Answers for the psychedelic-curious

Where are psychedelics legal or decriminalized in the US?

Federally, psilocybin is still illegal everywhere in the US. Under state law, the picture is different in a few places. As of October 2026, Oregon and Colorado run licensed programs for adults 21 and older, Colorado also decriminalizes personal use, and New Mexico is building a medical-only program. Dozens of cities have told police to treat enforcement as a low priority, but that is not legal protection.

By Troy Allen, Founder, Guides Collective Last updated: October 6, 2026

Laws in this area change quickly, so this page is dated and reviewed at least every quarter. It describes the law, not what any person should do. Rules differ by state, city, and substance, and a state program does not override federal law.

The federal baseline

Psilocybin and psilocin are Schedule I controlled substances under federal law. On April 18, 2026, a presidential executive order directed the FDA to speed its review of psychedelic drugs that hold Breakthrough Therapy designation, including psilocybin, but it did not reschedule psilocybin itself (Healing Maps). Compass Pathways, the company developing a synthetic psilocybin drug called COMP360, reports it expects to finish its FDA submission in the fourth quarter of 2026, with a possible launch in the first half of 2027 subject to FDA approval and DEA rescheduling (Compass Pathways, Q2 2026 results). Those are company projections, not decisions.

State by state: the three that matter

State	What state law allows	Who
Oregon	Psilocybin services at licensed service centers with a licensed facilitator. Services are limited to licensed service centers. Measure 109 (2020); services began in 2023.	Adults 21+
Colorado	Personal use is decriminalized under the Natural Medicine Health Act (Prop 122, 2022), and a licensed healing center program has been issuing licenses since 2025. Commercial retail sales are not allowed.	Adults 21+
New Mexico	Medical Psilocybin Act (SB 219, 2025) creates a medical-only program run by the Department of Health. Officials aim to see initial patients by the end of December 2026, a year ahead of the original deadline.	Patients with qualifying conditions

Oregon

Oregon's program is the longest-running. In 2025, the Oregon Health Authority reported 25 licensed service centers, 377 licensed facilitators, and 5,935 clients served (OHA 2025 Year End Data Summary). The law permits psilocybin services at a licensed service center only; the OHA has said the law does not provide a pathway for psilocybin consumed outside one (Hospice News, April 2026). A federal lawsuit by facilitators and patients argues the Americans with Disabilities Act requires in-home access for some homebound people. It is ongoing, and nothing about in-home access has changed in law yet.

Colorado

Colorado voters passed Proposition 122 in November 2022, making it the second state to decriminalize personal use of psilocybin and other natural psychedelics for adults 21 and older (Denver Health). Adults may grow psilocybin mushrooms in a locked space, possess them, and share them with other adults without payment (Colorado Natural Medicine Division FAQ). The first licensed healing center opened in March 2025 (Rocky Mountain PBS). For the full picture, see Is psilocybin legal in Colorado?

New Mexico

The Medical Psilocybin Act is for patients with conditions such as treatment-resistant depression, PTSD, substance use disorders, and end-of-life conditions, with other conditions the Department of Health may approve (Source NM). It is not a general adult-use program, and personal possession outside it remains illegal under state law.

Decriminalized is not the same as legal

"Decriminalized" usually means personal-use conduct is not prosecuted, or is a low enforcement priority, without creating a legal market. More than 30 US cities and counties have passed decriminalization or deprioritization measures; examples include Denver, Oakland, Santa Cruz, Seattle, Ann Arbor, and Cambridge and Somerville in Massachusetts (Mind Medicine Law, updated June 2026). These city measures are enforcement priorities only. They do not change state or federal law.

Other developments to watch

Several other states have set up task forces, advisory boards, or research funding for psychedelics, including Maryland, Nevada, Arizona, and Texas (ibogaine research funding) (Mind Medicine Law). These do not by themselves make any substance legal. Check the relevant state agency for current status.

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Frequently asked questions

Is psilocybin legal under federal law?+

No. Psilocybin and psilocin remain Schedule I controlled substances under federal law as of October 2026. State programs in Oregon, Colorado, and New Mexico change state law, not federal law. An April 2026 executive order speeds federal review of psychedelic drugs, but it did not reschedule psilocybin.

What's the difference between decriminalized and legal?+

Decriminalized generally means certain personal-use conduct is no longer prosecuted under state law, or is a low enforcement priority locally, but there is usually no legal market and no protection from federal law. A regulated program, like Oregon's service centers or Colorado's healing centers, is a licensed system with rules for who may provide services and where.

Which states have regulated adult psilocybin programs?+

Oregon and Colorado. Oregon's licensed service centers have operated since 2023. Colorado began licensing healing centers in 2025, and also decriminalizes personal use of psilocybin by adults 21 and older. New Mexico's program is medical-only and still being built.

Does a city decriminalization resolution make psilocybin legal there?+

No. City measures generally direct local police to treat enforcement as a low priority. They do not change state or federal law, so state and federal authorities can still enforce.

How often does this page change?+

Psychedelic law is moving quickly, so we review this page at least quarterly and update the "Last updated" date whenever the information is rechecked. Always confirm with the state agency linked in the sources before acting on anything here.

Sources

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This page is general information about the law, not legal advice, and laws change. It does not constitute medical advice, diagnosis, treatment, or therapeutic claims. If you are in crisis, call or text 988 (U.S.).