Drop 1: Spore is in development. Join the list for first access

Verified September 27, 2026

Where it is actually legal

Most of what gets written about this is either a year out of date or quietly wrong. Here is the plain version, with the federal picture stated first because it is the part people skip.

Informational only. This is not legal advice and it is not medical advice. We sell clothing.

Federal

Schedule I

Psilocybin remains a Schedule I controlled substance under federal law. Nothing below changes that.

  • Executive Order 14401, signed 18 April 2026, directs federal agencies to expedite research and review of psychedelics for serious mental illness. It does not reschedule anything and approves no drug.
  • Psilocybin has received an FDA priority review voucher.
  • The DEA has raised production quotas for psilocybin to support clinical trials.

By state

Seven states have done something

Every other state has no supervised-access or medical framework as of September 27, 2026. More than twenty states introduced psychedelic legislation in February 2026 alone, and seven bills became law by April.

  • Oregon

    Supervised access

    Supervised access, operational

    Measure 109 has been operational since 2023. Adults may access psilocybin only at a licensed service centre with a licensed facilitator. No take-home product. Over 100 service centres licensed statewide, serving roughly 16,000 clients to date.

  • Colorado

    Supervised access

    Supervised access plus personal decriminalisation

    Proposition 122 decriminalised personal possession and non-commercial sharing for adults 21 and over. Licensed healing centres provide supervised access; 34 are licensed. Commercial sale remains prohibited.

  • New Mexico

    Medical only

    Medical programme, first patients expected late 2026

    A strictly medical model limited to qualifying conditions such as treatment-resistant depression, PTSD, substance use disorders and end-of-life care, delivered under licensed healthcare providers.

  • New Jersey

    Pilot programme

    Hospital-based therapy pilot

    A six million dollar hospital-based psilocybin therapy pilot was signed into law in January 2026.

  • Washington

    Pilot programme

    University pilot programme

    A limited university-based pilot programme is authorised. There is no general supervised-access framework.

  • South Dakota

    Trigger law

    Trigger law pending FDA approval

    HB 1099 would automatically legalise prescription psilocybin upon FDA approval. Nothing is available today.

  • Minnesota

    Bill pending

    Bipartisan bill advanced

    A bipartisan bill advanced through committee in March 2026. No access framework exists yet.

Cities

Deprioritised, not legal

These jurisdictions have deprioritised enforcement of personal possession. Deprioritisation is not legalisation and creates no supervised-access infrastructure.

  • DenverColorado
  • OaklandCalifornia
  • Santa CruzCalifornia
  • San FranciscoCalifornia
  • SeattleWashington
  • DetroitMichigan
  • WashingtonDistrict of Columbia

Where this comes from

Spot an error or a change we have missed? Tell us and we will check it against the primary source and correct the record.