South Dakota & Minnesota: Psilocybin Therapy Legislation Update (March 2026)

The week of March 10, 2026 produced two significant developments in the rapidly expanding map of U.S. states with psilocybin therapy legislation on the books. South Dakota signed psychedelic therapy legislation into law on March 10, and Minnesota lawmakers approved a psilocybin legalization bill. Together, these actions signal that psilocybin therapy is no longer a coastal or progressive-only policy issue.

Here's what you need to know about each.

South Dakota: Signed March 10, 2026

South Dakota's passage of psychedelic therapy legislation is notable for its political context. South Dakota is a deeply conservative state — the same state that has historically led some of the toughest drug enforcement postures in the country. The bill's advancement reflects the growing bipartisan coalition around psychedelic therapy, driven primarily by the mental health crisis among veterans and the documented failure of conventional psychiatric treatments for conditions like PTSD and treatment-resistant depression.

South Dakota's legislation is understood to involve synthetic psilocybin contingent on federal regulatory developments — meaning the state is positioning itself to enable access within a federal legal framework rather than running ahead of it. This is a more cautious approach than Oregon or Colorado's outright legalization, but it creates a clear legal pathway that would activate when federal rules allow.

What this means for South Dakota patients: Psilocybin therapy is not immediately available in South Dakota. The law creates a legal framework that will depend on federal action — particularly the FDA approval of COMP360 or a DEA rescheduling decision — to become operational. For current access, ketamine therapy is available in South Dakota through licensed providers.

Minnesota: Lawmakers Approve Psilocybin Bill

Minnesota's passage of a psilocybin legalization bill follows years of advocacy and legislative groundwork. The state's bill — HF 978, which has focused on psilocybin access for PTSD treatment — has gained significant attention as a model for states where veteran health concerns are driving psychedelic therapy policy.

Minnesota joins New Mexico in demonstrating that psilocybin legalization through the traditional legislative process is not only viable, but increasingly routine. Where the early state-level wins (Oregon in 2020, Colorado in 2022) relied on ballot initiatives that could bypass legislative opposition, states like New Mexico and Minnesota are now passing psilocybin bills through their legislatures directly — a sign of how dramatically mainstream political support has shifted.

The regulatory details of Minnesota's program are still being finalized. The state will need to develop licensing requirements, oversight frameworks, and access rules before any providers can operate legally.

What this means for Minnesota patients: Like South Dakota, Minnesota's legislation does not mean psilocybin therapy is immediately available. Regulatory infrastructure takes time to build — Oregon spent two years building its program after Measure 109 passed in 2020. In the meantime, ketamine therapy is available in Minnesota through licensed providers across the state.

The Bigger Picture

South Dakota and Minnesota are the latest additions to a psilocybin legislative map that now includes Oregon (operational since 2023), Colorado (operational since 2025), New Mexico (Medical Psilocybin Act signed in April 2025, targeting access by end of 2026), and now South Dakota and Minnesota.

The breadth of states acting — from Oregon and Colorado to New Mexico, South Dakota, and Minnesota — represents a fundamental shift in how American state legislatures view psychedelic medicine. Five states with legal psilocybin frameworks in a single legislative cycle is a pace that would have seemed impossible three years ago.

The federal picture is moving in parallel. The DEA has a psilocybin rescheduling petition under HHS review, and COMPASS Pathways' COMP360 psilocybin therapy could receive FDA approval as early as late 2026. A federal approval or rescheduling would transform the landscape entirely — making psilocybin therapy a nationally accessible treatment option rather than a patchwork of state programs.

For a complete guide to psilocybin therapy legality across all 50 states, see our full psilocybin legal status guide. For a deep dive on the FDA approval timeline for psilocybin, see our psilocybin FDA approval tracker.

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