Possession penalty
Knowingly possessing any amount is at least a class A misdemeanor; the cited maximum is 364 days in jail and a $1,000 fine.
NY Psilocybin law · Reviewed Nov 12, 2026
Psilocybin mushrooms remain illegal in New York, with no state medical or personal-use program enacted.
Knowingly possessing any amount is at least a class A misdemeanor; the cited maximum is 364 days in jail and a $1,000 fine.
No legal psilocybin treatment program is in effect. S5303A and Assembly bill A2142A propose a regulated psilocybin framework and remain in committee; S5303A’s proposed effective date is July 1, 2028. A separate proposal would provide $5 million in grants for veterans, first responders, and low-income people to access psilocybin- or MDMA-assisted therapy before FDA approval. No enacted state task force, trial-funding program, or veterans program is identified in these sources.
No city or county measures found in our sources.
Our sources did not address spores for New York. Spores contain no psilocybin and are sold for microscopy in most states, but growing them into mushrooms is illegal.
Our sources did not address amanita for New York. It is not federally controlled; check state food and drug rules.
Psilocybin and psilocyn remain Schedule I. Sources also identify LSD as Schedule I. Proposed measures include an ibogaine research program and MDMA-assisted-therapy grant funding. S9852/A11499 concern only qualifying FDA-approved medicines, not whole drug classes or mushrooms.
New York has a law that would let doctors prescribe an FDA-approved psilocybin medicine once federal approval and rescheduling happen. It does not legalize mushrooms.
Chapter 777 was signed, requiring the health commissioner to reclassify a Schedule I compound by regulation after federal rescheduling; it did not legalize psilocybin mushrooms.
S5303, proposing a regulated psilocybin framework, was introduced on February 20.
AO 9583 was introduced in January to propose an ibogaine research program focused on veterans with PTSD.
S5303A was amended and recommitted to the Senate Health Committee on May 8; it remains pending.
S9852 was introduced April 8 and A11499 on May 28. The pending bills would automatically align New York’s scheduling of certain FDA-approved drug products with federal rescheduling; they would not legalize mushrooms.
Number of states in each category. New York’s category is highlighted.
Access score from 0 (illegal) to 5 (licensed adult access).
Listings describe themselves; Pscilly does not sell psilocybin, and sellers outside a state program are labeled “not state-licensed.”
Psilocybin mushrooms remain illegal in New York, with no state medical or personal-use program enacted.
Knowingly possessing any amount is at least a class A misdemeanor; the cited maximum is 364 days in jail and a $1,000 fine.
No legal psilocybin treatment program is in effect. S5303A and Assembly bill A2142A propose a regulated psilocybin framework and remain in committee; S5303A’s proposed effective date is July 1, 2028. A separate proposal would provide $5 million in grants for veterans, first responders, and low-income people to access psilocybin- or MDMA-assisted therapy before FDA approval. No enacted state task force, trial-funding program, or veterans program is identified in these sources.
Pscilly classifies New York as: illegal. Laws change often, so check the linked sources and current state rules.
Educational summary, not legal advice. Pscilly reviewed these laws on November 12, 2026 using the sources listed; laws change often, so confirm current rules with the state or a lawyer. Psilocybin remains a Schedule I controlled substance under federal law.
Pscilly is a mushroom directory and marketplace for the U.S., Canada, Europe and beyond, covering mushroom shops, licensed psilocybin centers, smart shops, retreats, mushroom brands, delivery services, events and deals. Listings come from the businesses themselves and from public sources, and every listing links to the business.