Psilocybin is not legal in Maine. The state lists psilocybin as a Schedule W controlled substance, and possessing any amount is a Class D crime that can bring up to one year in jail and a $2,000 fine. No regulated therapeutic program exists, and repeated efforts to create one or to decriminalize personal possession have failed, most recently in June 2025.
How Maine Schedules Psilocybin
Maine sorts controlled substances into four schedules: W, X, Y, and Z. Psilocybin sits in Schedule W, the most serious category, which generally tracks federal Schedule I and II.1Office of the Law Revision Counsel. 21 U.S. Code 812 – Schedules of Controlled Substances From a scheduling standpoint, that puts psilocybin in the same tier as cocaine and heroin, though the specific penalties depend on the offense and the substance.
Possession Penalties
Possessing psilocybin in any amount is a Class D crime.2Maine State Legislature. Maine Code Title 17-A 1107-A – Unlawful Possession of Scheduled Drugs A Class D conviction carries up to one year in jail and a maximum fine of $2,000.3Maine State Legislature. Maine Code Title 17-A 1704 – Maximum Fine Amounts Authorized for Convicted Individuals It’s a misdemeanor, but a drug conviction on your record can still affect employment, housing, and any professional license you hold.
Some other Schedule W drugs have quantity thresholds that push possession into a higher class. Possessing more than two grams of cocaine or more than 200 milligrams of fentanyl, for example, becomes a Class C crime, with up to five years in prison and a $5,000 fine. Maine’s possession statute does not attach similar quantity triggers to psilocybin. Any amount is a Class D offense.2Maine State Legislature. Maine Code Title 17-A 1107-A – Unlawful Possession of Scheduled Drugs
Trafficking and Distribution Penalties
Selling, distributing, or furnishing psilocybin is treated much more harshly. Trafficking in a Schedule W drug is a Class B crime, punishable by up to ten years in prison and a fine of up to $20,000.4Maine State Legislature. Maine Code Title 17-A 1103 – Unlawful Trafficking in Scheduled Drugs3Maine State Legislature. Maine Code Title 17-A 1704 – Maximum Fine Amounts Authorized for Convicted Individuals
If the person charged has a prior Class A, B, or C drug conviction, a subsequent Schedule W trafficking charge becomes aggravated trafficking, a Class A crime that can carry up to 30 years in prison.5Maine State Legislature. Maine Code Title 17-A 1105-A – Aggravated Trafficking of Scheduled Drugs A court can also suspend the defendant’s driver’s license for up to five years if a vehicle was used in the offense, with the suspension starting after any prison time is served.
Federal Law Still Applies
Even where state or local enforcement has eased, psilocybin remains a Schedule I controlled substance under federal law, meaning the federal government treats it as having a high potential for abuse and no accepted medical use.1Office of the Law Revision Counsel. 21 U.S. Code 812 – Schedules of Controlled Substances Federal law reaches into every state, and it carries consequences that go beyond the chance of federal prosecution.
Federal distribution charges carry up to 20 years in prison for a first offense and 30 years for a second, with fines up to $1 million for an individual. If someone dies or suffers serious injury, a first offense triggers a 20-year mandatory minimum; a second offense involving death or serious injury carries a mandatory life sentence.6DEA. Federal Trafficking Penalties
Firearms law is another practical trap. Federal law bars anyone who is an “unlawful user of or addicted to any controlled substance” from possessing firearms or ammunition.7Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts Because psilocybin is federally illegal regardless of state rules, anyone who uses it is technically prohibited from buying or owning a gun. ATF Form 4473, filled out at any licensed dealer, asks that question directly, and answering dishonestly is a separate federal crime.
Security clearances are also at risk. In a 2025 decision, the Department of Defense denied a clearance to an applicant who had used psilocybin mushrooms between 2022 and 2024, treating the use as misuse of a federally controlled substance. The applicant argued the purchases occurred in states where psilocybin was legal. The administrative judge held that this did not mitigate the concern, because the use still violated federal law.8Department of Defense Defense Office of Hearings and Appeals. ISCR Case No. 24-00944 Decision
Portland’s Resolution and Its Limits
Portland, Maine’s largest city, passed a resolution in October 2023 making enforcement of laws against psychedelic plants and fungi the lowest priority for local police, and framing use and possession as a public health matter. The resolution is non-binding. City officials acknowledged at the time that an enforceable change would require an actual ordinance, and none has been enacted. State law still applies inside Portland, and state and federal authorities are not bound by the resolution. No other Maine municipality has passed anything comparable.
Legislative Efforts That Have Failed
Maine legislators have introduced psilocybin bills in three consecutive sessions, and none have become law.
The Maine Psilocybin Health Access Act (LD 1914)
The broadest attempt was LD 1914 in the 131st Legislature, “An Act to Enact the Maine Psilocybin Health Access Act.” As introduced, it would have set up a regulated program modeled on Oregon’s, with licensed service centers, trained facilitators, and an advisory board, open to adults 21 and older without any requirement of a specific medical diagnosis.9Maine State Legislature. An Act to Enact the Maine Psilocybin Health Access Act The bill was amended down into a study commission, and even that scaled-back version failed to advance. It died when the 131st Legislature concluded in December 2024.10Maine State Legislature. LD 1914, SP 774, Text and Status, 131st Legislature, Second Regular Session
Decriminalizing Personal Possession (LD 1034)
In the 132nd Legislature, LD 1034 took a narrower path, proposing to remove criminal penalties for possessing small, personal amounts of psilocybin rather than building a full regulatory program. The bill received divided committee reports, and enactment failed on June 10, 2025.11Maine State Legislature. LD 1034, HP 663, Text and Status, 132nd Legislature, First Special Session
Both the comprehensive approach and the stripped-down decriminalization approach have now failed. Similar bills are likely to return, but nothing on the books has changed. Until the legislature acts or federal scheduling shifts, psilocybin in Maine remains a Schedule W drug, and any possession is a crime.