Psilocybin is illegal here. This is where things stand.

Are magic mushrooms legal in New York?

No. New York lists psilocybin and psilocyn, the compounds in magic mushrooms, in Schedule I of its controlled substances law, and the listing covers any material that contains them, mushrooms included.¹ Under the Penal Law, possessing any amount is a class A misdemeanor, larger weights are felonies, and giving mushrooms away counts as a sale.^{2, 3} No city or county in the state has decriminalized them, and the state has no licensed program like Oregon's or Colorado's.⁴

This site is published by the team behind My Mushroom Dispensary, an online shop for adults 21+ that ships nationwide. We say so on every page where the shop appears, because ordering psilocybin is illegal under federal law and in New York, and readers deserve to know who is telling them that. Everything else here is reference: the statutes, the bills, the trials, the cases and the help lines, each with its source.

What this site keeps track of

Three records, checked against primary sources and free to reuse under CC BY 4.0:

• The Albany bill tracker: 20 psilocybin and psychedelic proposals filed since 2019 (29 bill numbers, counting Senate and Assembly versions), how far each got, and who sponsored it. 15 had a New York City sponsor.
• The New York trials list: 30 studies on ClinicalTrials.gov that use psilocybin or a close relative and list a site in New York State, 12 of them recruiting at a New York site now.
• Where it's legal near New York: the status in each Northeastern state, the cities that have deprioritized it, and the road distance to the nearest licensed programs.

What could change, and when

Every psilocybin bill of the 2025-2026 session, including the Medical Psilocybin Act (A2142-A and S5303-A), was still in committee when the Legislature finished its work in early June 2026.⁵ The Assembly Health Committee held a public hearing on the medicinal value of psilocybin on September 30, 2025, at 250 Broadway in Manhattan.⁶ Bills that haven't passed die when the session ends on December 31, 2026, and have to be filed again, with new numbers, in the 2027-2028 session that starts in January 2027.⁵

One law already on the books matters more than it sounds. In 2022 New York passed, 62 to 0 in the Senate and 146 to 0 in the Assembly, a law that makes the state follow when federal authorities move a Schedule I drug to a lower schedule.⁷ If the FDA approves a psilocybin medicine and the DEA reschedules it, that medicine can follow in New York without a new vote. It wouldn't make mushrooms legal.

In New York City

No borough has its own rule, and the City Council has never passed a resolution or law on psilocybin.⁴ Enforcement continues: in April 2026 a DEA-led team seized about 30 pounds of psilocybin mushrooms from an apartment in the Bronx, and in 2024 the Sheriff's smoke-shop raids turned up psychedelic mushroom products alongside illegal cannabis.^{8, 9} NYPD records show 144 arrests in 2025 whose top charge was a hallucinogen weight offense, a category that includes psilocybin but isn't limited to it.¹⁰

Use is common anyway. In federal survey estimates for 2023 to 2024, 4.24% of New York State residents 12 and older used a hallucinogen in the past year, about 718,000 people, against 3.36% nationally.¹¹ The city guide covers the five boroughs, and separate pages cover storefront "dispensaries", delivery accounts and buying online.

If something goes wrong

Call 911 for chest pain, a seizure, trouble breathing, someone who won't wake up, or anyone at risk of hurting themselves or others, and call if you're not sure. New York's Good Samaritan law protects a person who seeks help in good faith for an overdose or other life-threatening emergency, for themselves or someone else, from being charged with drug possession over what's found as a result. Selling for money or other gain isn't covered.¹² For a mental health crisis, call or text 988. Poison Control answers at 1-800-222-1222, and the NYC Poison Center at 212-POISONS (212-764-7667).¹³ Our safety and help page has the rest, including what the city's drug-checking sites can and can't test.