Are Mushrooms Legal in New York? Psilocybin, Shrooms and Pending Bills in 2026
Short answerNo. Psilocybin, the compound in magic mushrooms, is a Schedule I controlled substance under Public Health Law § 3306. Possession is a class A misdemeanor under Penal Law § 220.03, and larger amounts or sales can be felonies. Ordinary culinary mushrooms are legal.
Last verified: November 1, 2026 against Public Health Law § 3306, Penal Law Article 220 and Assembly bill A2142A
Are mushrooms legal in New York? It depends on the kind. Grocery store mushrooms are fine, but psychedelic mushrooms, often called shrooms or magic mushrooms, are not. New York has not legalized or decriminalized them, and a bill to allow medical use is still stuck in committee.
This page covers the state rules people ask about most: what the law says, what the penalties are, how New York City fits in, and where the pending legislation stands. It is general information, not legal advice.
Key facts
- Status: psilocybin and psilocyn are both listed in Schedule I of
Public Health Law § 3306. - Simple possession: class A misdemeanor under
Penal Law § 220.03, with up to 364 days in jail. - Sale: class D felony under
Penal Law § 220.31. - Cannabis law: the Marihuana Regulation and Taxation Act (MRTA) of 2021 covers cannabis only, not mushrooms.
- Pending bill: A2142A and S5303A would allow medical psilocybin, but both remain in committee.
- Federal law: psilocybin is also Schedule I under federal law.
Are psychedelic mushrooms legal in New York?
No. Mushrooms that contain psilocybin or psilocyn are illegal to possess, grow for use, give away or sell in New York. Public Health Law § 3306 lists “Psilocybin” and “Psilocyn” in Schedule I, the category for hallucinogenic substances.
Whatever name people use, the answer is the same. Questions like “are shrooms legal in NY,” “is psilocybin legal in New York” and “are magic mushrooms legal in NY” all lead to the same rule: they are controlled substances, and the state has not carved out an exception for personal use.
Are mushrooms illegal in NY? Which ones are legal?
Only mushrooms that contain psilocybin or psilocyn are controlled. Button, cremini, portobello, shiitake, oyster and other food mushrooms are legal to buy, sell and eat. So are wild mushrooms you forage, as long as they are not psilocybin species.
The law does not turn on how a mushroom looks or what a seller calls it. It turns on whether the product contains a controlled substance. Gummies, chocolates and capsules sold as “microdosing” products are not licensed, and if they contain psilocybin they are illegal.
Are mushrooms legal under the cannabis law?
No. The MRTA (Chapter 92 of the Laws of 2021) legalized adult-use cannabis and created the Office of Cannabis Management (OCM). It does not mention psilocybin, and licensed dispensaries cannot sell mushrooms. For the cannabis rules, see is weed legal in New York.
What are the penalties for mushrooms in New York?
Simple possession of any amount is a class A misdemeanor under Penal Law § 220.03. Under Penal Law § 70.15, that carries up to 364 days in jail, and Penal Law § 80.05 allows a fine of up to $1,000.
Psilocybin and psilocyn fall within the Penal Law definition of a “hallucinogen” in Penal Law § 220.00, so weight thresholds apply. Possession of larger amounts and any sale move into felony territory.
| Offense | Trigger | Level |
|---|---|---|
Criminal possession, 7th degree (§ 220.03) | Any amount | Class A misdemeanor |
Criminal possession, 4th degree (§ 220.09) | 25 milligrams or more of a hallucinogen | Class C felony |
Criminal possession, 3rd degree (§ 220.16) | 125 milligrams or more of a hallucinogen | Class B felony |
Criminal possession, 2nd degree (§ 220.18) | 625 milligrams or more of a hallucinogen | Class A-II felony |
Criminal sale, 5th degree (§ 220.31) | Selling any amount | Class D felony |
How weight is counted for dried mushroom material versus pure psilocybin can be technical. A charge that depends on weight is worth reviewing with a New York-licensed criminal defense attorney. For how crime classes work generally, see our New York Penal Law guide.
Are mushrooms decriminalized in New York?
No. New York has no statewide decriminalization. Some cities elsewhere in the country have told police to treat psychedelic plants as a low priority, but that is not state law, and it does not change the Penal Law. A police officer or prosecutor in New York can still charge possession.
When will mushrooms be legal in NY?
