Regulations

Did New Jersey Really Just Legalize Psilocybin?

By Kyle Buller
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What S2283 Actually Does — and Why It Is a Research Pilot, Not Legalization

In January 2026, the New Jersey Legislature passed Senate Bill S2283, formally titled the Psilocybin Behavioral Health Access and Services Act. On January 20, 2026, shortly before leaving office, Governor Phil Murphy signed the bill into law.

Despite widespread media coverage suggesting that New Jersey has “legalized psilocybin,” S2283 does not create legal public access to psilocybin. Instead, it establishes a narrow, state-run, hospital-based research pilot designed to study the clinical use of psilocybin under tightly controlled medical conditions.

What the Bill Does

At its core, S2283 creates a Psilocybin Behavioral Health Access and Therapy Pilot Program under the authority of the New Jersey Department of Health. The purpose of the program is explicitly evaluative: to generate clinical outcome data and assess whether psilocybin therapy should play a role in New Jersey’s future mental health care system.

Key elements include:

Hospital-based pilot program
One hospital from each of New Jersey’s three regions (North, Central, and South) will be selected through a competitive process. These hospitals will be authorized to administer psilocybin exclusively within hospital settings under medical supervision. The pilot will run for two years.

Department of Health oversight
The New Jersey Department of Health is responsible for rulemaking, implementation, and compliance. The program remains embedded within existing medical and regulatory frameworks.

Alignment with federal standards
The pilot must operate in a manner consistent with FDA clinical trial guidelines and federal drug regulations. The program is research-focused rather than a public access or service model.

Data collection and reporting
Participating hospitals must collect clinical and experiential outcome data and submit findings to the Governor and Legislature. These reports will inform any future policy decisions regarding psilocybin therapy in the state.

Advisory board
An 11-member multidisciplinary advisory board will oversee safety, review outcomes, and make recommendations to the Legislature regarding potential expansion or modification of the program.

Appropriated funding
The bill allocates $6 million to support the pilot, with each participating hospital eligible to receive up to $2 million for research and program operations.

What the Bill Does Not Do

S2283 is intentionally limited in scope. It does not legalize, decriminalize, or broadly authorize access to psilocybin.

Specifically, the bill does not:

  • Legalize psilocybin for adult or public use
  • Decriminalize possession, cultivation, or distribution
  • Create licensed psilocybin service centers open to the public
  • Permit independent facilitators, guides, or non-hospital providers
  • Establish a commercial production or distribution system
  • Provide expungement or retroactive relief for past psilocybin-related convictions

While some earlier drafts contained broader elements, these provisions were removed during the legislative process. The final bill is focused narrowly on clinical research.

Expungement: A Notable Absence

One of the most consequential omissions in S2283 is the absence of expungement provisions. Individuals previously arrested or convicted for psilocybin-related offenses receive no legal relief under this legislation.

From a harm-reduction and justice perspective, this omission reinforces the bill’s strictly medical and institutional framing rather than a comprehensive public health or equity-based approach. Expungement remains governed by New Jersey’s existing criminal record statutes, which operate independently of this pilot.

How New Jersey Compares to Other States

States are taking markedly different approaches to psilocybin policy, reflecting divergent assumptions about access, risk, and governance.

Oregon: Regulated Adult Access

  • Legal psilocybin services for adults 21+
  • No medical diagnosis required
  • Licensed service centers and facilitators
  • Non-medical, wellness-oriented framework

Oregon treats psilocybin as a regulated service rather than a prescription medication and intentionally situates it outside traditional healthcare systems.

Colorado: Decriminalization Plus Regulated Healing Centers

  • Decriminalized personal possession and cultivation
  • Legal protections for adults 21+
  • Licensed healing centers in development
  • Recognition of community-based and non-clinical use

Colorado’s model combines personal liberty with regulated access and explicit harm-reduction principles.

New Mexico: Medical Legalization With Delayed Access

  • Medical psilocybin authorized with qualifying diagnoses
  • Licensed clinicians and approved facilities only
  • Advisory board and phased implementation
  • Program expected to be operational by 2026–2027

New Mexico adopts a medicalized approach but authorizes eventual patient access rather than research alone.

New Jersey: Hospital-Based Research Pilot

  • No decriminalization
  • No public access
  • No licensed service centers
  • Strictly hospital-based and research-oriented

New Jersey remains in an evaluation phase rather than an access phase.

Final Thoughts

New Jersey’s S2283 represents a cautious, data-driven entry into psychedelic policy. It is neither legalization nor comprehensive reform. Instead, it reflects a decision to study psilocybin therapy within highly controlled medical environments before considering broader policy changes.

Clear public discourse requires precision, especially when early-stage research is mistaken for access. While S2283 is a meaningful development, it should be understood for what it is: a limited research pilot, not a transformation of psilocybin law in New Jersey.

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About The Author

Kyle Buller

Kyle Buller, Psychedelics Today Co-Founder and Vice President of Education and Training earned his B.A. in Transpersonal Psychology from Burlington College, where he focused on studying the healing potential of non-ordinary states of consciousness by exploring shamanism, Reiki, local medicinal plants and plant medicine, Holotropic Breathwork, and psychedelic psychotherapy. Kyle earned his M.S. in clinical mental health counseling with an emphasis in somatic psychology from Prescott College. Kyle is a Licensed Associate Counselor and offers psychotherapy services specializing in psychedelic integration, spiritual emergence, and ketamine-assisted psychotherapy.