What are the penalties for psilocybin in New York?

The short answer

Psilocybin and psilocyn are Schedule I drugs in New York, and the Penal Law treats them as a "hallucinogen".¹ Possessing any amount is a class A misdemeanor, punishable by up to 364 days in jail. Selling any amount is a class D felony. Charges climb to class C, B and A-II felonies as the weight of psilocybin rises, and a first offense at class A-II carries 3 to 10 years in prison.^{2, 3, 4}

This page explains the statutes in plain words, quoting the official New York Senate copies. It isn't legal advice: if you've been charged, talk to a criminal defense lawyer. For whether anything is legal at all, see are shrooms legal in New York.

Which possession charges apply to psilocybin?

These possession charges can reach psilocybin. The weights below are the weight of the hallucinogen, not of the mushrooms (see how weight is counted).²

The statutes are short. Seventh degree is anyone who "knowingly and unlawfully possesses a controlled substance". Fourth degree adds "a hallucinogen and said hallucinogen weighs twenty-five milligrams or more", and second degree "six hundred twenty-five milligrams or more".² First degree (§ 220.21) covers only narcotic drugs and methadone, so it can't apply to psilocybin.²

Is giving shrooms away a sale?

Yes. Penal Law § 220.00(1) says "sell" means "to sell, exchange, give or dispose of to another, or to offer or agree to do the same."¹ Handing a friend mushrooms is a sale in law, and so is offering to. These are the sale offenses that reach psilocybin:³

The first-degree sale charge (§ 220.43) covers only narcotic drugs and methadone.³ Our page on mushroom delivery in NYC covers what this means for delivery accounts.

How is weight counted: the mushrooms or the drug?

The drug. For narcotics, the same sections count the "aggregate weight" of any mixture that contains the drug. The hallucinogen subdivisions are written differently: "said hallucinogen weighs".² Read plainly, the thresholds count psilocybin itself, not the mushrooms it's in.

New York's top court said as much in 1993. In 82 N.Y.2d 497, a case about a package of mushrooms charged as attempted second-degree possession, the Court of Appeals listed psilocybin among "controlled substances measured by 'pure' weight". The mushrooms weighed 932.8 grams, and a 140 gram sample contained 796 milligrams of psilocybin. The court found "no evidence linking psilocybin weight to mushroom weight", held that the defendant had to know the weight, and dismissed the indictment while leaving prosecutors free to pursue attempted seventh-degree possession.⁶

The Legislature later dropped the knowledge part: effective June 10, 1995, it "abrogated" the requirement that prosecutors prove a defendant knew the weight, according to the state courts' jury instruction notes. Penal Law § 15.20(4) now says that where "the aggregate weight of a controlled substance" is an element, knowledge of that weight "is not an element".⁷ The "said hallucinogen weighs" wording is still in the statute, and we found no later controlling decision on weighing whole mushrooms. For comparison, in June 2026 State Police in the Town of Tuxedo charged second-degree possession, the 625 mg tier, in a case involving "approximately 45 grams of psilocybin mushrooms".¹³ An arrest charge isn't a conviction.

How does sentencing work?

Misdemeanors. Under § 70.15(1), a class A misdemeanor sentence "shall be a definite sentence" and "shall not exceed three hundred sixty-four days." The fine can reach $1,000 (§ 80.05(1)).^{4, 5}

Class B, C and D felonies. For a first felony drug offender, § 70.70(2)(a) requires a determinate prison term with post-release supervision: class B "at least one year and shall not exceed nine years" (at least two years for a sale on school grounds or a school bus, or to a child), class C one to five and one-half years, class D one to two and one-half years.⁴ The court can instead impose probation or, if it finds a prison term would be "unduly harsh", a jail term of a year or less. For a sale to a child, the jail alternative isn't available, and probation needs the prosecutor's recommendation described below.^{4, 5}

Class A-II felonies. Under § 70.71(2)(b)(ii), "the term shall be at least three years and shall not exceed ten years", plus post-release supervision.⁴ Probation, for life, is possible only if the prosecutor recommends it because the defendant gave "material assistance in the investigation, apprehension or prosecution of a person for a felony", with an administrative judge's agreement (§§ 60.04(2), 65.00(1)(b)).⁵

Felony fines can reach $5,000 or double the defendant's gain, and the statute allows up to $50,000 for class A-II, $30,000 for class B and $15,000 for class C drug felonies (§ 80.00(1)).⁵ These ranges are for a first felony drug offender; earlier felony convictions raise them.⁴ In practice, several defendants in a 2024 Washington Square Park mushroom and cocaine case got sentences "ranging from probation to 2 ½ years in prison", the Special Narcotics Prosecutor reported.¹⁴

How often does New York City use these charges?

NYPD arrest data has no psilocybin category, but it records the statute subdivision of each arrest's top charge. Counting arrests whose top charge was one of the six "hallucinogen" weight subdivisions above gives this:¹²

Read it with care. "Hallucinogen" also covers a few other scheduled drugs; seventh-degree possession names no drug, so small psilocybin cases can't be picked out; only the top charge is recorded; and arrests aren't convictions.^{12, 1}

Can a psilocybin charge be diverted or sealed?

Judicial diversion (CPL Article 216). Anyone charged by indictment or superior court information with "a class B, C, D or E felony offense" under Article 220 is eligible, with exclusions for certain prior violent felonies and recent class A drug felonies unless the prosecutor consents. At the defendant's request, the court may order an "alcohol and substance use evaluation" and then decides whether to offer treatment; eligibility isn't a guarantee.⁸ The class A-II psilocybin charges aren't covered. For misdemeanors, some district attorneys run their own diversion: see what New York City's DAs have done.

Conditional sealing (CPL § 160.58). After someone finishes judicial diversion, or "another judicially sanctioned drug treatment program of similar duration, requirements and level of supervision", and completes the sentence, the court can seal an Article 220 conviction and "no more than three" earlier eligible misdemeanors. A later arrest or formal charge for a misdemeanor or felony unseals them.⁹

Automatic sealing, the Clean Slate law (CPL § 160.57). It seals misdemeanor convictions at least three years, and felony convictions at least eight years, after sentencing or release. Sex offenses and class A felonies are excluded, but Article 220 class A felonies can be sealed. Among its other conditions, nothing is sealed while a later charge is pending in New York or while the person is on probation or parole for that conviction.¹⁰

Does the Good Samaritan law protect you?

Yes, for possession. Under § 220.78(1), a person who, "in good faith, seeks health care for someone who is experiencing a drug or alcohol overdose or other life threatening medical emergency shall not be charged or prosecuted for a controlled substance offense", other than one "involving sale for consideration or other benefit or gain". The protection covers drugs "obtained as a result of such seeking or receiving" of health care, and subdivision 2 extends it to the person having the emergency.¹¹ Seventh-degree possession has the same exception built in.²

There are limits. For a sale charge, seeking help is an affirmative defense only for someone with no prior class A-I, A-II or B felony conviction under Article 220, and the defense doesn't apply to class A-II prosecutions. The law doesn't stop police from seizing drugs or using evidence against other people.¹¹ In an emergency, call 911. Poison Control is 1-800-222-1222. Our safety and help page lists more.