No one can say. The main proposal is the medical psilocybin act, introduced as A2142A in the Assembly (sponsor Paulin) and S5303A in the Senate (sponsor Salazar). It would allow psilocybin to treat qualified conditions such as major treatment-resistant depression, post-traumatic stress disorder (PTSD), substance use disorders and end-of-life care.
If enacted, the bill would add a new Title 5-B to the Public Health Law and a new Penal Law Article 174 to punish diversion of medical psilocybin. Its effective date is July 1, 2028. Both versions were amended and recommitted to the Health Committees on May 8, 2026. Neither has passed either house.
Pending bill: A2142A and S5303A are proposals, not law. Until the Governor signs a bill, psilocybin stays illegal in New York for medical and personal use alike.
Are mushrooms legal in New York City?
No. New York City has no separate psilocybin law, so the state Penal Law applies in all five boroughs. That means the same class A misdemeanor for possession and the same felony levels for larger amounts or sales.
How does federal law affect mushrooms?
Federal law lists psilocybin and psilocyn in Schedule I of the Controlled Substances Act. The FDA has granted breakthrough therapy designation to psilocybin-based treatments for depression, including a Compass Pathways product for treatment-resistant depression, but that designation speeds research review and is not approval for sale or personal use. State law changes would not remove the federal ban.
How does New York compare with nearby states?
New York is stricter than states that have started psilocybin programs, but it matches its neighbors on the basic rule. Neither New Jersey nor Connecticut has legalized or decriminalized personal possession. New Jersey enacted a hospital-based medical psilocybin pilot program in January 2026, and Connecticut expanded a limited psychedelic research pilot in 2026. Pennsylvania has no state psilocybin program. Never carry mushrooms across state lines, because that adds federal exposure.
Myths and facts
- Myth: Legal weed means legal mushrooms. Fact: The MRTA covers cannabis only.
- Myth: Mushrooms are decriminalized in NYC. Fact: The state Penal Law applies citywide.
- Myth: A small amount cannot lead to a charge. Fact: Any amount can be a class A misdemeanor.
- Myth: The medical bill already passed. Fact: It remains in committee.
What should you do if you are charged?
Do not answer questions beyond giving your name, and do not consent to a search. Write down what happened and contact a New York-licensed criminal defense attorney before your first court date. A class A misdemeanor is a criminal charge with a record, so it is worth taking seriously even for a small amount.
Frequently asked questions
Are magic mushrooms legal in New York?
No. Magic mushrooms contain psilocybin and psilocyn, which are Schedule I controlled substances in New York. Possessing them is a class A misdemeanor, and selling them is a class D felony. No state license, medical program or personal-use exception exists today.
Is psilocybin legal in NY for therapy?
Not outside an approved research setting. The medical psilocybin act (A2142A and S5303A) would create a treatment program, but it has not passed. Until then, a doctor cannot lawfully prescribe psilocybin in New York as ordinary treatment.
Are shrooms legal in NY if you only have a little?
No. Penal Law § 220.03 has no minimum weight, so any amount can be charged as a class A misdemeanor. Whether an officer or prosecutor pursues a small amount varies, but the law does not protect you.
Are psychedelics legal in New York besides mushrooms?
No. Substances such as LSD are also in Schedule I of Public Health Law § 3306, and the Penal Law sets specific felony weights for LSD and other hallucinogens. The cannabis law does not apply to them.
Are mushroom gummies legal in New York?
It depends on what is inside. A gummy with psilocybin is illegal. A gummy with lion’s mane, reishi or other non-psychedelic mushroom extract is generally legal, but check the label, because unregulated products are sometimes mislabeled.
Are mushrooms illegal in NY for medical patients?
Yes. New York’s medical cannabis program does not cover psilocybin, and no medical card allows you to possess mushrooms. Only the pending bill would change that, and not before its proposed 2028 effective date.
What changed on this page
- November 1, 2026: first publication, checked against Public Health Law § 3306, Penal Law Article 220 and the status of A2142A and S5303A. Spotted a mistake? See our corrections page and editorial policy.
If this affects you
For a charge, search or arrest, talk to a New York-licensed criminal defense attorney. The New York State Bar Association lawyer referral service can help you find one. If you or someone you know needs help with substance use, the New York State Office of Addiction Services and Supports (OASAS) runs a treatment finder. For more topics in this area, browse cannabis and drug laws.
