Is Amanita muscaria legal in New York?

The short answer

Amanita muscaria, the mushroom also called fly agaric, isn't a controlled substance in New York or under federal law: neither the DEA's list of controlled substances nor New York's Public Health Law schedules name it, muscimol or ibotenic acid.^{1, 3} That doesn't make Amanita gummies a legal food. On December 18, 2024, FDA said Amanita muscaria, its extracts, muscimol, ibotenic acid and muscarine "are not authorized for use as ingredients in conventional food," and lab tests have found psilocybin or psilocin, which are Schedule I in New York, in gummies labeled as Amanita.^{2, 4, 6}

If someone is sick after eating Amanita or an Amanita gummy, call 911 for a seizure, trouble breathing, chest pain, a person who won't wake up or anyone who may hurt themselves or others, and call 911 if you're not sure. Otherwise call Poison Control at 1-800-222-1222 or the NYC Poison Center at 212-POISONS (212-764-7667), open 24 hours a day.^{7, 13}

What does federal law say about Amanita muscaria?

The Drug Enforcement Administration's alphabetical list of controlled substances, in its October 21, 2026 edition, lists psilocybin (drug code 7437) and psilocyn (7438) in Schedule I. It doesn't list Amanita muscaria, muscimol or ibotenic acid.¹

Federal action has come through food law. FDA's December 18, 2024 alert to industry and consumers, which announced a letter to food manufacturers, says:

• Amanita muscaria, its extracts, muscimol, ibotenic acid and muscarine "are not authorized for use as ingredients in conventional food." They don't meet the "Generally Recognized As Safe" (GRAS) standard and are "unapproved food additives."
• FDA has seen them in foods marketed as "psychedelic edibles," "legal psychedelics" or "mushroom edibles," and it recommends "that people avoid eating foods with these ingredients."
• The review followed adverse event reports, news reports and "inquiries from state and local regulators." Use in dietary supplements is still under evaluation.

The same notice points out that FDA's "Bad Bug Book," released in 2012, identifies Amanita muscaria and its constituents as toxic agents that cause poisoning when eaten.²

What does New York law say?

New York schedules drugs in Public Health Law 3306. Its hallucinogen list, Schedule I(d), names psilocybin and psilocyn but not Amanita muscaria, muscimol or ibotenic acid.³ New York's cannabis regulators oversee cannabis and hemp: Cannabis Law 10, which sets the Cannabis Control Board's powers and duties, covers "medical cannabis, adult-use cannabis and cannabis product, and cannabinoid hemp" and doesn't mention mushrooms.¹²

We found no bill in Albany that would schedule or regulate Amanita; if one is filed, our bill tracker will add it. For context, here is what Albany has done on kratom. On December 22, 2025, Governor Hochul signed S4552A/A2340A, banning kratom sales to anyone under 21, and S8285/A5852A, requiring ingredient lists and warnings.¹⁰ S8925A, which limits 7-OH (7-hydroxymitragynine, a kratom compound) in products, passed both houses in June 2026; the Senate's bill page showed no signature as of November 2, 2026.¹¹ None of those bills mentions mushrooms or Amanita.^{10, 11}

The label matters less than the contents. New York's Schedule I covers "any material, compound, mixture, or preparation, which contains any quantity of" psilocybin or psilocyn.³ A gummy sold as Amanita that actually contains psilocin is a controlled substance in New York. Our guides to New York's psilocybin law and the penalties explain the charges.

What are muscimol and ibotenic acid, and how is Amanita different from psilocybin mushrooms?

• Muscimol, a psychoactive compound in Amanita muscaria, has "sedative/hypnotic, depressant, and hallucinogenic activity" and acts on the brain's GABA-A receptors.⁴
• Ibotenic acid, also found in Amanita muscaria and Amanita pantherina, acts on glutamate receptors. CDC lists agitation, euphoria and seizures among the signs of intoxication.⁴
• Psilocybin and psilocin, the compounds in "magic" mushrooms, are tryptamines, and researchers expect serotonin-like (serotonergic) effects from them; muscimol acts on GABA-A receptors instead.^{6, 4}

CDC notes that Amanita muscaria "is used less commonly as a hallucinogen than are psilocybin-containing mushrooms because A. muscaria can cause undesired symptoms, including gastrointestinal upset, agitation, and seizures."⁴ This page doesn't cover identifying, collecting or preparing any mushroom.

What's actually in gummies sold as Amanita?

Often something other than Amanita, as far as labs can tell. Four sets of published test results on products sold as Amanita, or found to contain its compounds, turned up other drugs:

• Virginia, 2023: in gummies tested for CDC's MMWR, three brands listed Amanita muscaria. Urb's "Magic Amanita" gummies contained psilocybin and psilocin; Wonderland "Legal Psychedelics" gummies contained psilocin, DMT, caffeine and mitragynine (kratom); Psilly's "Legal Psychedelic Mushrooms" gummies contained ephedrine. The lab couldn't test for muscimol or ibotenic acid.⁴
• Portland, Oregon, 2025: two gummy products that claimed Amanita extracts had no detectable ibotenic acid or muscimol, but did contain psilocin and other tryptamines.⁶
• DoubleBlind's tests, 2024: Road Trip gummies listed Amanita muscaria, which the lab didn't detect; it found the synthetic hallucinogen 4-AcO-DMT instead, which the label didn't list.⁸
• Diamond Shruumz, 2024: FDA found muscimol in 9 of 22 chocolate bars and 5 of 10 cones, alongside psilocin and 4-AcO-DMT in many samples.⁷

Amanita products have been sold in New York City: in 2024, DoubleBlind's reporter "routinely noticed" Psillys gummies, which list "fly agaric extract," in smoke shops across the city.⁸ Our page on smoke-shop mushroom gummies in NYC has the full test results. The city's drug-checking sites can't help here: they test powders and pills, and "plant matter and most liquids cannot be tested."¹⁴

Can Amanita muscaria poison you?

Yes. Poison centers and CDC have reported illnesses serious enough for emergency care:

• Oregon Poison Center, 2002 to 2016: 34 cases involving mushrooms that contain ibotenic acid and muscimol, 23 of them Amanita muscaria. 25 people had symptoms, mixing stomach upset, agitation and sedation; 5 were intubated and none died.⁵
• Virginia, 2023 to 2024: four adults who ate gummies labeled as Amanita went to emergency departments with a racing heart, confusion, anxiety or sleepiness, and nausea; one had chest pain. A 3-year-old who ate two gummies was hospitalized.⁴
• U.S. poison centers, 2023 and 2024: 362 exposures to psychoactive mushroom edibles (Amanita, psilocybin or unspecified), with no deaths; mixing with other substances was linked to more hospital admissions.⁹
• The 2024 Diamond Shruumz outbreak: 180 illnesses in 34 states, 2 in New York. FDA said muscimol "does not appear in all products and cannot explain all the symptoms" people reported.⁷

Call 911 right away for a seizure, trouble breathing, chest pain, a person who can't be woken, or anyone who may hurt themselves or others, and call when in doubt. For everything else, Poison Control is 1-800-222-1222 and the NYC Poison Center is 212-POISONS (212-764-7667).^{7, 13} Tell responders exactly what was eaten: CDC notes that common hospital urine drug screens don't usually detect the substances found in these gummies.⁴ New York's Good Samaritan law protects people who call for help; our safety and help page explains it.