Schedule I · misdemeanor possession
West Virginia lists psilocybin and psilocyn in Schedule I. Simple unauthorized possession is a misdemeanor punishable by 90 days to six months in jail and a fine of up to $1,000.
WV legal and access quick reference
Reviewed July 21, 2026Psilocybin law and access in West Virginia
A concise, source-dated explanation of statewide law, regulated access, and the difference between state and local policy.
Laws and implementation can change quickly. This page is educational information, not legal advice.
No general public access program
West Virginia has not established personal-use, retail, dispensary, home-cultivation, or regulated service-center access.
Conditional FDA-and-DEA medication law
SB 906 allows prescription, distribution, and marketing only after a psilocybin-containing drug receives FDA approval and federal rescheduling. It does not legalize mushrooms or general access.
What local policy means
For Charleston, Huntington and Morgantown, this West Virginia page is the appropriate quick-reference starting point because no separate municipal action was retained as a distinct local-policy guide. Local rules can change, so verify current official records.
Cities covered by the West Virginia guide
The statewide explanation above covers Charleston, Huntington and Morgantown. A separate page appears below only where a documented municipal action adds material local context.
CharlestonCovered in West Virginia guide
HuntingtonCovered in West Virginia guide
MorgantownCovered in West Virginia guide
Sources used for this review
This page was checked against the controlling state statutes, enacted laws, agency records, and official bill histories listed below.
Common questions
Is psilocybin legal in West Virginia?
No. West Virginia lists psilocybin and psilocyn in Schedule I. Simple unauthorized possession is a misdemeanor punishable by 90 days to six months in jail and a fine of up to $1,000. The conditional medication law does not legalize mushrooms.
Does West Virginia have a regulated psilocybin access program?
No. SB 906 applies only after FDA approval and federal rescheduling of a psilocybin-containing drug. It does not create personal-use, retail, dispensary, home-cultivation, or service-center access.
Do city policies change West Virginia law?
No. A local enforcement-priority policy may affect municipal enforcement, but it does not legalize commercial sale, create statewide legality, or override federal law.
Continue at the right depth
The product-site link provides product-format and business-policy information. It does not change the law described on this page or establish legal access in any jurisdiction.