The legal landscape · 2026-09-22
Where psilocybin and ibogaine stand.
Both remain Schedule I under federal law. The states are moving anyway: licensed programs, funded trials, task forces. Here is every state we could source to its statute or its agency, checked on 2026-09-22.
Federal
Psilocybin and psilocyn are listed in Schedule I of the federal Controlled Substances Act regulations (21 CFR 1308.11(d)).
Ibogaine is listed in Schedule I of the federal Controlled Substances Act regulations (21 CFR 1308.11(d)).
Schedule I placement requires findings of high abuse potential, no currently accepted medical use in the US, and a lack of accepted safety under medical supervision.
Executive Order 14401 (April 18, 2026) directs FDA and DEA to establish a Right to Try pathway for psychedelic drugs including ibogaine compounds, directs ARPA-H to allocate at least $50 million to partner with states, and directs rescheduling review for Schedule I products that complete Phase 3. It does not itself reschedule psilocybin or ibogaine.
State by state
“No state program” means no state-level exception was found; federal law still applies everywhere.
| State | Psilocybin | Ibogaine |
|---|---|---|
| Oregon | Regulated program | No state program |
| Colorado | Regulated program | Decriminalized |
| New Mexico | Regulated program | No state program |
| Texas | No state program | State-funded research |
| Arizona | State-funded research | State-funded research |
| Kentucky | No state program | State-funded research |
| Mississippi | No state program | State-funded research |
| Oklahoma | No state program | State-funded research |
| Tennessee | No state program | State-funded research |
| Louisiana | Task force or study | State-funded research |
| Indiana | State-funded research | State-funded research |
| Washington | Task force or study | No state program |
| Utah | Task force or study | No state program |
| Minnesota | Task force or study | No state program |
| Maryland | Task force or study | No state program |
| Connecticut | State-funded research | No state program |
| New Jersey | State-funded research | No state program |
| Nevada | Task force or study | Task force or study |
| Alaska | Task force or study | No state program |
Oregon
psilocybin · Regulated program
Measure 109 (2020, codified as ORS 475A) created Oregon Psilocybin Services, which licenses service centers and facilitators; service centers began opening in summer 2023. Adults 21+ may participate without a prescription or Oregon residency, after a preparation session.
Colorado
psilocybin · Regulated program
Proposition 122 (the Natural Medicine Health Act, 2022) decriminalized personal use of five natural medicines for adults 21+ and created a regulated program limited to psilocybin and psilocyn; SB23-290 assigned licensing to the Department of Revenue, which began taking applications December 31, 2024 and issued the first healing center license on March 31, 2025.
ibogaine · Decriminalized
Personal use and possession of ibogaine was decriminalized under Proposition 122, but ibogaine is not yet offered in regulated healing centers. The Natural Medicine Advisory Board recommended adding it in 2025 (subject to the Nagoya Protocol), and HB26-1325 (signed June 4, 2026; effective August 12, 2026) creates an ibogaine research pilot program of up to five sites in the Behavioral Health Administration, funded by gifts, grants and donations.
New Mexico
psilocybin · Regulated program
The Medical Psilocybin Act (SB 219) was signed April 7, 2025 (Chapter 73) and directs the Department of Health to build a regulated medical psilocybin program for qualifying conditions; per the Department of Health it is to be implemented by December 31, 2026. It is a medical program being stood up, not yet a functioning access program as far as this research verified.
Texas
ibogaine · State-funded research
SB 2308 (signed and effective June 11, 2025) created a framework for a state-selected consortium to run FDA drug-development trials of ibogaine, with state funds released only against non-state matching funds. HHSC selected UTHealth Houston as lead, but found submitted plans did not meet the statute's requirements; the Lieutenant Governor and Speaker then said Texas will proceed with its own research program using the $50 million they allocated.
capitol.texas.govcapitol.texas.govhhs.texas.govltgov.texas.gov
Arizona
psilocybin · State-funded research
Arizona's FY 2024 budget included $5 million for competitive grants for clinical trials of whole-mushroom psilocybin and created a Psilocybin Research Advisory Council within the Department of Health Services.
ibogaine · State-funded research
Arizona's FY 2026 budget appropriated $5 million from the General Fund for Ibogaine Clinical Research Grants, to fund a certified clinical research study on ibogaine for neurological diseases; the state's biomedical research centre opened a grant solicitation (RFGA 2026-006).
Kentucky
ibogaine · State-funded research
SB 77 (2026) creates an ibogaine research framework administered through the Department of Agriculture; it became law when the legislature overrode the governor's veto on April 14, 2026. A $21 million opioid-settlement appropriation in the original bill was removed before passage, so the enacted law sets up the fund without that appropriation.
Mississippi
ibogaine · State-funded research
HB 314, the Ibogaine Drug Development Clinical Trial Act, was approved by the governor on March 26, 2026. It authorizes the State Department of Health to select a consortium for an FDA drug-development trial of ibogaine, with disbursement conditioned on non-state matching funds. The dollar amount of any appropriation was not verified in this research.
