The legal situation around different drugs is complicated in the US due to the number of different jurisdictions, types of legislation, and categorizations.
The use of most psychedelic substances is illegal throughout most of the US, but things appear to be changing. Here’s an in-depth look at the legal status of psychedelics in the US, where we are, and how the situation might change in the future.
- Most psychedelics are classified as Schedule I substances under U.S. federal law, meaning they are considered to have no medical use and a high potential for abuse.
- State laws on psychedelics vary, with some states legalizing or decriminalizing certain substances, while others are supporting research into their medical use.
- Growing interest in psychedelic-assisted therapy and clinical research is leading to legislative changes, including a new Presidential executive order to fast-track psychedelic research.
Psychedelics and the law
The main legislation supporting the US federal drug policy is the Controlled Substances Act (CSA). It was passed in 1970 and set out a regulatory framework and system for categorizing controlled substances. It sets rules and penalties around the manufacture, distribution, importation/exportation, possession, and use of potentially harmful drugs.[1]
Substances covered under the CSA are assigned to one of 5 levels, known as schedules. Schedule I drugs are the most potentially harmful and the most tightly controlled. Drugs categorized as Schedule V substances are considered to be the least harmful and are the least tightly controlled among the controlled substances, although they still pose some risks.
The majority of psychedelic drugs are listed as Schedule I substances. This includes LSD, psilocybin, psilocin, mescaline, and DMT.[2] This means that they are considered to have no therapeutic benefit and a high potential for abuse.[3]
However, ketamine, which also produces psychedelic effects, is listed as a Schedule III controlled substance due to its recognized medicinal uses.
| Substance | Categorization |
|---|---|
| LSD | Schedule I |
| Psilocybin | Schedule I |
| Mescaline | Schedule I |
| DMT | Schedule I |
| 5-MeO-DMT | Schedule I |
| 2C | Schedule I |
| Ketamine | Schedule III |
A brief history of psychedelic legislation in the USA
Before 1962, new drugs and medicines for the US market were subject to few, if any, controls. [4] Until this time, LSD was being studied widely as a potential therapy for many different conditions. Once the 1962 Kefauver-Harris Drug Amendments made research into LSD more challenging and expensive, research declined while recreational use increased.
LSD and other psychedelics became associated with counterculture movements and particularly with Professor Timothy Leary. Leary was a divisive figure whose recommendation to “turn on, tune in, drop out” fuelled mainstream concern and moral panic around the effects of potentially dangerous drugs, particularly psychedelics.
In 1970, US legislators passed the Controlled Substances Act, placing psychedelic drugs in the most tightly controlled and enforced sections of the rules with the harshest penalties. This law has remained virtually unchanged since that date, and the federal rules around psychedelic research and use are based on their potential for harm and medicinal properties. [1]
Current psychedelic legal status by state
| State | Legal status [5] |
|---|---|
| Alabama | No state legislation |
| Alaska | Failed initiative attempt, ongoing local campaign |
| Arizona | Failed legislation attempts, new bills introduced |
| Arkansas | No state legislation |
| California | Local reforms to support medicinal research |
| Colorado | Legalized/decriminalized |
| Connecticut | Medical research/trials ongoing |
| Delaware | No state legislation |
| Florida | Inactive/failed legislation attempts |
| Georgia | New and ongoing legislation attempts |
| Hawaii | Ongoing legislation attempts |
| Idaho | New legislation attempts |
| Illinois | Active legislation in progress |
| Indiana | Medical research ongoing |
| Iowa | Inactive/failed legislation attempts |
| Kansas | No state legislation |
| Kentucky | Medical research/trials ongoing |
| Louisiana | Active legislation in progress |
| Maine | Inactive/failed legislation attempts |
| Maryland | Medical research/trials ongoing |
| Massachusetts | Failed legislation attempts, new and ongoing legislation proposals, and local reforms to support decriminalization |
| Michigan | Active legislation in progress |
| Minnesota | Medical research/trials ongoing |
| Mississippi | Medical research/trials commencing soon |
| Missouri | Ongoing legislation attempts |
| Montana | Inactive/failed legislation attempts |
| Nebraska | No state legislation |
| Nevada | Medical research/trials ongoing |
| New Hampshire | Active legislation in progress |
| New Jersey | Reduced penalty and medical research ongoing |
| New Mexico | Medicinal access permitted |
| New York | Active legislation in progress |
| North Carolina | Failed/Inactive legislation |
| North Dakota | No state legislation |
| Ohio | Inactive/failed legislation attempts |
| Oklahoma | Active legislation in progress |
| Oregon | Legalized psilocybin |
| Pennsylvania | Trigger law introduced |
| Rhode Island | Active legislation in progress |
| South Carolina | No state legislation |
| South Dakota | Trigger law introduced |
| Tennessee | Active legislation in progress |
| Texas | Medical research/trials ongoing |
| Utah | Medical research/trials ongoing |
| Vermont | Active legislation in progress |
| Virginia | Trigger law introduced |
| Washington | Medical research/trials ongoing |
| West Virginia | Active legislation in progress |
| Wisconsin | No state legislation |
| Wyoming | No state legislation |
States where it is legalized or decriminalized
States have several options when it comes to loosening the legal status of psychedelics. Legalization means removing legal rules against possessing or using psychedelics. This is challenging, given their status as a Schedule I drug. Legalization also includes legalizing the supply of drugs, which opens up the possibility of regulation.
