Psilocybin law in every state
Psilocybin law · NY
Is psilocybin legal in New York?
ProhibitedSchedule I federally
Psilocybin is illegal in New York: it is a Schedule I controlled substance under Public Health Law §3306, possession is a class A misdemeanor, and medical psilocybin bills remain stuck in committee.
Psilocybin is a controlled substance under state law with no programme for its use. Last checked 26 Oct 2026. Pending bills are re-checked weekly against the legislature; last change recorded 26 Oct 2026. Not legal advice.
Current status
- Psilocybin and psilocyn are listed in Schedule I(d), hallucinogenic substances, N.Y. Public Health Law §3306, Schedule I(d)(18) and (19) (New York State Senate, current page)
- No New York psilocybin bill has passed either chamber in the 2025-2026 session; the main bills remain in Senate committees. (New York State Senate, 9 Jan 2026; New York State Senate, 8 May 2026; New York State Senate, 7 Jan 2026)
Decriminalized cities and counties
None found as of 26 Oct 2026.
A local lowest-priority measure tells city or county police and prosecutors where to spend their time. It does not change state or federal law, and state or federal officers can still enforce it.
Bills
| Bill | What it would do | Status |
|---|---|---|
| S5303A / A2142A2025-2026 | Medical Psilocybin ActWould let patients with qualifying conditions such as treatment-resistant depression, PTSD, substance use disorders and end-of-life distress use psilocybin under a Department of Health program. | PendingAmended and recommitted to Senate Health Committee (New York State Senate, 8 May 2026) |
| S1801A / A3845A2025-2026 | Psilocybin assisted therapy pilot program for veterans and first respondersWould create a state psilocybin-assisted therapy pilot for veterans and first responders with SUNY academic health centers and appropriate $5 million. | PendingAmended and recommitted to Senate Health Committee (New York State Senate, 9 Jan 2026) |
| S495 / A37752025-2026 | Medical use of psilocybin; psilocybin-assisted therapy grant programWould let licensed facilitators provide psilocybin-assisted therapy and fund grants for veterans, first responders and low-income people, appropriating $5 million. | PendingIn Senate Finance Committee (New York State Senate, 7 Jan 2026) |
Penalties
- Knowingly and unlawfully possessing a controlled substance is criminal possession in the seventh degree, a class A misdemeanor (Penal Law §220.03). (New York State Senate, current page)
Federal law applies in New York too
- Peyote and mescaline are listed in Schedule I(c) of the Controlled Substances Act, as are psilocybin, psilocyn, DMT and ibogaine. (Legal Information Institute (Cornell) reproducing the U.S. Code, current)
- Outside the exemptions, distributing a Schedule I substance not named in the large-quantity tiers carries up to 20 years and a fine of up to $1,000,000 for an individual on a first offence (21 U.S.C. 841(b)(1)(C)); simple possession carries up to 1 year and a minimum fine of $1,000 on a first offence (21 U.S.C. 844(a)). (Legal Information Institute (Cornell) reproducing the U.S. Code, current; Legal Information Institute (Cornell) reproducing the U.S. Code, current)
Questions and answers
- Is psilocybin legal in New York?
- Psilocybin is illegal in New York: it is a Schedule I controlled substance under Public Health Law §3306, possession is a class A misdemeanor, and medical psilocybin bills remain stuck in committee.
- Has any city in New York decriminalized psilocybin?
- We found no city or county measure in New York that makes psilocybin a low enforcement priority, as of 26 Oct 2026.
- Are there psilocybin bills in New York?
- 3 bills are still pending: S5303A / A2142A (Amended and recommitted to Senate Health Committee); S1801A / A3845A (Amended and recommitted to Senate Health Committee); S495 / A3775 (In Senate Finance Committee).
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