Are mushrooms legal in NYC?

This page is general legal information, not legal advice. Laws change, and how they apply depends on individual circumstances. If you are facing charges, consult a licensed New York attorney.

The short answer

Psilocybin and psilocin — the psychoactive compounds in "magic mushrooms" — are Schedule I controlled substances under New York Public Health Law § 3306 and under federal law. It is illegal to possess, sell, or grow psilocybin mushrooms anywhere in New York, including all five boroughs. New York City has not passed any local law changing that, and no New York State decriminalization or medical-access measure has been enacted.

What the penalties look like

Penalties under the New York Penal Law depend on the amount and the circumstances:

• Possessing any amount of a hallucinogenic substance is a crime. The lowest-level charge, criminal possession of a controlled substance in the seventh degree, is a Class A misdemeanor that can carry up to 364 days in jail.
• Larger amounts are charged as felonies, with potential state prison sentences that increase with weight.
• Selling, or possessing with intent to sell, is treated far more severely than simple possession and is a felony even at relatively small amounts.
• Growing psilocybin mushrooms is treated as manufacturing a controlled substance, not as a lesser offense.

A conviction can also carry consequences beyond the sentence, including effects on employment, housing, professional licensing, and immigration status.

What about the mushroom shops around the city?

Storefronts selling products marketed as containing psilocybin have appeared in New York City in recent years. Their existence does not make these products legal. Selling psilocybin remains a felony under state law, buying it remains a crime, and city and state enforcement actions against such shops have continued. Products sold this way are also unregulated — there is no quality control, no dosing standard, and no guarantee of what they actually contain.

Is decriminalization coming?

Maybe, but it has not happened. Bills to decriminalize psilocybin or create regulated therapeutic access have been introduced in the New York State Legislature in successive sessions, and public hearings have been held. None have passed. An introduced bill is not a law, and nothing currently pending changes the legal status of psilocybin in New York today. Federal policy is also evolving — federal agencies have been directed to accelerate research into psychedelic therapies — but federal rescheduling has not occurred either.

What is actually legal

• Clinical trials. Psilocybin can be administered legally in approved research studies. ClinicalTrials.gov lists active studies, including some recruiting in New York.
• Ketamine therapy. Ketamine is legal with a prescription, and the FDA-approved esketamine nasal spray (Spravato) is available through certified clinics for certain diagnoses.
• Other states' programs. Oregon and Colorado operate licensed psilocybin service programs for adults. Participating there is lawful under those states' rules — but bringing any psilocybin product back to New York is not.

If substance use is a concern for you or someone you love

People ask about psilocybin for many reasons — curiosity, self-treatment of depression or trauma, or concern about someone's use. If you are trying to stop using any substance and finding it hard, or you are worried about a family member, evidence-based support exists and much of it is covered by insurance or available at low cost.

• Understand treatment options in NYC — detox, outpatient, medication treatment, and recovery support explained.
• Guidance for families — how to talk to someone about getting help.
• Crisis resources — free, confidential public support lines, including 988 and NYC Well.
• Insurance and payment questions — what to ask before starting treatment.

Frequently asked questions

Are mushroom spores legal in New York?

Spores occupy a legal gray area because they do not contain psilocybin, but growing them into mushrooms is illegal manufacturing. Possessing spores with intent to cultivate can still lead to charges. This is an area where you should consult an attorney rather than rely on general information.

Is microdosing legal?

No. The law does not distinguish between large and small doses — possessing any amount of psilocybin is a crime in New York.

Can I get psilocybin therapy legally in New York?

Not outside an approved clinical trial. No licensed psilocybin treatment program exists in New York as of 2026. Anyone offering paid psilocybin "therapy" or "ceremonies" in New York is operating outside the law, with no licensing, oversight, or safety standards.

Does this page give legal advice?

No. NYC Addiction Help is an independent information resource, not a law firm or medical provider. For advice about a specific situation, speak with a licensed New York attorney.