An alternative strategy is decriminalization.[6] Under decriminalization, the act remains illegal, but any criminal consequences are removed. This prevents the development of industries or regulatory bodies. Reduced penalty occurs when a state lowers the criminal repercussions of possessing or using a particular drug but does not remove them entirely. Possession might be decreased from a felony to a misdemeanor, for example.[7]
Colorado
In 2022, Colorado passed a ballot initiative creating a regulatory framework for the legal and regulated use of psychedelics, which can be offered in “healing centers”. The legislation currently only covers psilocybin and psilocin but may be expanded in 2026 to include DMT, ibogaine, and mescaline, although these substances are currently decriminalized in the state.
New Jersey
Penalties for personal use of psilocybin were reduced from 3-5 years' imprisonment and a fine of up to $35,000 to up to six months in prison and a fine of up to $1000. New bills have also been passed that create pilot programs for psilocybin therapy and a Psychedelic Therapy and Research Advisory Board.
New Mexico
In 2025, the Medical Psilocybin Act was signed into state law, establishing the third US state-regulated psilocybin access program, which will commence later in the year.
Oregon
Oregon was the first state (2020) to legalize psilocybin for therapeutic purposes. It also decriminalized the personal possession of all drugs, including psychedelics. Much of this decriminalization was reversed in April 2024, but psilocybin remains legal for medical uses, which include the treatment of mental health conditions.
New bills have been introduced to permit ibogaine treatment and to expand the state’s psilocybin access.
States where medical research is allowed
Connecticut
In 2021, a working group was created to explore the therapeutic benefits of psilocybin. Further legislation has earmarked funds for pilot programs for psilocybin and MDMA-assisted therapies, and these programs may be expanded in 2026.
Indiana
In 2024, a psilocybin research program was enacted, which has since been funded with $600,000. A bill introduced in 2026 would allow some practitioners to provide psilocybin treatments to individuals with life-threatening conditions.
Kentucky
The Ibogaine Research and Intellectual Property Fund has been enacted in Kentucky, which will commence clinical trials for ibogaine as an opioid dependence treatment.
Maryland
In 2024, the Task Force on Responsible Use of Natural Psychedelic Substances was approved, with the aim to create a program of broad, equitable, and affordable access to psychedelics for therapeutic purposes. This has since been extended, and further funds have been allocated for ibogaine treatments.
Minnesota
A task force was established in 2023 to study the effectiveness of psychedelic medicines and compare them to conventional treatments. This task force has recommended the decriminalization of psilocybin and the development of psychedelic therapy programs. Bills were introduced in early 2026 to establish these recommendations.
Mississippi
Three bills were introduced in 2026 proposing the creation of ibogaine research or pilot programs. Although two of three died in committee, one bill was passed in March, permitting ibogaine drug development trials to commence later in the year.
Nevada
Legislation has been passed to create a working group to make it easier for research institutions to study the effects of psilocybin, while more recently, bills have been introduced that would further research and use of a range of psychedelic-assisted therapies.
Texas
Research is permitted for the use of psychedelics, including ibogaine, psilocybin, MDMA, and ketamine, to treat PTSD and other mental health conditions.
Utah
The state permits clinical trials investigating psychedelic-assisted therapies and pilot programs for MDMA and psilocybin treatments.
Washington
A psilocybin therapy pilot program has been active since 2023. Various jurisdictions have deprioritized entheogen laws.
States with ongoing local reforms
Alaska
In 2024, Alaska established a task force to prepare for the potential legalization and regulation of psychedelics for medical use. The final report was released in February 2026, which included recommendations for state policies should psychedelic therapies be FDA-approved.
