Where psilocybin stands in 2026, in plain English: federal law, the states with licensed programs, the cities that have stepped back from enforcement, and how we handle your order.
The short answer
Psilocybin is illegal under federal law and in most states. Oregon and Colorado are the only states with legal, licensed access, for adults 21 and older, and Colorado has also decriminalized personal use. New Mexico is launching a medical program. More than a dozen cities, including Seattle, Denver, Oakland and Detroit, treat enforcement as a low priority, and the FDA is reviewing the first psilocybin medicine.
Under the federal Controlled Substances Act, psilocybin and psilocin are Schedule I, the most restrictive category. Growing, selling or possessing them is a federal offense in every state, and no state or city law changes that.
What's changing is the pace. The FDA has given Breakthrough Therapy status to psilocybin treatments for depression. On April 18, 2026, Executive Order 14401 directed the FDA to prioritize and speed up its review of breakthrough psychedelic treatments for serious mental illness, and the Attorney General, who oversees the DEA, to begin rescheduling reviews once a drug completes Phase 3 trials. Days later, the FDA awarded priority review vouchers to two psilocybin programs, from Compass Pathways and the Usona Institute.
Compass expects to finish its application by the end of 2026, which could put a decision in early 2027. An approval would cover one specific psilocybin medicine given under medical supervision. It would not legalize mushrooms, and the DEA, followed by each state, would still have to reschedule that one product.
The law is still on the books, but police and prosecutors treat personal use as a low priority, or the state removes criminal penalties for personal use. Selling stays illegal.
The state licenses who can grow, test and provide psilocybin, and adults can use it within that system. Today that means Oregon's service centers and Colorado's healing centers.
Where things stand as of October 2026. In any state not named below, psilocybin is fully illegal and nothing has changed for consumers.
| State | What the law says |
|---|---|
| OregonLegal, licensed | Legal at licensed service centers for adults 21+, with a trained facilitator (Measure 109; open since 2023). Psilocybin is taken on site. Possession outside the program became a misdemeanor again on September 1, 2024 (HB 4002). |
| ColoradoLegal, licensedDecriminalized | Adults 21+ can possess, use, grow and share psilocybin mushrooms without criminal penalties (Proposition 122, 2022). Licensed healing centers offer supervised sessions; the first was licensed in April 2025. Selling mushrooms outside the licensed system is still illegal. |
| New MexicoMedical program coming | The Medical Psilocybin Act (2025) creates a state program for conditions such as treatment-resistant depression, PTSD, substance use disorders and end-of-life care. The Department of Health aims to launch it in December 2026, a year ahead of the legal deadline; its rules aren't final and no patients are enrolled yet. Outside the program, psilocybin is illegal. |
| District of ColumbiaLow priority | Initiative 81 (2020) made natural psychedelics, including mushrooms, among the lowest enforcement priorities for DC police. It is not legalization. |
| New JerseyReduced penalty | Since 2021, possessing an ounce or less is a disorderly persons offense rather than a crime. A 2026 law funds a hospital-based psilocybin pilot. Selling is illegal. |
| WashingtonIllegal, city reform | Illegal statewide. Seattle has treated entheogens as a lowest enforcement priority since 2021, as have Tacoma, Olympia, Port Townsend and King County. A 2023 law created a state task force and a limited university pilot, but no broad access program has passed. |
| CaliforniaIllegal, city reform | Illegal statewide; Governor Newsom vetoed a decriminalization bill (SB 58) in 2023. Oakland, Santa Cruz, Arcata, Berkeley and San Francisco treat personal use as a low enforcement priority. Los Angeles and San Diego have no such policy. A 2026 law funds veterans' psychedelic research but changes nothing for consumers. |
| MassachusettsIllegal, city reform | Voters rejected statewide decriminalization (Question 4) in 2024. Somerville, Cambridge, Northampton, Easthampton, Salem and a few other cities treat personal use as a low enforcement priority. |
| MichiganIllegal, city reform | Illegal statewide. Ann Arbor, Detroit, Ferndale, Hazel Park, Ypsilanti and Washtenaw County treat personal use as a low enforcement priority. |
| NevadaIllegal | Illegal statewide, including Las Vegas. A 2023 law set up a working group to study psilocybin and MDMA, but nothing has changed for consumers. |
| Research or trigger laws onlyIllegal | Alaska, Arizona, Connecticut, Georgia, Indiana, Louisiana, Maryland, Minnesota, Mississippi, Texas, Utah, Virginia and others fund research, run task forces or small medical pilots, or have laws that take effect only if the FDA approves a psilocybin medicine. Mushrooms remain illegal in all of them. |
| Every other stateIllegal | Psilocybin is fully illegal, with no change for consumers. |
About city resolutions: they tell local police and prosecutors to make psilocybin a low priority. They don't change state or federal law, and they don't apply outside city limits.
