Is psilocybin legal in New York?
Is psilocybin legal in New York?
No. Psilocybin is a controlled substance in New York with no state program, pilot or reform. Possession is a criminal offense.
As of 30 August 2026, psilocybin remains a Schedule I controlled substance under the federal Controlled Substances Act. It has not been approved by the FDA and has not been rescheduled by the DEA. A state program protects you under state law only.
- Status in New York
- Illegal
- Federal status
- Schedule I
- Key law
- A.2142, A.3845, S.495 (pending)
- Nearest legal access
- Colorado
What the law says in New York
Illegal statewide. Several regulated-access and veteran pilot bills remain in committee; none has been enacted.
Key law: A.2142, A.3845, S.495 (pending).
If you are looking for legal access
The nearest legal option to New York is Colorado
Colorado runs a licensed supervised-access program with no residency requirement, so people do travel for sessions. Expect roughly $1,000–$3,500 out of pocket — no insurer covers it.
You cannot lawfully bring psilocybin back to New York. Possession outside the licensed system is a crime in Colorado too, and carrying it across state lines is a federal offense.
This entry records the absence of reform rather than a specific program, so it rests on the state’s controlled-substances schedule rather than a source we link. If New York has changed something we have missed, tell us — corrections are published with a dated note.
Common questions
Psilocybin in New York
- Is psilocybin legal in New York?
- No. Psilocybin is a controlled substance in New York with no state program, pilot or reform. Possession is a criminal offense. As of 30 August 2026, psilocybin remains a Schedule I controlled substance under the federal Controlled Substances Act. It has not been approved by the FDA and has not been rescheduled by the DEA.
- Where is the nearest place to New York that psilocybin is legal?
- Colorado. Neither Oregon nor Colorado has a residency requirement, so people do travel for supervised sessions. You cannot legally bring psilocybin home — possession outside the licensed system is a crime in both states, and transporting it across state lines is a federal offense.
- Does New York law override federal law on psilocybin?
- No. Psilocybin remains a Schedule I controlled substance under the federal Controlled Substances Act, and federal law applies in every state regardless of state programs. A state license protects you under state law only.
Compare
Other states with illegal
Same legal category, different detail. The differences matter.
What people ask next
- When will psilocybin be available on prescription? — the pipeline, by clinical phase.
- How does it compare with ketamine and MDMA? — one of those is already approved.
- What can I actually do in the meantime? — what the evidence supports today.
This is not legal advice. Drug law changes quickly, applies differently depending on quantity and circumstance, and federal law applies everywhere regardless of state status. Entry last reviewed August 30, 2026.
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Psilocybin Research. (2026). Is psilocybin legal in New York. Last reviewed August 30, 2026. https://psilocybinresearch.com/psilocybin-legal-in-new-york