No, psilocybin spores remain illegal in Virginia under state law, despite recent decriminalization efforts in some municipalities. The Virginia Board of Pharmacy classifies psilocybin spores as a Schedule I controlled substance, aligning with federal prohibitions. Local decriminalization measures, such as those in Arlington County, do not override state statutes, creating a patchwork of conflicting enforcement priorities.
Key Regulations for Psilocybin Spores in Virginia
- Schedule I Classification: The Virginia Board of Pharmacy explicitly lists psilocybin spores as a Schedule I substance under § 54.1-3446, prohibiting possession, cultivation, or distribution without a license.
- Local Decriminalization Overrides: While Arlington County and other jurisdictions have passed resolutions deprioritizing enforcement, these do not legalize spores, leaving users vulnerable to state-level penalties.
- 2026 Compliance Shifts: Pending legislation in the 2026 General Assembly session may revisit psilocybin regulations, but as of now, spores remain strictly prohibited under state-controlled substance laws.
Violations carry penalties including fines up to $2,500 and imprisonment for up to 1 year for simple possession. Law enforcement agencies, including the Virginia State Police, continue to enforce state statutes despite local policy shifts. Researchers and licensed medical professionals must obtain DEA-approved permits to study spores, further restricting public access.