NY Psilocybin law · Reviewed Nov 12, 2026

Are shrooms legal in New York?

Illegal

Psilocybin mushrooms remain illegal in New York, with no state medical or personal-use program enacted.

All states

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.

Medical & therapy access

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.

Local decriminalization

No city or county measures found in our sources.

Spores

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.

Amanita muscaria

Our sources did not address amanita for New York. It is not federally controlled; check state food and drug rules.

Other psychedelics

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.

FDA trigger law

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.

New York psilocybin law timeline

  1. 2022

    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.

  2. 2025

    S5303, proposing a regulated psilocybin framework, was introduced on February 20.

  3. 2026

    AO 9583 was introduced in January to propose an ibogaine research program focused on veterans with PTSD.

  4. 2026

    S5303A was amended and recommitted to the Senate Health Committee on May 8; it remains pending.

  5. 2026

    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.

Where New York fits nationally

Number of states in each category. New York’s category is highlighted.

Legal (licensed)2
Medical program1
Locally decriminalized5
Research / pilots6
Reform underway5
Illegal32

New York vs. its neighbors

Access score from 0 (illegal) to 5 (licensed adult access).

On Pscilly in New York

See all New York listings →
Mushroom shops & farms4
Delivery services0
Clinics, research & healing centers7
Brands based here9

Medical, research & therapy centers

Shops & services

Listings describe themselves; Pscilly does not sell psilocybin, and sellers outside a state program are labeled “not state-licensed.”

New York questions

Are shrooms legal in New York?

Psilocybin mushrooms remain illegal in New York, with no state medical or personal-use program enacted.

What is the penalty for possessing magic mushrooms in New York?

Knowingly possessing any amount is at least a class A misdemeanor; the cited maximum is 364 days in jail and a $1,000 fine.

Is psilocybin therapy available in New York?

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.

What is New York's overall psilocybin status?

Pscilly classifies New York as: illegal. Laws change often, so check the linked sources and current state rules.

Sources

  1. psychedelics.berkeley.edu /law-and-policy-map/
  2. mushroomsnewyork.com /news/new-york-psychedelic-rescheduling-bill
  3. nysenate.gov /legislation/bills/2025/S5303/amendment/A
  4. legislativeanalysis.org /wp-content/uploads/2026/02/Psilocybin-Summary-of-State-Laws.pdf
  5. nydailylaws.com /are-mushrooms-legal-in-new-york/

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.

About Pscilly

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.