In 2025, the Alaska Natural Medicine Act was filed, which aimed to decriminalize and regulate psychedelics. Sufficient signatures were not collected for it to appear on the 2026 ballot, and the campaign will continue for the 2028 ballot.
Arizona
Despite failed legislation attempts in recent years, new psychedelics-related bills have been introduced in early 2026, including $10 million in funds for researching MDMA-assisted PTSD treatment. The state’s 2026 budget includes $5 million for ibogaine studies.
California
Several major cities in California, including Oakland, Santa Cruz, Arcata, Berkeley, and San Francisco, have all designated personal use of some psychedelics as the lowest priority for law enforcement. The city of Oakland has prohibited the use of public funds to support the criminal prosecution of adults possessing or taking hallucinogenic plants or compounds derived from them.
Several bills were introduced in 2025 aiming to provide access to psychedelic therapies for veterans and to enable psychedelic-focused research.
Georgia
Bills introduced in 2026 propose pilot programs for psychedelic treatments, including ibogaine, for veterans and retired first responders.
Hawaii
Newly introduced bills propose pilots and research for psychedelic-assisted therapies.
Idaho
A new pilot program has been proposed in 2026 that would provide psychedelic-assisted therapies, including psilocybin, ibogaine, and MDMA.
Illinois
Illinois has ongoing legislation aimed at establishing an advisory board, creating a regulated industry, and reducing criminal penalties for psilocybin and psilocin.
Indiana
Legislation is currently underway, designed to create a research fund to be administered by the Department of Health to study the therapeutic uses of psilocybin.
Louisiana
A bill was introduced in February 2026 to create a psychedelic-assisted therapy research program.
Massachusetts
Statewide ballot initiatives have failed to pass, but some local reforms have been enacted. The cities of Somerville, Cambridge, Northampton, and Easthampton have all designated the possession and use of hallucinogenic plants to be the lowest law enforcement priority. Several areas, including Salem, have also ruled that no public funds should be used to support criminal penalties for these acts.
In 2026, bills have been introduced to propose pilot programs for psychedelic-related research.
Missouri
New bills have been introduced that propose the development of pathways for psilocybin and ibogaine research and treatments.
Michigan
Ballot initiatives are underway to decriminalize Schedule I and II substances and legalize some psychedelic substances.
New Hampshire
New bills are being considered that would support ibogaine and psilocybin therapies.
New York
Multiple pieces of relevant legislation are in process, including the establishment of ibogaine and psilocybin therapies and research. Other bills seek decriminalization and legalization of psychedelic substances, as well as provide protections for those using these substances legally.
Oklahoma
In 2026, bills have been introduced to develop frameworks for and the commencement of ibogaine research.
Pennsylvania
In January 2026, the state introduced a trigger law that would reschedule pharmaceutical psilocybin once it is FDA-approved and rescheduled by the DEA.
Rhode Island
New legislation is in progress to legalize psilocybin and develop therapeutic programs.
South Dakota
A trigger law was introduced in 2026 that will change state scheduling of synthetic psilocybin upon FDA and DEA approval.
Tennessee
Bills introduced in 2026 would support ibogaine research.
Vermont
A working group was established in 2024 to review the use of psychedelics as therapeutic drugs and provide recommendations for future legislation. In 2026, a bill was introduced that would establish a Psychedelic Therapy Advisory Board and provide $300,000 toward ibogaine research.
Virginia
A trigger law was introduced in 2026 that will change state scheduling of therapeutic psilocybin upon FDA and DEA approval.
West Virginia
New bills seek to further ibogaine research and psilocybin treatments. A trigger law was enacted in April 2026, relating to therapeutic psilocybin.
Psychedelic research and how it affects the law
Psychedelics are some of the oldest drugs known, and their properties have been acknowledged for hundreds, if not thousands, of years. Scientific research into their mechanism of action and effects is far more recent.
LSD was first synthesized in 1938, and researchers quickly became interested in its psychedelic effects. Between 1951 and 1966, around 1000 articles described the results of experimentation with LSD, with a particular focus on its role in assisting psychotherapy.[8] Many of these were funded by the federal government.[9]
See also: DMT Therapy, Psilocybin Therapy, and Ibogaine Treatment
The high level of interest in LSD research began to decline in the US during the 1960s and was almost entirely eradicated by the 1970s.[8] While several factors influenced this change, the Controlled Substances Act (CSA), which was passed in 1970, had a significant impact.
