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Regulated and unregulated: what legal texts say about Oregon, Colorado and elsewhere

The question here is which places run licensed, supervised programs with natural psychedelics, and what sits outside them. This card sets out what official legal texts say. It is a map of documents, not a statement about what any person may do.

Published Information current to 7 November 2026Review due by 1 December 2026, before the Colorado emergency rule lapses

Read this first. This page is education, not instructions to use. Metanoia does not supply any substance. In the United States, most of the substances discussed here are Schedule I under federal law (21 CFR 1308.11). State programs such as Oregon's and Colorado's operate under state law only, and federal law still applies. Legal status differs between countries, and none of this is legal advice. Nothing here is medical advice, and nothing here gives or recommends a dose. People who host, supply or take part in sessions involving controlled substances can face criminal liability under federal and state law. This page does not advise on that. "Healthy adults" means people with no diagnosed psychiatric or major medical condition, the population Metanoia studies. This page reports what published sources say about work done outside supervised programs, and it takes no position on the legality of any setting, practice or person.
Not an emergency resource. Metanoia is not an emergency service. In a medical or mental health emergency in the United States the number is 911, and the 988 Suicide and Crisis Lifeline is available by call or text. Elsewhere, local emergency numbers apply. Nothing on this card is a reason to delay or avoid care. This card describes what sources report. It is not a screening tool, it does not say who should take part in a session or in what setting, and it is not medical guidance. Metanoia does not receive or investigate complaints about guides or retreats.

The short answer

What do official texts say about regulated and unregulated work with natural psychedelics?

Oregon and Colorado license supervised psilocybin sessions under state law. Other places tie access to FDA-approved research, FDA approval or authorised psychiatrists. This card documents legal texts as of 7 November 2026. It is not legal advice and takes no position on the legality of any practice.

What was found?

A map of documents, not a statement about what any person may do. Each item applies only to the place named.

Federal

  • As of 7 November 2026, 21 CFR 1308.11(d) lists in Schedule I psilocybin, psilocyn, DMT, ibogaine, mescaline, LSD, MDMA and peyote, the plant Lophophora williamsii and its preparations. 21 CFR 1307.31 says the peyote listing does not apply to nondrug use in bona fide Native American Church ceremonies. Sources 1, 2, level 1
  • In 2006 the Supreme Court held, at the preliminary-injunction stage, that the Government had not shown a compelling interest under RFRA in barring one church’s sacramental use of a tea containing DMT. The opinion concerns that church and that stage. Source 3, level 1
  • DEA’s 2020 guidance describes a written petition process for religious exemption claims. It says its contents do not have the force of law. Source 4, level 1

Oregon

  • As of 7 November 2026, the Oregon Health Authority describes a program under ORS 475A. Its rules limit manufacturers to Psilocybe cubensis, and say products are consumed only in a designated administration area. A new rulemaking, other than fees, has a planned effective date of 15 January 2027. The statute was not read from the official site. Source 5, level 1

Colorado

  • As of 7 November 2026, Department of Revenue rules define regulated natural medicine as psilocybin or psilocin. The statute as amended by HB 26-1325, effective 12 August 2026 according to the Department, includes ibogaine only if the advisory board recommends it and state officials approve. The act also creates an ibogaine research pilot, per the General Assembly’s summary. Sources 6, 7, level 1
  • As of 7 November 2026, the Department of Revenue licenses businesses and the Department of Regulatory Agencies licenses facilitators. Source 8, level 1
  • A rule effective 12 August 2026 creates a limited sales license, under which a holder may invoice a participant for regulated natural medicine used solely in an administration session at a co-located healing center. Under rule 8006 the licensee may not sell for use anywhere but the co-located center's premises, and rule 8010 bars a healing center from letting a participant take product away. The Department’s FAQ and unlicensed-activity page, read on 7 November, still say sales are prohibited, and the texts were not reconciled. The FAQ also names a separate category of personal use by adults 21 and over, outside the licensed system, and its terms are not set out here. Sources 7, 8, level 1

Elsewhere

  • As of 7 November 2026, New Mexico’s health department says its medical psilocybin program is set to be implemented by 31 December 2026. The statute was not read. Source 9, level 1
  • Connecticut’s Public Act 26-108 directs a pilot of MDMA- or psilocybin-assisted therapy as part of FDA-approved research. Virginia’s 2026 chapter 305 directs rescheduling only after FDA approval of a psilocybin formulation for administration by a health professional. Sources 10, 11, level 1
  • Australia’s regulator describes psilocybine for treatment-resistant depression through authorised psychiatrists, and lists mushrooms known to contain it as not permitted there. Source 12, level 1

What is not known?

