Are Shrooms Legal in New York? Complete 2026 Breakdown

The short answer to whether shrooms are legal in New York is no. Psilocybin and psilocyn are Schedule I controlled substances under New York Public Health Law § 3306, and possession of any amount is a criminal offense under Penal Law Article 220. Unlike California, New York has no major city that has passed a formal decriminalization resolution, despite years of advocacy. Unlike Oregon and Colorado, the state has no licensed therapy framework. Assemblymember Linda Rosenthal has introduced essentially the same decriminalization bill four legislative sessions in a row, and each version has died in the Assembly Health Committee. As of early 2026, A628 is the latest attempt. Until something passes, possession remains a misdemeanor, cultivation is illegal, and there is no legal pathway to psilocybin anywhere in New York. Here is the complete 2026 picture, including penalties, the failed-bill timeline, what NYC enforcement actually looks like, and what is legal to buy as an alternative.

The Quick Answer for 2026

Psilocybin mushrooms are illegal to possess, cultivate, sell, or transport in New York. Personal possession is a Class A misdemeanor under New York Penal Law § 220.03, with potential penalties of up to one year in jail and a fine of up to $1,000. Possession of larger amounts or evidence of intent to sell triggers felony charges under §§ 220.06 through 220.18, with sentences scaling from one year to nine years in state prison depending on quantity. New York has no statewide decriminalization measure, no licensed psilocybin therapy program, and no major city with formal decriminalization. Multiple legislative attempts to change the law have failed. For the broader picture of which mushrooms are legal across the country, see our complete guide to legal mushrooms in the US.

Four Failed Bills in a Row: New York's Decriminalization History

New York's psilocybin reform efforts have a recognizable rhythm. Assemblymember Linda Rosenthal (D-Manhattan) introduces a bill. The bill gets referred to the Assembly Health Committee. The bill sits there. The session ends. Rosenthal reintroduces a slightly modified version the next session. The cycle repeats.

A10299 (2019-2020 session) was the first attempt. The bill would have removed psilocybin from the Public Health Law § 3306 Schedule I list and decriminalized possession. It was referred to the Health Committee in April 2020 and died there.

A6065 (2021-2022 session) was the second version. Same sponsor, similar text. Same outcome: referred to Health Committee, never voted out.

A114 (2023-2024 session) was a more ambitious version. The bill would have legalized possession, use, cultivation, and gifting of natural plant and fungus-based hallucinogens (psilocybin, DMT, ibogaine, mescaline) for adults and would have legalized kits for cultivation. It died in committee in 2024.

A628 (2025-2026 session) is the current active version. Prefiled in January 2025 by Rosenthal with substantively the same approach as A114. As of early 2026, it remains in the Assembly Health Committee.

In addition to Rosenthal's serial bills, other state lawmakers have introduced separate measures. In 2025, Assembly Health Committee Chair Amy Paulin held a public hearing on potential therapeutic uses of psilocybin and is sponsoring one of three current decriminalization-or-medicalization bills. That hearing is the most public movement toward reform New York has seen, but a hearing is not a vote, and a vote is not a law.

One bill that did pass: a "trigger" provision that automatically reschedules controlled substances in New York if the federal DEA reschedules them. If the DEA moves psilocybin off Schedule I, New York would follow automatically. The DEA has not taken that step.

[Suggested external link: New York State Senate bill A628 tracking page, nysenate.gov]

Penalties for Psilocybin Possession in New York

New York Penal Law treats psilocybin like other Schedule I controlled substances. Penalties scale with quantity:

Criminal possession in the seventh degree (§ 220.03): Class A misdemeanor for any amount. Up to one year in jail and a fine up to $1,000. This is the charge most personal-use defendants face.

Criminal possession in the fifth degree (§ 220.06): Class D felony when possession involves more than 500 milligrams of a hallucinogen or evidence of intent to sell. Sentence range one to two and a half years in state prison.

Criminal possession in the fourth degree (§ 220.09): Class C felony at higher quantities. Three and a half to fifteen years possible.

Criminal sale (§ 220.31 and up): Class B felony or higher depending on quantity. One to nine years for sale of any quantity, up to 25 years for sale of large amounts.

Possession of a precursor or growing kit: Charged under various statutes. Cultivation kits are not specifically scheduled but can be charged as drug paraphernalia or as evidence of intent to manufacture.

