When could psilocybin be legal in Nevada?

When will psilocybin be legal in Nevada?

There's no date. Psilocybin and psilocin are Schedule I drugs under Nevada regulation⁹, no bill to change that is pending, and the next regular session of the Legislature starts on February 1, 2027¹¹. The nearest change on the record is federal: a possible FDA approval of a synthetic psilocybin medicine, which Nevada law would follow after the DEA reschedules it.

That would be a prescription drug given in a medical setting. It wouldn't make mushrooms legal to own, sell or take. For today's penalties, see the Nevada psilocybin law tracker.

Where is the FDA review of psilocybin?

The application to watch is Compass Pathways' filing for COMP360, which the company describes as its "proprietary formulation of synthetic psilocybin," for treatment-resistant depression. In its second-quarter report on August 5, 2026, Compass said its rolling application and the FDA's initial review were underway, "with some modules of the NDA submitted and on track to complete all modules in Q4," and that it expected a commercial launch "in first half of 2027, subject to FDA approval and following Drug Enforcement Administration (DEA) rescheduling"¹. Compass also said its national priority voucher "has the potential to accelerate filing review time to be completed within 1-2 months"¹. Those are the company's expectations, not FDA dates.

As of November 2, 2026, Compass hadn't filed a report with the SEC announcing that the submission was complete; its last current report was dated August 5².

The FDA has said that in April 2026 it issued national priority vouchers to companies studying psilocybin for treatment-resistant depression, psilocybin for major depressive disorder and methylone for PTSD. It added that "neither national priority voucher issuance nor Breakthrough Therapy designation constitutes an FDA determination of safety or effectiveness"³. The agency held a public hearing on September 14, 2026 on the possible future use of approved psychedelic drugs, covering provider training, patient safety, access and data collection, and took comments until October 5³. It announced its final guidance for psychedelic clinical trials on July 14, 2026⁴. Our news desk covered the Compass timeline and the September hearing.

What would the DEA have to do?

Schedule I is for drugs with no currently accepted medical use, so an FDA-approved drug can't stay there. When the DEA moved the cannabis-derived drug Epidiolex out of Schedule I in 2018, it said that once the FDA approved it, the drug "no longer meets the criteria for placement in schedule I"⁷.

Federal law sets a clock for this. For a newly approved drug that the Department of Health and Human Services recommends for Schedules II to V, the Attorney General must issue an interim final rule within 90 days of the later of two dates: receiving HHS's recommendation, or being notified of the approval⁶. Executive Order 14401, signed April 18, 2026, also directs the Attorney General to start and complete the review of any product containing a Schedule I substance that has finished Phase 3 trials for a serious mental health disorder, "so that rescheduling, if appropriate under 21 U.S.C. 811, may proceed as quickly as practicable for such specific products that are ultimately approved"⁵.

The words "specific products" matter. The 2018 Epidiolex order rescheduled only the approved drug: the bulk cannabis used to make it stayed in Schedule I⁷. If the DEA follows that pattern for an approved psilocybin medicine, psilocybin itself, and the mushrooms that contain it, would stay in Schedule I. We found no psilocybin rescheduling proposal in the Federal Register as of November 2, 2026, so the exact wording isn't known.

What happens in Nevada after a federal change?

Nevada has a follow-the-federal-government rule. NRS 453.2182 says that if a substance is rescheduled under federal law, the State Board of Pharmacy "shall similarly treat the substance" after 60 days from publication of the final order in the Federal Register, "unless within the 60-day period, the Board or an interested party objects." If no one objects, the Board adopts a final regulation without the usual findings. If someone does object, the Board has to decide the question itself, and its action is on hold until it adopts a regulation⁸.

Compass told investors that about 90% of the U.S. patient population lives in states that "intend to reschedule within 30 days after Federal DEA"¹. That's the company's figure, and it doesn't name the states. Nevada's statute says 60 days.

The state's own Psychedelic Medicines Working Group saw this coming. Its December 2024 report said legislation "may be needed" to reschedule psilocybin and other breakthrough therapies "if approved by the FDA"¹⁰. An approved drug would be available by prescription under whatever conditions the FDA sets, not sold in stores.

Could the 2027 Legislature legalize mushrooms?

It could, by passing a bill, but no bill text for 2027 exists yet; the only filings so far are bill draft requests. Nevada's Constitution has regular sessions start on the first Monday of February after the Assembly election and end by midnight Pacific time at the end of the 120th day, counting the first¹¹; in 2027 that's February 1 to May 31.

The record so far is short. In 2023, SB 242 created the study group that produced the Working Group report¹⁰; the law tracker explains how it started as a decriminalization bill. In 2025, AB 378 would have created an "Alternative Therapy Pilot Program" for psilocybin and other psychedelics under medical supervision; it was sent to the Assembly Ways and Means Committee on April 16, 2025, and no further action was taken¹³. The same session passed SJR 10, a resolution that changes no Nevada law but asks Congress to "Reschedule psilocybin, psilocin, DMT, ibogaine, mescaline and MDMA"¹⁴.

The Working Group's recommendations are still the clearest statement of where state policy could go. Its report called for legislation "to create and implement a regulated access program for psychedelic-assisted therapy as a pilot or full program," said legislation "may be needed" to "examine NRS statutes to reduce penalties for entheogenic plants and fungi," and said the Division of Insurance should develop a system during the 2025 to 2026 interim so that health insurance covers this care, bringing a bill to the 2027 session if needed¹⁰.

One request for 2027 is on file. On July 31, 2026, Assemblymember Max Carter, a primary sponsor of AB 378¹³, requested a bill titled "Establishes provisions relating to breakthrough therapies"¹². No text exists yet, so it isn't known whether it concerns psilocybin. And there's no citizen route this year: Nevada's November 3, 2026 ballot has two statewide questions, on abortion rights and voter ID¹⁵.

What's legal in the meantime?

For Nevadans, the legal routes to psilocybin today are outside the state or inside a clinical trial. Colorado and Oregon license supervised sessions for adults; nothing from them can be brought back. Our list of licensed centers by road distance has the details, and our guide to psilocybin therapy in Las Vegas covers trials with Las Vegas sites.