“Not located” means the searches Metanoia ran on 7 November 2026 did not return it or the source did not open.

  • How many US cities have decriminalization measures. Only PubMed was searched, and it returned no analysis of them.
  • Whether DEA has granted any religious exemption petition since 2020.
  • Whether Colorado has approved DMT, mescaline or ibogaine as natural medicine. Not located. Read: the rule definition, the Department’s home page, the Regulatory Agencies page and the advisory board’s 2025 report, which says its ibogaine recommendations had not then been approved. Board minutes were not read.
  • Whether the Division adopted permanent rules after the final rulemaking hearing its page lists for 4 November 2026. Not located.
  • The text of ORS 475A and of New Mexico’s statute. The official sites did not open.
  • What Oregon’s January 2027 rule changes will alter, whether any program text covers healthy adults as a group, and other states and countries, which are not covered.

What this card does not say

  • It does not say that any practice, place or person is lawful, where to go, or what anyone’s exposure is. It is not a standard of care or legal advice.
  • Legal risk for people who host or sit is a separate entry, not yet written. This card records texts, not outcomes, so it carries no grade for how much has been measured.

Send a correction

If this card reports something wrongly, tell us. Write to main@metanoia-ca.org and keep the card name in the subject line. Accounts of what happened in a session belong in the field reports channel, not in email. Please leave out names and anything that identifies a person or a place. We read every message.

Where does this come from?

Grade key: 1 = official legal text or court opinion. A grade names the type of source. “Read in full” means Metanoia read every sentence of the part cited on the date given, and any part not read is named.

Review due by 1 December 2026, before the Colorado emergency rule lapses. Law changes, and Oregon’s planned rule changes take effect nine days after that date.

  1. Code of Federal Regulations, 21 CFR 1308.11, paragraphs (a) and (d), eCFR text of 5 November 2026. ecfr.gov. Grade 1. Read in full 7 November 2026. Other paragraphs not read.
  2. 21 CFR 1307.31, eCFR text of 5 November 2026. ecfr.gov. Grade 1. Read in full 7 November 2026.
  3. Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal, 546 U.S. 418 (2006). Opinion text, Cornell LII. Grade 1. Read in full 7 November 2026.
  4. DEA Diversion Control Division, Guidance Regarding Petitions for Religious Exemption (Revised), version 2, 20 November 2020. deadiversion.usdoj.gov. Grade 1. Read in full 7 November 2026.
  5. Oregon Health Authority, program page, rules page and 2026 rulemaking page, and Oregon Administrative Rules 333-333-2015, 2110, 2120, 4450 and 4480. Grade 1. Pages and the five rules read in full on 7 November 2026. The rest of the division was not read. ORS 475A could not be read: the Legislature’s site did not open by two tools, and a republisher’s copy is not used.
  6. Colorado General Assembly, HB 26-1325, Natural Medicine, signed act of 4 June 2026. Grade 1. Bill summary page read in full 7 November 2026. Act sections 3, 7 and 18 read in full. The other sections were not read.
  7. Colorado Department of Revenue, Emergency Rule Adoption Order and emergency rule revisions, 1 CCR 213-1, adopted 11 August 2026. Grade 1. The order, rule 8006 and the definitions of regulated natural medicine and limited sales license read in full 7 November 2026. The other rules in the file were not read. On 8 November 2026 the Secretary of State's official PDF of the version effective 12 August 2026 was read for the definitions and for Part 8 (rules 8005 to 8040) in full. The rest of that document was not read.
  8. Colorado Department of Revenue Natural Medicine Division, home page, FAQ and unlicensed activities page. Colorado Department of Regulatory Agencies, Natural Medicine page and the Advisory Board 2025 Activities Report. Grade 1. All read in full 7 November 2026.
  9. New Mexico Department of Health, Medical Psilocybin. Grade 1. Read 7 November 2026. The statute was not read.
  10. Connecticut Public Act 26-108. Act text. Grade 1. Read in full 7 November 2026.
  11. Virginia Acts of Assembly 2026, chapter 305 (HB 1347). LIS bill page. Grade 1. Read in full 7 November 2026.
  12. Therapeutic Goods Administration, Accessing MDMA and psilocybine as a psychiatrist. Grade 1. Read in full 7 November 2026.