EU's first psilocybin Compassionate Use Programme for treatment-resistant depression. ↗
Jun 2025
Texas
Gov. Abbott signed SB 2308, committing $50M to ibogaine clinical trials — the largest publicly funded psychedelic research initiative worldwide. ↗
Apr 7, 2025
New Mexico
Gov. Lujan Grisham signed the Medical Psilocybin Act (SB 219), the first state to legalize psilocybin therapy by legislation. ↗
Mar 24, 2025
Colorado
Colorado issued its first healing-center (regulated psilocybin access) licenses. ↗
Jan 28, 2025
Tacoma, WA
City Council decriminalized natural psychedelics. ↗
Jan 2025
Colorado
Colorado began issuing psilocybin facilitator licenses. ↗
2024
Dec 2024
Minnesota
The state Psychedelic Medicine Task Force recommended a regulated therapeutic psilocybin program and decriminalizing personal psilocybin use. ↗
Nov 5, 2024
Massachusetts
Voters defeated Question 4 (~56%-43%), rejecting regulated therapeutic access to five natural psychedelics. ↗
Aug 9, 2024
US (federal)
The FDA rejected Lykos' MDMA-assisted therapy NDA via Complete Response Letter, requesting an additional Phase 3 trial. ↗
Jul 2024
Maryland
Maryland authorized the Task Force on Responsible Use of Natural Psychedelic Substances. ↗
Jun 2024
US (federal)
An FDA advisory committee voted against Lykos' MDMA-assisted therapy for PTSD, citing efficacy, functional-unblinding, and trial-conduct concerns. ↗
Mar 2024
Utah
Utah enacted SB 266 creating a psilocybin/MDMA medical pilot at University of Utah Health and Intermountain Health. ↗
Mar 2024
US (federal)
MindMed's MM120 (LSD) received FDA Breakthrough Therapy designation for generalized anxiety disorder. ↗
Jan 2024
Australia
First Australian patients received psychedelic-assisted therapy under the Authorised Prescriber Scheme. ↗
2023
Oct 2023
California
Gov. Newsom vetoed SB 58, which would have decriminalized possession of certain plant-based psychedelics. ↗
Jul 1, 2023
Australia
Authorised psychiatrists could begin prescribing MDMA for PTSD and psilocybin for treatment-resistant depression. ↗
Jun 2023
Nevada
Gov. Lombardo signed SB 242 creating a state Psychedelic Medicines Working Group. ↗
Jun 2023
Oregon
Oregon's first licensed psilocybin service centers began serving clients. ↗
Feb 27, 2023
Ferndale, MI
Ferndale became the fourth Michigan city to decriminalize entheogenic plants and fungi. ↗
Feb 3, 2023
Australia
The TGA announced rescheduling of MDMA and psilocybin to allow authorised-psychiatrist prescribing from July 2023. ↗
Jan 2, 2023
Oregon
Oregon began accepting psilocybin services license applications. ↗
2022
Nov 8, 2022
Colorado
Voters approved Proposition 122 (Natural Medicine Health Act), decriminalizing five natural psychedelics and creating a regulated healing-center model. ↗
Mar 2022
Utah
Utah enacted HB 167 creating a task force to study psilocybin and MDMA. ↗
Jan 5, 2022
Canada
Health Canada reopened the Special Access Program to psilocybin and MDMA for serious/life-threatening conditions. ↗
2021
Nov 2021
Detroit, MI
Voters passed Proposal E decriminalizing entheogenic plants. ↗
Jun 2021
Texas
Texas enacted HB 1802 directing a state study of psilocybin, MDMA, and ketamine for veterans. ↗
Voters approved Measure 109, creating the first U.S. regulated psilocybin services system (and Measure 110 decriminalizing personal drug possession). ↗
Nov 3, 2020
Washington, D.C.
Voters approved Initiative 81 (~76%), making entheogenic plant/fungi enforcement the lowest police priority. ↗
Sep 2020
Ann Arbor, MI
City Council made investigation/arrest for entheogenic plants and fungi the city's lowest law-enforcement priority. ↗
This guide is compiled by Psychedelic Invest from government sources, legal analyses, and reputable reporting (each item links its source). It is provided for informational purposes only and is not legal advice. For deeper coverage, see our news and PRO reports.