Education-only · Non-medical · Since 2016

Home Legal Status Texas

Texas

Psilocybin legal status, legislation & access — 2025

State status
Illegal
Federal scheduling
Schedule I
Key legislation
None statewide
Last reviewed
May 2025

Enforcement context

Psilocybin is a Penalty Group 2 substance under the Texas Controlled Substances Act. Possession is a state jail felony for amounts under one gram, escalating to a first-degree felony for quantities exceeding 400 grams. Texas does not permit municipalities to enact local decriminalisation ordinances, so no city-level exemptions exist. The legislature has passed targeted research authorisation bills: HB 1802 (2021) directed state universities to study psychedelic-assisted therapy. A later bill, HB 4813 (2025), passed the House but failed to become law. In 2025 Texas established a $50 million ibogaine treatment research consortium through SB 2308 (companion to HB 3717). No statewide decriminalisation or therapeutic access framework is in place.

Legislation

TX HB 1802 (87R) Enacted
Alternative Therapies Study for PTSD
Signed: June 18, 2021

Directed the Texas Health and Human Services Commission, in collaboration with Baylor College of Medicine and in partnership with a veterans hospital or military medical center, to conduct a study on the use of alternative therapies including MDMA, psilocybin, and ketamine for treating PTSD in veterans. Required a clinical trial on psilocybin for treatment-resistant PTSD and a review of the published literature on all three substances. Passed both chambers and was filed without the governor's signature, taking effect immediately on June 18, 2021. The state-funded research authorized under HB 1802 is associated with the STARLIGHT trial at Baylor College of Medicine, an open-label study of psilocybin-assisted therapy for veterans with PTSD (ClinicalTrials.gov NCT06888128).

Sponsors: Alex Dominguez (House), Stephanie Klick (House), Dustin Burrows (House), Four Price (House), Joe Moody (House), Donna Campbell (Senate)
Vote: House: 134–12 · Senate: 25–5 · House: 134–9
View full text →
TX HB 4014 (89R) Failed
Psychedelic Therapies Study Bill
Date: March 7, 2025

Would have established a state-backed study under the Texas Health and Human Services Commission on the use of psychedelic therapies — specifically MDMA, psilocybin, and ketamine — for treating PTSD, depression, and other mental health disorders. The bill required a final report to the Legislature by December 1, 2026 with recommendations to ensure patient access following any future FDA approval. Passed the Texas House on May 8, 2025 (115–31) and was sent to the Senate, where it was referred to the Senate Health & Human Services Committee on May 19, 2025 and received no further action before the 89th Regular Session adjourned sine die on June 2, 2025. Companion bill: SB 3005 (Sen. Cesar Blanco, D), which also did not advance.

Sponsors: John H. Bucy III (House), Tom Oliverson (House), Katrina Pierson (House), Ramon Romero Jr. (House), Aicha Davis (House), John Lujan (House)
Vote: House: 99–41 · House: 115–31
View full text →
TX HB 4813 (89R) Failed
FDA-Triggered Controlled Substance Rescheduling Bill
Date: March 13, 2025

Would have directed the Texas Department of State Health Services commissioner to reschedule any controlled substance under Texas state law 'as soon as practicable' after the U.S. Food and Drug Administration approves the substance for medical use or removes it from the federal controlled substances schedule. The bill was designed to work in tandem with HB 4014 (Bucy) to minimize delay in Texas patient access to FDA-approved psychedelic-assisted therapies such as psilocybin and MDMA. Passed the Texas House unanimously (146–0 on third reading) and was sent to the Senate, referred to Senate Health & Human Services on May 13, 2025, and received no further action before the 89th Regular Session adjourned sine die on June 2, 2025. Companion bill: SB 2997.

Sponsors: Tom Oliverson (House), Josey Garcia (House), Aicha Davis (House)
Vote: House: 142–0 · House: 146–0
View full text →
TX SB 2308 (89R) Enacted
Ibogaine Treatment Research Consortium Act
Signed: June 11, 2025

Establishes a public-private consortium — comprising an institution of higher education, a hospital, and a drug developer — administered by the Texas Health and Human Services Commission, to conduct FDA drug-development clinical trials of ibogaine for opioid use disorder, co-occurring substance use disorder, and other neurological and mental health conditions. Backed by $50 million in state matching funds, with Texas retaining a commercial interest in resulting intellectual property (a quarter of any state IP revenue directed to veterans programs). Described by supporters as the largest state-funded psychedelic research initiative to date. Enacted via the SB 2308 vehicle; the companion House measure was HB 3717 (Rep. Cody Harris), which was laid on the table subject to call. This is the bill referenced on the imicrodosing.net San Antonio page.

Sponsors: Tan Parker (Senate), Cody Harris (House)
Vote: Senate Committee on Health & Human Services: 8–0 · Senate: 27–4 · House: 134–4
View full text →

Frequently asked questions

Is psilocybin legal in Texas?

No. Psilocybin is a Penalty Group 2 substance in Texas, making possession a state jail felony (under 1 gram) to a first-degree felony (over 400 grams). Texas has authorised university research into psychedelic-assisted therapy but has no decriminalisation or therapeutic access framework.

Can cities in Texas decriminalize psilocybin?

No. Texas law prohibits municipalities from passing local ordinances that conflict with state controlled substance law. Unlike cities in Colorado, Oregon, or Massachusetts, Texas cities cannot enact local decriminalisation policies for psilocybin.

What psilocybin research is happening in Texas?

Baylor College of Medicine in Houston is an active STARLIGHT trial site (NCT06888128). UT Southwestern in Dallas and the University of Texas at Austin also have psychedelic research programmes, supported by state-authorised research mandates under HB 1802 (2021) and HB 4813 (2025).