Is Psilocybin / Magic Mushrooms Legal in New York?
Psilocybin / Magic Mushrooms is illegal in New York as of 2026. 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 manufacture.
Psilocybin / Magic Mushrooms is ILLEGAL in New York
Psilocybin / Magic Mushrooms is currently illegal in New York. Possession or sale may result in penalties.
Psilocybin / Magic Mushrooms Laws in New York: Quick Facts
- 1 Legal Status: Psilocybin / Magic Mushrooms is currently illegal in New York.
- 2 Possession: Illegal; possession is a criminal offense subject to misdemeanor or felony charges depending on quantity.
- 3 Sale: Illegal; sale and distribution are felony offenses.
- 4 Age Restriction: None (illegal for all ages).
- 5 Penalties: Penalties range from fines to imprisonment depending on amount and intent.
Detailed Legal Breakdown
| Possession | Illegal; possession is a criminal offense subject to misdemeanor or felony charges depending on quantity. |
| Sale | Illegal; sale and distribution are felony offenses. |
| Age Restriction | None (illegal for all ages). |
| Penalties | Penalties range from fines to imprisonment depending on amount and intent. |
| Pending Legislation | None known |
How Does New York Compare?
Across all 50 states, Psilocybin / Magic Mushrooms is fully legal in 0 states, legal with restrictions in 12 states, and illegal in 28 states. New York is among the 28 states where it is illegal.
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Editorial Standards
This page was researched and written by the editorial team at IsThisLegalInMyState.com. All legal information is sourced directly from official state statutes, regulatory agency publications, and legislative databases. Our team reviews each page for accuracy and updates it when laws change.
Source
Citation: New York Penal Law § 220.00
https://www.nysenate.gov/legislation/laws/PEN/220.00
Last verified: 2026-01-15
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