I get the same questions any time I tell someone that my law firm has a psychedelics practice group. One of the top 5 is: “is microdosing psilocybin legal?” The short answer is no. But like any area of the law, it’s complex. Today, I’ll dissect the legality of microdosing psilocybin.

What is psilocybin microdosing?

Psilocybin microdosing means taking very small amounts of psilocybin. People who microdose may avoid hallucinations but still experience other positive effects. As scientists continue to study the effects of microdosing, some studies show that it has positive effects on anxiety and depression.

What are the key psilocybin laws?

The federal Controlled Substances Act (CSA) schedules certain drugs into one of five schedules. Psilocybin is a Schedule I substance, meaning that it is illegal to possess, obtain, or produce. The feds believe psilocybin has no currently accepted medical use, a lack of accepted safety for use under medical supervision, and a high potential for abuse. This is pretty crazy (the FDA seems to believe otherwise), but it’s where we are.

As of today, no state has fully legalized psilocybin (Oregon did, but the program isn’t live yet). Many jurisdictions have decriminalized psilocybin, but that just reduces penalties and/or directs police not to prioritize enforcement. Like with cannabis, even statewide legalization can’t change federal law. But unlike with cannabis, we have no idea what the federal government will do when states roll out psilocybin programs.

Is microdosing psilocybin legal?
The short answer is no. The CSA schedules the chemical psilocybin with no thresholds. A large amount is as illegal as a small amount, though penalties may be different. Persons who microdose psilocybin in cities (for example) that have decriminalized it may be at lesser risk of local prosecution, but that’s it. Federal and even state authorities may still prosecute even microdosing. And there’s no protection at all for commercial activities.