Schedule I Controlled Substance Updated 2026-04-23

Psilocybin Laws in Federal (United States)

Psilocybin remains a Schedule I controlled substance under the federal Controlled Substances Act. However, the FDA has granted psilocybin Breakthrough Therapy Designation for depression, and a 2026 executive order directed federal agencies to accelerate psychedelic research for veterans.

Current Legal Status

Schedule I Controlled Substance

Psilocybin is Schedule I under 21 U.S.C. § 812. First-offense personal possession carries up to one year; distribution up to 20 years. Federal prosecution for personal use in decriminalized states is rare.

Key Legislation

FDA Breakthrough Therapy Designation for treatment-resistant depression (COMPASS Pathways, 2018) and major depressive disorder (Usona Institute, 2019). Executive Order signed April 18, 2026 directing VA, DOD, and HHS to accelerate psilocybin and ibogaine research for veterans with PTSD.

Therapeutic Programs

No federally-licensed therapeutic program exists. FDA-regulated clinical trials are ongoing at multiple institutions. FDA Expanded Access (compassionate use) is theoretically available but rare in practice.

Clinical Trials

Phase 2 and 3 trials active at Johns Hopkins, NYU, UCSF, COMPASS Pathways, and VA sites. Search ClinicalTrials.gov for 'psilocybin' to find enrolling studies.

Advocacy Organizations

MAPS, COMPASS Pathways, Usona Institute, Healing Advocacy Fund, American Psychedelic Practitioners Association.

Related Resources

See how Federal (United States) compares to neighboring states and find therapy options for residents: