VA Psilocybin law · Reviewed Nov 12, 2026
Psilocybin mushrooms remain illegal in Virginia, and simple possession is a felony.
Simple possession of a Schedule I substance is a Class 5 felony: 1–10 years in prison, or, at the court’s or jury’s discretion, up to 12 months in jail and a fine of up to $2,500, either or both. A first-offender deferral and dismissal may be available at the court’s discretion, with the accused’s consent.
Virginia has no psilocybin therapy program, according to the sources. Chapters 305 and 306 direct rescheduling only after FDA approval of a clinician-administered formulation and a federal scheduling order; the sources report that no psilocybin drug product was FDA-approved as of October 2026.
No city or county measures found in our sources.
The sources say spores themselves do not contain psilocybin or psilocin and are not separately named in Virginia’s schedule; mushrooms containing psilocybin remain controlled.
Our sources did not address amanita for Virginia. It is not federally controlled; check state food and drug rules.
No separate state rules for ibogaine, MDMA, LSD or ketamine were noted in our sources.
Virginia has a law that would let doctors prescribe an FDA-approved psilocybin medicine once federal approval and rescheduling happen. It does not legalize mushrooms.
April 6: Chapters 305 and 306 were approved, directing conditional rescheduling of an FDA-approved, clinician-administered formulation.
July 1: Chapters 305 and 306 took effect.
As of October, the reported FDA-approval and federal-scheduling triggers had not occurred; the acts had not changed current legality.
Number of states in each category. Virginia’s category is highlighted.
Access score from 0 (illegal) to 5 (licensed adult access).
Listings describe themselves; Pscilly does not sell psilocybin, and sellers outside a state program are labeled “not state-licensed.”
Psilocybin mushrooms remain illegal in Virginia, and simple possession is a felony.
Simple possession of a Schedule I substance is a Class 5 felony: 1–10 years in prison, or, at the court’s or jury’s discretion, up to 12 months in jail and a fine of up to $2,500, either or both. A first-offender deferral and dismissal may be available at the court’s discretion, with the accused’s consent.
Virginia has no psilocybin therapy program, according to the sources. Chapters 305 and 306 direct rescheduling only after FDA approval of a clinician-administered formulation and a federal scheduling order; the sources report that no psilocybin drug product was FDA-approved as of October 2026.
The sources say spores themselves do not contain psilocybin or psilocin and are not separately named in Virginia’s schedule; mushrooms containing psilocybin remain controlled.
Pscilly classifies Virginia as: illegal. Laws change often, so check the linked sources and current state rules.
Educational summary, not legal advice. Pscilly reviewed these laws on November 12, 2026 using the sources listed; laws change often, so confirm current rules with the state or a lawyer. Psilocybin remains a Schedule I controlled substance under federal law.
Pscilly is a mushroom directory and marketplace for the U.S., Canada, Europe and beyond, covering mushroom shops, licensed psilocybin centers, smart shops, retreats, mushroom brands, delivery services, events and deals. Listings come from the businesses themselves and from public sources, and every listing links to the business.