Where is psilocybin legal near New York?
Nowhere in the Northeast: psilocybin is illegal in New York and every nearby state, and where cities have deprioritized it, it's still a crime under state and federal law. The nearest licensed programs are in the Denver area, Colorado, about 1,780 road miles from Times Square, and in Oregon, about 2,787 miles; New Mexico's medical program isn't open yet.
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On this page
- The short answer
- What do legal, deprioritized and illegal mean?
- Is psilocybin legal in New Jersey or Connecticut?
- Is psilocybin decriminalized in Massachusetts, Maine or D.C.?
- What about Vermont, Pennsylvania and the rest?
- Can a New Yorker legally go to Oregon or Colorado?
- When will New Mexico's program open?
- Questions people ask
- Sources
The short answer
Nowhere near New York. No state from Maine to Maryland has legalized psilocybin, and it's a Schedule I drug under federal law everywhere.1 The nearest licensed programs are healing centers in the Denver area, Colorado, about 1,780 road miles from Times Square, and service centers in Oregon, about 2,787 miles away. New Mexico's medical program isn't open yet.2, 3, 4
In the drawing below, each square is 100 miles of driving from Times Square (OSRM routes to the nearest center in each state's own directory, November 2, 2026), so Colorado is about 32 hours at the wheel. New Mexico has no bar because no one can enroll there yet.2
- Denver area, Colorado1,780 miles The nearest healing centers in the Natural Medicine Division's directory are in north Denver and Arvada. Adults 21+; the statute sets no residency requirement. Source
- Bend, Oregon2,787 miles Two service centers in Bend are the nearest in Oregon's public directory. Adults 21+, and Oregon says clients don't need to live in the state. Source
New Mexico: Not open yet: the law requires the program by December 31, 2027, and the state is aiming for first patients in December 2026. Whether non-residents can enroll isn't settled. Source
What do legal, deprioritized and illegal mean?
Every place on this page falls into one of three groups:
- Legal (regulated) A state licenses supervised adult use: Oregon and Colorado, with New Mexico's medical program being set up.
- Decriminalized More precisely, deprioritized: police are told to make arrests a low priority, but possession and sale stay crimes under state and federal law.
- Illegal New York and every Northeastern state. New Jersey's and Connecticut's research pilots are tagged Therapy pilot below, but possession is an offense in both.
In New York, psilocybin and psilocyn are Schedule I under Public Health Law 3306, and possessing any amount is a class A misdemeanor under Penal Law 220.03.5 We found no city, county or district attorney in the state that has changed that. See whether shrooms are legal in New York, the penalties guide and the Albany bill tracker.
The list covers 21 states, cities and districts by status, each with its measure, date and source, free to download and reuse.
Therapy pilot 2 places
Connecticut
Possession remains a crime; a DMHAS research pilot with Yale offers MDMA- or psilocybin-assisted therapy, and the legislature's research office says Public Act 26-108 opened it to Connecticut residents 18+ who meet IRB criteria.
Public Act 26-108 (SB 191); C.G.S. 17a-484g, . Source
New Jersey
Possession remains illegal; P.L.2025, c.296 created a $6 million Department of Health psilocybin research pilot at three hospitals, research the Legislature intends to comply with FDA and DEA rules.
S2283 (SCS/2R), P.L.2025, c.296, . Source
Decriminalized 9 places
Washington, D.C.
Initiative 81 makes arrests of people 18+ for noncommercial activity with entheogenic plants and fungi, including those containing psilocybin, among MPD's lowest priorities; sales and federal law are unchanged.
Initiative 81, D.C. Law 23-268 (D.C. Code 48-921.51 to .53), . Source
Cambridge, MA
City Council resolution (8-1) places possession and cultivation of entheogenic plants and fungi among the lowest enforcement priorities; still illegal under state and federal law.
City Council resolution, . Source
Easthampton, MA
City Council resolution (7 yes, 2 abstain) makes growing, possessing or using psychedelic plants among the lowest police priorities; date inferred from WBUR's 'Wednesday night' in an Oct 21, 2021 story.
City Council resolution, . Source
Medford, MA
City Council resolution makes possession and noncommercial cultivation and distribution the lowest enforcement priority; exact vote day in February 2024 is unconfirmed.
