Psilocybin Laws in New York

How New York law treats magic mushrooms (psilocybin), from the state code and official state agencies.

Short answer: Psilocybin and psilocyn are Schedule I controlled substances in New York. Knowingly and unlawfully possessing any amount of a controlled substance is at least criminal possession of a controlled substance in the seventh degree, a class A misdemeanor (up to 364 days); N.Y. Public Health Law 3306, Schedule I(d)(18)-(19); N.Y. Penal Law 220.03

Magic mushrooms (psilocybin)	Psilocybin and psilocyn are Schedule I controlled substances in New York. Knowingly and unlawfully possessing any amount of a controlled substance is at least criminal possession of a controlled substance in the seventh degree, a class A misdemeanor (up to 364 days); possession of larger amounts or with intent to sell is charged as a felony under higher-degree sections. Possession discovered because a person sought emergency help for an overdose or medical emergency is not a violation of that section. New York has no legal psilocybin program under the sections read. Schedule: https://www.nysenate.gov/legislation/laws/PBH/3306 . Penalties (N.Y. Source: N.Y. Public Health Law 3306, Schedule I(d)(18)-(19); N.Y. Penal Law 220.03

Magic mushrooms (psilocybin)

Psilocybin and psilocyn are Schedule I controlled substances in New York. Knowingly and unlawfully possessing any amount of a controlled substance is at least criminal possession of a controlled substance in the seventh degree, a class A misdemeanor (up to 364 days); possession of larger amounts or with intent to sell is charged as a felony under higher-degree sections. Possession discovered because a person sought emergency help for an overdose or medical emergency is not a violation of that section. New York has no legal psilocybin program under the sections read.

Schedule: https://www.nysenate.gov/legislation/laws/PBH/3306 . Penalties (N.Y.

Source: N.Y. Public Health Law 3306, Schedule I(d)(18)-(19); N.Y. Penal Law 220.03

More New York criminal law

FAQ

Are magic mushrooms legal in New York?

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.