Diversion programs exist. New York's Judicial Diversion Program under CPL Article 216 allows certain defendants charged with controlled substance offenses to enter treatment in exchange for charges being dismissed upon successful completion. Eligibility depends on the offense level and the defendant's history.

What NYC Enforcement Actually Looks Like

A common misconception is that New York City has decriminalized psilocybin the way Oakland or Denver did. NYC has not passed a formal city council resolution on entheogen deprioritization. The Manhattan, Brooklyn, Queens, Bronx, and Staten Island District Attorneys each set their own enforcement priorities, and personal-use psilocybin offenses are not at the top of any of those lists in practice. Manhattan DA Alvin Bragg's office, for example, has indicated that low-level drug possession is not a prosecutorial priority for first-time offenders without aggravating factors.

What that means in practice for someone caught with personal-use quantities of psilocybin in NYC: arrest is possible but uncommon, prosecution is possible but unusual, and most cases that do proceed are resolved through diversion or community service rather than jail time. None of that constitutes legal protection. State and federal law still apply. NYPD officers can still make an arrest. The DA's office can still pursue the case. The lack of formal decriminalization means none of the predictability that exists in Oakland or Berkeley applies here.

Outside NYC, enforcement varies dramatically by county. Buffalo, Rochester, Syracuse, and Albany have not enacted deprioritization measures, and rural counties tend toward more aggressive enforcement. Westchester, Nassau, and Suffolk counties on Long Island have prosecuted psilocybin cases as recently as 2024.

What About Mushroom Spores in New York?

Psilocybin mushroom spores occupy a gray area in New York law. Spores do not contain psilocybin until they germinate, which means they fall outside the chemical definition of a controlled substance under federal and most state law. New York has not enacted a California-style spore-specific statute that criminalizes spores themselves. Online vendors generally do ship spore syringes and prints to New York addresses, sold "for microscopy purposes only."

The risk shifts at the moment of cultivation. A germinating spore that produces mycelium and eventually fruiting bodies containing psilocybin becomes a controlled substance under § 3306. Possession of cultivated mushrooms or mycelium-bearing substrate is treated as possession of psilocybin and prosecuted accordingly. The full breakdown of how this works across the country is in our guide to whether mushroom spores are legal.

What IS Legal: Amanita Muscaria and Functional Mushrooms

For New York residents who want a legal psychoactive mushroom experience, Amanita muscaria is the alternative the law actually allows. Amanita muscaria is not psilocybin. It contains the compounds muscimol and ibotenic acid, neither of which appears on the federal controlled substances list or on New York Public Health Law § 3306. Dried Amanita caps, tinctures, and properly tested gummies are legal to purchase, possess, and consume in New York.

The experience is unlike a psilocybin trip. Amanita produces sedative, dream-like, dissociative effects rather than the visual geometry and ego dissolution associated with classical psychedelics. The two compounds inside Amanita work in opposite directions, which is why product quality varies so much across vendors. For a side-by-side breakdown of why this matters, see our explainer on the difference between muscimol and ibotenic acid.

After the 2024 Diamond Shruumz outbreak, in which contaminated mushroom edibles sickened 180 people across 34 states, third-party lab testing became the line between a quality product and a serious health risk. ShroomSpy lists Amanita products from vendors who publish certificates of analysis showing both muscimol and ibotenic acid content per serving. For the complete picture on this species, including identification, history, dosage, preparation, and sourcing, the ultimate Amanita muscaria guide is the place to start.

Functional mushrooms (lion's mane, reishi, cordyceps, turkey tail, chaga) are fully legal in New York, sold openly as foods and supplements, and have no scheduling restrictions. Culinary mushrooms are legal everywhere.

Conclusion

New York has talked about psilocybin reform for six years and produced four failed bills, three pending bills, one Assembly Health Committee hearing, and zero changes to the law. Psilocybin remains a Class A misdemeanor offense for personal possession and a felony at higher quantities. NYC has no formal decriminalization resolution, although first-time personal-use cases are rarely prosecuted aggressively. There is no licensed therapy framework. The legal alternative for an at-home psychoactive mushroom experience is Amanita muscaria, which sits outside both federal and New York controlled-substance schedules. Confirm current statutes and consult an attorney before relying on any of this for a personal decision.

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