City Council resolution, "A Resolution Supporting Adult Access and Education for Plant Medicine". Source
Northampton, MA
City Council resolution (7-0 on first reading in March 2021, 8-0 on the final April 1 vote, per Benzinga) treats drug possession, and psychedelic plant cultivation and distribution, as among the lowest enforcement priorities; still illegal under state and federal law.
City Council resolution, "A Resolution Decriminalizing Controlled Substance Possession as well as Cultivation and Distribution of Psychedelic Plants", . Source
Provincetown, MA
The town's Select Board passed a resolution (3-1-1) telling police to deprioritize psilocybin cases; still illegal under state and federal law.
Select Board resolution, . Source
Salem, MA
Unanimous City Council resolution makes adult psilocybin-fungi cases among the lowest enforcement priorities; exact vote day in May 2023 is unconfirmed.
City Council resolution. Source
Somerville, MA
City Council resolution (9-0) makes enforcement against entheogenic plants and fungi a low priority; still illegal under state and federal law.
City Council resolution, . Source
Portland, ME
City Council resolution (6-3) deprioritizes criminal prosecution for personal use of psychedelic mushrooms; still illegal under state and federal law.
City Council resolution, . Source
Illegal 10 places
Delaware
Psilocybin is illegal, and no psilocybin bill was found in the 2023-2026 General Assemblies.
. Source
Massachusetts
Voters rejected 2024 Question 4 (Yes 1,444,797; No 1,902,513), so psilocybin remains illegal statewide.
2024 Question 4, . Source
Maryland
Psilocybin is illegal; a state task force recommended legalizing psilocybin, DMT and mescaline (WYPR, Nov 2025), and 2026 laws extended it to Dec 31, 2027.
HB 427 (Ch. 207) / SB 336 (Ch. 208), 2026; SB 1009 (Ch. 793), 2024, . Source
Maine
A bill to decriminalize up to 1 ounce for adults (LD 1034) failed final enactment in June 2025, so possession remains a Class D crime.
LD 1034 (132nd Legislature), . Source
New Hampshire
Psilocybin is illegal; the Senate tabled a 2025 penalty-reduction bill (HB 528) and killed a 2026 medical advisory board bill (HB 1809).
HB 1809 (2026), . Source
New York
Psilocybin and psilocyn are Schedule I under Public Health Law 3306; possessing any amount is a crime, and we found no city or county in the state that has changed that.
Public Health Law 3306, Schedule I(d)(18) and (19). Source
Pennsylvania
Psilocybin is illegal; 2025-2026 bills to speed access to FDA-approved psilocybin (HB 1439, SB 1149) sit in committee.
HB 1439 / SB 1149 (2025-2026 session), . Source
Rhode Island
Psilocybin is illegal; 2026 bills allowing possession of small amounts and home cultivation (H 7756, H 7925) were introduced, and no enactment was found.
H 7756 / H 7925 (2026), . Source
Vermont
Psilocybin is illegal; a state working group created by Act 126 reported in Nov 2024 that most members did not recommend a state program, and the 2025-2026 bills (S.106, H.452) stalled in committee.
Act 126 of 2024 (S.114), . Source
Amherst, MA
The Town Council passed a supportive resolution endorsing decriminalization and a study task force (one vote against); it is not itself a police deprioritization order.
Town Council resolution on plant medicines, . Source
Download this data. Psilocybin legal status in the Northeast and the nearest legal options to New York: CSV (7 KB) or JSON (10 KB), 21 rows, updated November 3, 2026.
Free to reuse under CC BY 4.0. Please credit Mushrooms New York and link to this page.
Is psilocybin legal in New Jersey or Connecticut?
No. Both states fund psilocybin research, and neither lets adults buy or use it outside a study.
New Jersey: a hospital research pilot
P.L.2025, chapter 296, approved January 20, 2026, creates a Department of Health pilot and appropriates $6,000,000: $2,000,000 for each of three hospitals the department selects, for research the Legislature intends to comply with FDA and DEA regulations. It began as a bill for service centers serving New Jersey residents 21 and older, a model the enacted text strikes out.6 We found no Department of Health announcement naming the hospitals through November 2, 2026; our report on the law has its deadlines.
