Is Psilocybin Spores Legal in New Hampshire After the 2026 Law Changes?

No, psilocybin spores are illegal in New Hampshire under state law, despite federal ambiguity. The New Hampshire Controlled Drug Act classifies psilocybin spores as Schedule I substances, aligning with the state’s strict prohibition on hallucinogenic compounds. Local law enforcement, including the NH State Police Narcotics Investigation Unit, enforces this stance, and no decriminalization or therapeutic exemptions currently exist. Recent 2026 legislative proposals to study psilocybin’s medical potential have stalled, leaving the ban intact.

Key Regulations for Psilocybin Spores in New Hampshire

  • Schedule I Classification: Psilocybin spores are explicitly listed under NH RSA 318-B:2, Schedule I, alongside psilocybin itself, criminalizing possession, sale, or cultivation.
  • Enforcement Priorities: The NH Department of Justice and local prosecutors prioritize spore-related cases, particularly online sales or distribution networks, as seen in 2024-2025 raids targeting head shops.
  • Therapeutic Exemptions Absent: Unlike Oregon’s psilocybin therapy model, New Hampshire has no licensed psilocybin-assisted treatment programs, and the Board of Medicine has not approved any exemptions for research or medical use.