Oklahoma
ibogaine · State-funded research
HB 3834, the Oklahoma Breakthrough Therapy Act on ibogaine clinical trials, was approved by the governor on May 12, 2026. Funding amounts were not verified in this research.
Tennessee
ibogaine · State-funded research
The HOPE Treatment Act (SB 2149 / HB 2075) was signed May 27, 2026 (Public Chapter 1119). It authorizes a department-selected cohort to run FDA drug-development trials of ibogaine and limits administration in Tennessee to clinical trials at a hospital or qualified research facility under a Tennessee-licensed physician.
Louisiana
psilocybin · Task force or study
Act 956 (SB 43, 2026) creates a Psychedelic-Assisted Therapy Initiative in the Department of Health to identify academic health centers running clinical studies of psychedelic-assisted therapy; it is not substance-specific to psilocybin and creates no public access.
ibogaine · State-funded research
Act 956 (effective August 1, 2026) authorizes academic health centers to form consortia with drug developers for drug-development clinical trials with ibogaine, and allows the department to use opioid settlement funds, federal funds and donations. It became law without the governor's signature.
Indiana
psilocybin · State-funded research
Indiana has a therapeutic research fund (created by P.L.152-2024) that provides financial assistance to Indiana research institutions to study psilocybin; the 2025 budget act renamed it and expanded it to cover ibogaine.
ibogaine · State-funded research
House Enrolled Act 1001 (2025 state budget), effective July 1, 2025, expanded the fund to the therapeutic psilocybin and ibogaine research fund for clinical studies at Indiana research institutions. The amount of money in the fund was not verified in this research.
Washington
psilocybin · Task force or study
2SSB 5263 (2023, Chapter 364, partially vetoed) created a Health Care Authority psilocybin task force and, subject to appropriation, a University of Washington psilocybin therapy services pilot offered through FDA-approved pathways; the sections that would have built a state regulatory framework were vetoed.
Utah
psilocybin · Task force or study
S.B. 266 (2024, 'Medical Amendments') became law without the governor's signature on March 21, 2024. The introduced text authorized a qualifying healthcare system to run a behavioral health treatment pilot that may include Schedule I drugs under its direct supervision, reporting to the legislature before July 1, 2026, with repeal on July 1, 2027. The enacted (substituted) text was not machine-readable here, and the introduced text does not name psilocybin.
Minnesota
psilocybin · Task force or study
A 2023 Psychedelic Medicine Task Force recommended in January 2025 that the legislature create a state-regulated clinical psilocybin program, and 2026 Minnesota Laws Chapter 123 (S.F. 4401) requires the Office of Cannabis Management to publish recommendations for a psilocybin therapeutic use program by January 15, 2027. No program has been created yet.
Maryland
psilocybin · Task force or study
Chapters 792 and 793 of the Acts of 2024 created a Task Force on Responsible Use of Natural Psychedelic Substances to recommend how a Maryland access program could work; its authorization ends December 31, 2026.
Connecticut
psilocybin · State-funded research
Connecticut has a Department of Mental Health and Addiction Services psychedelic-assisted therapy pilot, run by a medical school, providing MDMA- or psilocybin-assisted therapy within FDA-approved research. Public Act 26-108 (approved June 4, 2026) opens it to adults 18+ meeting the medical school's clinical criteria and removes its previous end condition.
New Jersey
psilocybin · State-funded research
Nevada
psilocybin · Task force or study
Senate Bill 242 (2023) created a Psychedelic Medicines Working Group within the Department of Health and Human Services, which reported to the Legislature; its review also covered ibogaine.
ibogaine · Task force or study
The SB 242 working group report includes a section reviewing iboga/ibogaine; no Nevada ibogaine access or funding law was verified.
Alaska
psilocybin · Task force or study
House Bill 228 (2024) created a Psychedelic Medicine Task Force to prepare for possible future FDA approval of psychedelic medicines; the task force has filed a report with the Legislature.
Cities
Local measures set police priorities; they do not change state or federal law.
Denver, CO. Denver voters approved Initiative 301 on May 7, 2019, the first local measure to decriminalize personal possession of psilocybin mushrooms. In 2025 Denver adopted a local licensing ordinance for natural medicine healing centers under the statewide Proposition 122 framework.
Oakland, CA. On June 4, 2019 the Oakland City Council adopted a resolution making the investigation and arrest of adults for use of entheogenic plants on the federal Schedule I list among the city's lowest enforcement priorities.
Ann Arbor, MI. On September 21, 2020 the Ann Arbor City Council adopted a resolution making the investigation and arrest of people for personal use, growth and possession of entheogenic plants the city's lowest priority.
Seattle, WA. Seattle City Council Resolution 32021 (adopted October 2021) declared entheogen-related activities among the city's lowest law enforcement priorities and expressed support for full decriminalization; its recitals mention ibogaine and exclude peyote.
Santa Cruz, CA. Santa Cruz passed a measure making personal use and possession of entheogenic plants and fungi by adults 21+ among its lowest law enforcement priorities. Sourced only from a Denver city report quoting it, not from Santa Cruz's own records.
Checked 2026-09-22. The law moves; we re-check before every update. Hover a source to read the quote.