The CSA presents significant barriers for researchers trying to access controlled substances (especially Schedule I controlled substances) for research purposes. This increases both administrative effort and the costs of research.[6] Funding may also be more scarce, especially from pharmaceutical companies, given the limited prospects for monetising any therapeutic effects.[10]
Even where research into Schedule I drugs may be possible, a substance’s inclusion on that list reduces research interest and medical knowledge. Heroin research is similarly almost non-existent in the US but popular within the UK, where it is permitted for medical purposes.[10]
Even now, as interest in the therapeutic benefits of psychedelic substances is increasing dramatically, countries with less restrictive drug laws are taking the lead in research. The Dutch government, for example, is taking active steps to prioritize research into these drugs.[11]
Religious and cultural exemptions
Some rare exceptions allowing legal hallucinogen use can be found in specific religious and cultural practices. The most notable of these is the Native American Church, which is legally permitted to use peyote in religious ceremonies.[3]
The Native American Church isn’t a single religious entity. Instead, it is a collection of different tribes, beliefs, and practices. All of these groups use peyote as part of their traditions. They formed the church in 1918 as a way to ensure that their practices would be accepted. These efforts were effective, as laws passed in 1978 and 1994 allow federally recognised Native Americans to use, harvest, and transport peyote (but not other hallucinogens).[12]
For most states, only Native American religious purposes are considered legal uses of peyote. Other states, including Arizona, permit any religious or spiritual uses of peyote. Using the Religious Freedom Restoration Act, two Brazilian ayahuasca religions have also been able to gain exceptions permitting their use of psychedelics in religious ceremonies.[13]
Many of the state laws around the legalization and decriminalization of psychedelics have specifically excluded peyote, a psychedelic commonly used by Native Americans in traditional spiritual practices. This is a slow-growing plant that is facing habitat loss. Native American groups have asked that this plant be excluded from relaxing legal rules around psychedelic use to preserve it for their traditional purposes.
Public backlash and opinion
Even in areas where voters have supported increased access to psychedelics, public opinion has not always been consistent. Despite Oregon legalizing the use of psilocybin, for example, several counties and cities have put bans in place. This has sometimes been attributed to concerns around the fentanyl crisis.[14]
Similar issues are found in Colorado, where concerns about the risks associated with psychedelic use are leading to calls for increased restrictions on treatment centers.[15]
Global psychedelic laws
The US has some of the tightest laws controlling psychedelics in the world. Many other countries have less stringent rules. Specific psychedelic mushrooms or truffles are legal in Brazil, the Bahamas, the British Virgin Islands, Jamaica, Nepal, the Netherlands, and Samoa.
In other cases, countries have not passed any legislation concerning certain psychedelic substances. The Netherlands, for example, hasn’t included ibogaine in drug classification systems, leaving it in a legal gray area.
In Switzerland, MDMA, psilocybin, and LSD can be used for therapeutic purposes under tightly controlled circumstances. Other European countries, such as Spain and Portugal, have decriminalized possession for personal use, while Canada is reducing enforcement of laws around psilocybin and peyote.
The future of psychedelics in America
Cannabis has taken a path towards legalization through the state rather than the federal route, although changes on a federal level may be upcoming. The same path may be open to psychedelics if they can be demonstrated to be both safe and effective in ongoing clinical trials.[17] There does seem to be some momentum to move towards increasing decriminalization and legalization. In the last few years, many states have introduced or passed changes in legislation to further psychedelic-related therapy research. [17]
On a federal level, the opportunities for further research into the use of psychedelics in America are increasing. In April 2026, President Trump signed an executive order that aims to fast-track research and rescheduling of Breakthrough Therapy psychedelic substances, including psilocybin and ibogaine. [18]
Given the bills recently submitted to state legislatures, some academics and healthcare professionals are concerned that controls around psychedelic use may be loosened in advance of the results of medical research around safety and efficacy.[19]
Recent years have also seen an increase in the number of Americans attending "wellness retreats" or "healing centers" overseas to access psychedelic drugs. This includes groups not typically associated with counterculture movements, such as veterans, who are seeking relief from serious conditions such as PTSD.[20] There appears to be a growing appetite for the use of psychedelics within the wellness and well-being industries, which states may be keen to facilitate.
Disclaimer
This page is for informational purposes only. No guarantees are made regarding its accuracy or completeness, and it does not constitute legal advice. Consult a lawyer in your jurisdiction before engaging in any activity that may involve legal risk or penalties.
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