Possession is still an offense. Since February 4, 2021, possessing one ounce or less of psilocybin has been a disorderly persons offense rather than a third-degree crime, punishable by up to six months in jail, a fine of up to $1,000, or both, according to the bill's statement. More than that is still a third-degree crime.7
Connecticut: the Yale pilot, opened wider
The Department of Mental Health and Addiction Services runs a pilot (C.G.S. 17a-484g), administered by Yale's medical school, that provides MDMA- or psilocybin-assisted therapy "as part of a research program approved by the federal Food and Drug Administration." Public Act 26-108 (SB 191), in force since July 1, 2026, defines a qualified patient as "an individual who is eighteen years of age or older and meets clinical eligibility criteria established by the institutional review board of the medical school selected to administer the pilot program," "including, but not limited to, a resident of the state who is (A) a veteran, (B) a retired first responder, or (C) a direct care health care worker." The legislature's Office of Legislative Research summarizes the act as "allowing Connecticut residents to participate" who are at least 18 and meet those criteria; before it, the pilot was limited to Connecticut veterans, retired first responders and direct health care workers.8 See our report on the act.
Outside the pilot, possession is still a crime: 2025 proposals "that would have decriminalized possession of psilocybin" "did not move forward," a Pullman & Comley review found.9
Is psilocybin decriminalized in Massachusetts, Maine or D.C.?
Only in a narrow sense: police there are told to make it a low priority, but possession is still illegal and nothing is for sale.
Massachusetts
Voters rejected Question 4, which would have let adults 21 and older possess and use psilocybin and four other natural psychedelics, on November 5, 2024. The official count was 1,444,797 yes and 1,902,513 no, or 43.2% yes among 3,347,310 yes or no votes, with 165,620 ballots left blank.10
Somerville, Cambridge, Northampton and Easthampton (2021), Salem and Provincetown (2023) and Medford (2024) have resolutions putting psychedelic plants and fungi, or psilocybin, among their police's lowest enforcement priorities. Amherst's 2022 resolution only endorses decriminalization.11
- What they do: ask local police to make these cases a low priority, and in several cities ask the district attorney to stop prosecuting.11
- What they don't: carry legal force, change state or federal law, or allow sales. Possession is still a crime in these cities, and with Question 4's defeat there's no state licensing system.10
Maine
Portland's City Council voted 6-3 on October 2, 2023 to deprioritize criminal prosecution for personal use of psychedelic mushrooms, a resolution the city's Corporation Counsel called "a statement of the council's opinion."12 Statewide decriminalization (LD 1034) failed final enactment on June 10, 2025, 72-74 in the House and 16-16 in the Senate, and possession remains a Class D crime.13
Washington, D.C.
Initiative 81, D.C. Law 23-268 since March 16, 2021, tells the Metropolitan Police Department to treat investigating and arresting people 18 and older for non-commercial activity with entheogenic plants and fungi, including those containing psilocybin or psilocyn, "as among its lowest enforcement priorities." On prosecution, the people of D.C. only "call upon" the D.C. Attorney General and the U.S. Attorney to stop prosecuting D.C. residents, and the law doesn't cover sales.14
What about Vermont, Pennsylvania and the rest?
Psilocybin is illegal statewide in all of them, and none has a licensed program.
Vermont
A working group created by Act 126 of 2024 reported on November 12, 2024 that "the majority did not recommend the creation of a state program for psychedelic therapy at this time." The 2025-2026 bills H.452 (decriminalization) and S.106 never got past committee referral.15
Pennsylvania
HB 1439, whose sponsor memo is titled "Legislation to Expedite Access to FDA-Approved Psilocybin Treatments," and SB 1149, on veterans' access to "Breakthrough Mental Health Therapies," had not left committee by November 2, 2026.16
The other four
- Rhode Island: 2026 bills H 7756 and H 7925 were introduced; we found no enactment.
- New Hampshire: the Senate killed a 2026 medical advisory board bill (HB 1809) on May 7, 2026.
- Maryland: 2026 laws extended a state task force on natural psychedelics to December 31, 2027.
- Delaware: we found no psilocybin bill in the 2023 to 2026 General Assemblies.
Each of the four is linked to its source in the status list above.
Can a New Yorker legally go to Oregon or Colorado?