The questions we hear most, answered for the cities we serve.
No. Psilocybin is illegal under Washington law, but Seattle has treated entheogens as a lowest enforcement priority since 2021, and King County passed a similar resolution in 2026. We ship from Seattle and offer next-day delivery in the city.
Seattle deliveryNo. California hasn't decriminalized psilocybin, and neither city has a low-priority policy. Los Angeles orders can come by same-day local delivery, and San Diego orders arrive with two-day shipping.
Los Angeles delivery San Diego shippingNo. Nevada has studied psilocybin but hasn't changed the law, and Las Vegas has no local policy. Orders to Las Vegas ship tracked, in plain, unmarked packaging.
Las Vegas shippingFor adults 21+, personal possession, use, growing and sharing are allowed under Colorado law, and Denver made psilocybin its lowest enforcement priority in 2019. Buying and selling outside a licensed healing center is still illegal.
Denver shippingLaws set the rules. How a company operates decides your experience. Our team has four years of experience fulfilling orders like yours, with no issues, and every order gets the same careful handling.
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Orders placed by 2 PM PT, Monday–Friday, ship the same business day.
One honest note: no state's licensed program includes mail-order, so the laws where you live still apply to you. Check your state above, and if anything is unclear, ask us or a local attorney.
Rules differ by state and sometimes by city. A city resolution doesn't override state or federal law.
Even where enforcement is a low priority, possession can still carry legal consequences under state or federal law.
New laws, ballot measures and FDA decisions arrive every year. We review this page and update it when the law changes.
For questions about your situation, such as employment, housing or travel, talk to a licensed attorney in your state.
Oregon and Colorado are the only states with legal, licensed access for adults 21 and older, through supervised service centers in Oregon and healing centers in Colorado. Colorado also lets adults 21+ possess, grow and share mushrooms for personal use. New Mexico is building a medical program. In every other state psilocybin is illegal, though some cities treat enforcement as a low priority.
No. Governor Newsom vetoed a statewide decriminalization bill (SB 58) in 2023, so psilocybin is illegal under California law. Oakland, Santa Cruz, Arcata, Berkeley and San Francisco treat personal use as a low enforcement priority; Los Angeles and San Diego do not.
No. Psilocybin is illegal under Washington law. Seattle has treated entheogens as a lowest enforcement priority since 2021, which sets city police priorities but doesn't change state law.
Possibly soon. Compass Pathways' psilocybin treatment for treatment-resistant depression has a priority review voucher, and a decision could come in early 2027. An approval would cover one prescription medicine given under supervision, not mushrooms.
Decriminalized means the law is still on the books, but police treat personal use as a low priority or the state removes criminal penalties for it. Legal means the state licenses and regulates psilocybin, as Oregon and Colorado do.
Everything on this page is provided for general educational and informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by reading it. Laws governing psilocybin and other controlled substances vary significantly by jurisdiction and can change without notice.
My Mushroom Dispensary does not encourage or condone any activity that violates applicable law. If you need guidance on how psilocybin regulations apply in your specific location, we strongly recommend consulting a licensed attorney in your jurisdiction.
By using this website and purchasing our products, you acknowledge that you have independently reviewed the laws applicable in your area and that you accept full responsibility for complying with all relevant local, state, and federal regulations.
Last reviewed October 8, 2026. We update this page when the law changes.
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