Is Psilocybin / Magic Mushrooms Legal in New York? (2026)
No — Psilocybin / Magic Mushrooms are illegal in New York as of 2026.
Law changed in 2026: In April 2026, New York lawmakers advanced legislation to expand a psilocybin pilot program for therapeutic use. The substance remains Schedule I under NY Penal Law § 220.00.
Quick Answer
Psilocybin mushrooms are illegal in New York in 2026 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, and in April 2026, lawmakers advanced legislation to expand a psilocybin pilot program.
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 | Bills A628 (adult possession), A2142 (medical program), and S495 (therapy grants) are active in the 2025–2026 legislative session. In April 2026, a psilocybin pilot program expansion bill advanced in committee. None have passed into law as of April 2026. |
In April 2026, the New York legislature advanced bills to expand a psilocybin pilot program for therapeutic use. Bills A628, A2142, and S495 — introduced in the 2025–2026 session — would legalize adult possession, establish a medical psilocybin program, or create therapy grants respectively. None have passed as of April 2026. The legal status of psilocybin in New York remains unchanged: it is a Schedule I controlled substance.
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 3, and illegal in 35. New York falls in the ILLEGAL category.
View the full 50-state map →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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