Under state law, yes, at 21 or older. Oregon says you don't have to live there, and Colorado's statute doesn't make residency a condition. In both, you take psilocybin at a licensed center under a facilitator's supervision, and federal law still applies (see below).
| Question | Oregon | Colorado |
|---|---|---|
| Minimum age | 214 | 2117 |
| Must you live there? | No4 | The statute is silent17 |
| Licensed centers | 20 service centers in OHA's public directory, November 2, 202618 | 47 healing center licenses (12 standard, 35 micro), October 30, 20263 |
| Nearest to Times Square | Bend, 2,787 road miles2 | North Denver and Arvada, 1,780 road miles2, 3 |
| Clients from out of state | At least 43.0% of clients served, April to June 202618 | Not published3 |
Oregon's directory shows only licensees that agree to be listed, and OHA says it "is not a comprehensive list of all OPS licensees." OHA's licensing dashboard counts license statuses, not open centers: its Q2 2026 archive shows 22 service center licenses "approved" and 27 "renewed" between January 2023 and September 2026, and one license can hold both statuses. Colorado's directory is filled in by the centers themselves, so either directory could miss a center.18, 3
Oregon
"Clients do not need to live in Oregon to access psilocybin services," the Oregon Health Authority says. No prescription is needed, a preparation session with a licensed facilitator comes first, and the administration session at a service center "is the only time a client may purchase and consume psilocybin products." OHA adds that products "may not be purchased and taken off-site."4
Colorado
The statute defines a participant as "an individual who is twenty-one years of age or older and who receives natural medicine services performed by and under the supervision of a facilitator."17 It says nothing about residency, and the Natural Medicine Division pages we checked don't address it either way.3
How many clients come from out of state?
In Oregon, 525 of the 1,220 clients served from April to June 2026 (43.0%) gave a home elsewhere in the U.S., up from 1,753 of 5,935 (29.5%) for all of 2025. That's a floor, because 291 clients opted out of reporting. Measured instead against the 821 residence responses OHA published, which include 51 clients who declined to answer and leave out Oregon counties with fewer than 12 clients, the share is 64%. OHA doesn't report home states, so there's no count of New Yorkers.18 Colorado's 2025 annual report counted 109 participants from August to December 2025, in preliminary data healing centers shared voluntarily, with no residency breakdown.3
Federal law still applies
A state license doesn't change federal law: psilocybin and psilocyn are Schedule I at 21 CFR 1308.11(d)(29) and (30).1
- Mailing it is a federal crime. When distributing a controlled substance is unlawful, "then the mailing of the substance is also unlawful under 18 U.S.C. ยง 1716," the Postal Service says.19 Using the mail to commit or help commit a federal drug felony is a separate offense under 21 U.S.C. 843(b).20
- Carrying it home is illegal too. Federal law applies in every state on the drive back, and possessing any amount in New York is a class A misdemeanor.1, 5
When will New Mexico's program open?
Not yet. The Medical Psilocybin Act (SB 219, Laws 2025, chapter 73), signed April 7, 2025, requires the Department of Health to implement a medical program "by December 31, 2027." Qualifying conditions are treatment-resistant major depression, PTSD, substance use disorders, end-of-life care and others the department approves.21 The department is "accelerating the program's launch to December 2026," Marijuana Moment reported on October 14, 2026, with psilocybin given only in supervised sessions at approved locations.22
The patient rule, 7.35.3 NMAC, had its public hearing on October 2, 2026 and was still listed among the department's pending rulemakings on November 2.22, 23 Whether non-residents can enroll is undecided: the statute's definition of a qualified patient doesn't mention residency, and the proposed rule's patient application asks for an address and a driver's license "or comparable photo identification card."21, 23
Questions people ask
Is psilocybin legal in New Jersey?
Is psilocybin decriminalized in Massachusetts?
Can I legally take psilocybin in Oregon or Colorado if I live in New York?
What's the closest place to NYC where psilocybin is legal?
Licensed healing centers in the Denver area, Colorado, about 1,780 road miles from Times Square.2, 3 In New York the legal route is a clinical trial: our trials directory lists 12 studies recruiting at New York sites.
Sources
- 21 CFR 1308.11, Schedule I, paragraph (d) hallucinogenic substances: (29) psilocybin, (30) psilocyn. Electronic Code of Federal Regulations, current to October 30, 2026. Statute: 21 U.S.C. 812(c), Schedule I(c)(15) and (16).
- OSRM driving routes from Times Square (40.7580, -73.9855) to Bend, Oregon, and to healing center addresses in north Denver and Arvada, Colorado. Project OSRM, computed November 2, 2026.
