Plain-language guide to New York’s psilocybin, MDMA, and psychedelic laws — what’s legal, what isn’t, and what may change.
New York has no decriminalization and no licensed program. Multiple bills have been introduced in successive sessions, reflecting significant legislative interest, but none have passed as of 2026. Psilocybin mushrooms are Schedule I under New York Public Health Law §3306 and federal law.
As of 2026, New York does not have a licensed psilocybin access program. Legal options for residents include:
No. Psilocybin is a Schedule I controlled substance under New York Public Health Law §3306(d). No state-level reform has passed. Multiple bills have been introduced over successive sessions — including A114, A8685/S4982, and S4911 (2025) — but none has advanced to a final vote and signature.
No. New York City has not passed a decriminalization or deprioritization resolution for psilocybin mushrooms. The Brooklyn, Manhattan, Queens, or Bronx DAs have not issued formal deprioritization policies. New York state Schedule I law applies throughout the city.
The only legal pathways in New York are clinical trials (check ClinicalTrials.gov for psilocybin trials enrolling in NY) and ketamine therapy, which is legal and widely available in New York City. Traveling to Oregon or Colorado for a licensed psilocybin session is legal; transporting product back to New York is not.
There is no certain timeline. Multiple bills have been introduced in each session since 2021 without passing. Advocates project a possible bill passage within 1-3 years if political momentum builds, but this is speculative.