Are magic mushrooms legal in New York?
No. Possessing psilocybin in New York is a Class A misdemeanor, and no city, including New York City, has made it a low police priority. Several bills, including a veterans therapy pilot, are pending in Albany, but none has passed.
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The short answer
Psilocybin is illegal in New York. Possessing a small amount is a Class A misdemeanor, and larger amounts or intent to sell can bring felony charges. New York City and the rest of the state have no decriminalization or lowest-priority measures, unlike some Massachusetts and Michigan cities.
- Status
- Illegal statewide; no local decriminalization
- Possession
- Class A misdemeanor for small amounts; larger amounts can be felonies
- Pending bills
- A 3845 (veterans and first-responder therapy pilot), A 2142, A 628, S 5303, all in committee
- Nearest legal access
- Oregon and Colorado; a hospital pilot is starting in New Jersey
- Last checked
- October 20, 2026
Bills pending in Albany
Several psilocybin bills were introduced in the 2025 to 2026 session and none left committee:
- A 3845 would create a psilocybin therapy pilot for veterans and first responders.
- A 2142, A 628 and S 5303, other psilocybin bills, also remain in committee.
Next door, New Jersey signed a $6 million, two-year hospital psilocybin therapy pilot in January 2026, and New Jersey already treats possession of an ounce or less as a disorderly persons offense rather than a crime.
Legal options for New Yorkers
- Clinical trials: New York academic medical centers take part in psilocybin research. Search ClinicalTrials.gov for recruiting studies; see psilocybin therapy near me.
- Oregon and Colorado: licensed centers accept adults 21+ from any state. See our Oregon and Colorado guides.
How does New York compare? See the 50-state tracker, or My Mushroom Dispensary's psilocybin legality guide.
Frequently asked questions
Is psilocybin decriminalized in New York City?
No. New York City has not passed a decriminalization or lowest-priority measure, and possession is a Class A misdemeanor under state law.
Is New York going to legalize magic mushrooms?
Not yet. Psilocybin bills, including a veterans and first-responder therapy pilot, have been introduced but remain in committee. There's no statewide ballot initiative process in New York, so any change would have to come from the Legislature.
What's the penalty for magic mushrooms in New York?
Possessing a small amount is a Class A misdemeanor. Larger amounts, or possession with intent to sell, can be charged as felonies. For your own case, talk to a licensed New York attorney.
Sources
- Psychedelics Law and Policy Tracker: New York, UC Berkeley Center for the Science of Psychedelics, 2026.
- Magic Mushroom (Psilocybin) Laws by State, RecordingLaw, updated October 11, 2026.
- State psychedelics legalization and policy roundup, March 2026, Reason Foundation, March 3, 2026.
- 2026 first quarter legislative wrap-up, MAPS, March 30, 2026.