- Natural Medicine Division: approved licenses as of October 30, 2026; Accessing regulated natural medicine and its healing center directory; 2025 annual report (February 2, 2026). Colorado Department of Revenue, read November 2, 2026.
- Accessing psilocybin services. Oregon Health Authority, Oregon Psilocybin Services, read November 2, 2026.
- New York Penal Law 220.03, criminal possession of a controlled substance in the seventh degree and Public Health Law 3306, Schedule I(d)(18) and (19). New York State Senate.
- P.L.2025, chapter 296 (Senate Committee Substitute, Second Reprint, for S2283). New Jersey Legislature, approved January 20, 2026. Hospital announcements: New Jersey Department of Health 2026 news archive, read November 2, 2026.
- P.L.2021, chapter 9 (S3256), amending N.J.S. 2C:35-10, with the bill's statement. New Jersey Legislature, approved February 4, 2021.
- Public Act 26-108 (SB 191), An Act Concerning the Psychedelic-Assisted Therapy Pilot Program, approved June 4, 2026, and the Office of Legislative Research public act summary. Connecticut General Assembly.
- Progress report: psychedelic drug legislation in Connecticut and nearby states. Pullman & Comley, Connecticut Health Law Blog, July 15, 2025.
- 2024 Question 4, natural psychedelic substances: official statewide results. Secretary of the Commonwealth of Massachusetts.
- Provincetown moves to decriminalize psychedelics for adults. WBUR, December 14, 2023. Each city's own record and source is in the status list on this page.
- Portland passes resolution "deprioritizing" prosecution of psychedelic possession. Spectrum News Maine, October 5, 2023.
- LD 1034 (132nd Legislature), status: "Enactment Failed, Jun 10, 2025". Maine Legislature. Vote tallies and penalty class: Gigafact, "Did the Maine Legislature legalize psychedelic mushrooms?"
- D.C. Law 23-268, Entheogenic Plant and Fungus Policy Act of 2020 (Initiative 81), effective March 16, 2021, codified at D.C. Code 48-921.51 to 48-921.53. Council of the District of Columbia.
- Psychedelic Therapy Advisory Working Group, final report (November 12, 2024); bill status for S.114 (Act 126), H.452 and S.106. Vermont General Assembly.
- HB 1439 (2025-2026) and SB 1149 (2025-2026), with sponsor memos. Pennsylvania General Assembly.
- C.R.S. 12-170-104(15), definition of "participant". Colorado Revised Statutes, Natural Medicine Health Act of 2022.
- Oregon Psilocybin Services client data file, Q2 2026; 2025 year-end data summary; Q2 2026 data dashboard archive; public licensee directory (read November 2, 2026) and its directory page. Oregon Health Authority.
- Publication 52, Hazardous, Restricted, and Perishable Mail, section 453.31, controlled substances. U.S. Postal Service, read November 2, 2026.
- 21 U.S.C. 843(b), use of a communication facility, which "includes mail". Legal Information Institute, Cornell Law School.
- SB 219, Medical Psilocybin Act (Laws 2025, chapter 73), sections 3 and 7, and its bill history ("Signed by Governor, Chapter 73, Apr. 7"). New Mexico Legislature, signed April 7, 2025.
- Proposed New Mexico psilocybin rules get pushback from lawmakers and advocates. Marijuana Moment, October 14, 2026.
- Notice of proposed rule 7.35.3 NMAC, Medical Psilocybin Program (hearing October 2, 2026), the proposed rule text, 7.35.3.8 NMAC patient application, and the department's rules page, which lists 7.35.3 under pending rulemakings (read November 2, 2026). New Mexico Department of Health.
Keep reading
Are shrooms legal in New York?No: psilocybin is Schedule I in New York, any amount is a crime and nowhere in the state has decriminalized it.
Can you get legal psilocybin therapy in NYC?Trials, Spravato and ketamine clinics, Oregon and Colorado: what's legal for New Yorkers now, and what isn't.
Where do New York's psilocybin bills stand?Every psilocybin and psychedelic bill filed in Albany since 2019, with sponsors, stage reached and last action.
Reported and checked by the Mushrooms New York desk. Every figure on this page links to its source. If something is wrong or out of date, tell us and we'll correct it in the open, as our editorial standards describe. Mushrooms New York is published by the team behind My Mushroom Dispensary, an online shop. We sell no advertising.