Is Psilocybin / Magic Mushrooms Legal in New York? (2026)
No — Psilocybin / Magic Mushrooms are illegal in New York as of 2026.
Law changed in 2025: Several bills to legalize or decriminalize psilocybin for therapeutic or adult use were introduced in the 2025 legislative session, but none have passed. The legal status of psilocybin remains unchanged.
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Quick Answer
Psilocybin mushrooms are illegal in New York under the state's Controlled Substances Act (NY Penal Law § 220.00). Psilocybin is classified as a Schedule I controlled substance, prohibiting possession, sale, and cultivation. However, multiple bills to legalize or decriminalize it are active in the 2025-2026 legislative session.
What the Law Says
Possession of small amounts of psilocybin is a Class A misdemeanor in New York. Legislation is being considered to legalize and regulate its use for certain health conditions.
— New York Penal Law § 220.00
| Category | Details |
|---|---|
| Possession | Illegal; possession is a criminal offense subject to misdemeanor or felony charges depending on quantity. |
| Distribution | Illegal; sale and distribution are felony offenses. |
| Penalties | Penalties range from fines to imprisonment depending on amount and intent. |
| Age Restriction | None (illegal for all ages). |
| Pending Legislation | None known |
In the 2025-2026 legislative session, several bills (such as A628, A2142, and S495) were introduced to legalize adult possession, establish medical psilocybin programs, or create therapy grants. In April 2026, lawmakers advanced legislation to expand a psilocybin pilot program, though full legalization has not yet passed.
Enforcement Reality
Possession of less than 25 milligrams of psilocybin is a class A misdemeanor in New York. While there are legislative efforts to legalize or decriminalize, it remains an illegal substance and is prosecuted.
A common mistake is to believe that the various bills being considered by the legislature have already changed the law. As of early 2026, psilocybin is still a controlled substance, and possession is a crime.
Local Exceptions
None identified. State law applies uniformly across New York. Local ordinances may still vary — check with your city or county government for any additional rules.
Bottom Line
Psilocybin / Magic Mushrooms are illegal in New York. Possession or use can result in criminal charges. Do not assume enforcement is lax — penalties are real. Consult a licensed attorney if you have specific questions.
New York vs. the Rest of the US
Across the US, possessing psilocybin mushrooms is fully legal in 2 states, restricted in 2, and illegal in 36. New York falls in the ILLEGAL category.
View the full 50-state map →Neighboring States
Laws change at state lines. Here is how bordering states compare on Psilocybin / Magic Mushrooms:
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Frequently Asked Questions
Is it legal to possess Psilocybin / Magic Mushrooms in New York?
What are the penalties for possessing psilocybin mushrooms in New York?
How strictly does New York enforce its psilocybin / magic mushrooms laws?
What typically triggers enforcement in New York?
What is the age restriction for possessing psilocybin mushrooms in New York?
Does the law on possessing psilocybin mushrooms change at the New York border?
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Reviewed by cross-referencing the cited state statute against current legislative databases and regulatory publications.
Sources & Verification
This page was reviewed by Ethan Harper by comparing the legal status against the cited state statute. AllowedHere is an informational resource and does not provide legal advice. Consult a licensed attorney for guidance specific to your situation.
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