Based on our review, The Church of Psychedelics does not currently support members in New York.
Psychedelic law is changing fast, and we’re growing where we can — join the list and we’ll let you know the moment we can support New York.
TCOP’s Religious Framework: The Church is built on sincere belief, ongoing spiritual practice, intentional sacramental use, education, and member support — the kinds of facts courts examine under the Religious Freedom Restoration Act (RFRA). In Gonzales v. O Centro (2006), the Supreme Court unanimously upheld a preliminary injunction protecting a church’s sacramental use of a Schedule I psychedelic.
Psilocybin mushrooms remain prohibited under New York law. Unauthorized possession can be a misdemeanor or felony, depending on the amount and circumstances. Psilocybin reform bills have not created a general public-access program.
Religious use is a separate question. Federal RFRA may protect sincere sacramental practice case by case; it does not override New York law. The Church of Psychedelics currently offers community membership, but not access to the sacrament of psilocybin in New York.
At-a-Glance Status
- Statewide status: Illegal (Schedule I — Public Health Law § 3306, Schedule I(d)(18)–(19)).
- Possession (any amount): class A misdemeanor — Penal Law § 220.03 (up to 364 days).
- Possession by weight: 25 mg+ of psilocybin, class C felony (§ 220.09); 125 mg+, class B (§ 220.16); 625 mg+, class A-II (§ 220.18).
- Selling or sharing: class D felony — § 220.31; class B at 25 mg+ (§ 220.39). Growing is charged as possession by weight or intent to sell.
- Local enforcement: No city or county has deprioritized (not legal anywhere).
- Church support: Not yet — TCOP doesn’t currently support members in New York. Join the list and we’ll notify you the moment that changes.
Table of Contents
- What New York law actually says
- Has any New York city lowered enforcement?
- The #decrim movement
- The spore rule: what the statute actually says
- New York psilocybin law in 2026
- Religious use: what the law does — and does not — protect
- Store-shelf "mushroom" products
- The bottom line
- Frequently asked questions
What New York Law Actually Says
Psilocybin and psilocyn (the statute's spelling) are Schedule I controlled substances in New York (Public Health Law § 3306, Schedule I(d), items 18 and 19). Because the schedule covers "any material, compound, mixture, or preparation, which contains any quantity" of them, whole mushrooms are the controlled substance, not just the extracted compound.
Knowingly possessing any amount is criminal possession in the seventh degree, a class A misdemeanor under Penal Law § 220.03 — up to 364 days in jail. New York then climbs a weight ladder measured by the psilocybin in the mushrooms, not the mushrooms themselves: 25 milligrams or more is a class C felony (§ 220.09(6)), 125 milligrams a class B felony (§ 220.16(10)), and 625 milligrams a class A-II felony (§ 220.18(5)). Because dried mushrooms are typically well under one percent psilocybin by weight, a modest personal quantity can cross the 25-milligram line.
Selling — which New York defines to include giving, exchanging, or offering — is criminal sale in the fifth degree, a class D felony under § 220.31, rising to class B at 25 milligrams (§ 220.39(5)) and class A-II at 125 milligrams (§ 220.41(5)). New York has no separate "manufacture" crime that reaches a mushroom grow; cultivation is charged as possession by weight, possession with intent to sell, or sale. Psilocybin is also Schedule I under federal law.
What's Restricted
- Possessing psilocybin mushrooms — class A misdemeanor (§ 220.03); felony from 25 mg of psilocybin (§ 220.09).
- Growing mushrooms — charged as possession by weight or with intent to sell.
- Selling, sharing, or giving away psilocybin — class D felony (§ 220.31); class B from 25 mg (§ 220.39).
All of it is criminal under state law, everywhere in the state.
Has Any New York City Lowered Enforcement?
No. Unlike Seattle, Oakland, or Denver, no New York municipality has passed a resolution deprioritizing psilocybin enforcement — not New York City, not Ithaca, Rochester, Buffalo, Albany, or Syracuse. Advocacy groups have organized in the city, Ithaca, and the Hudson Valley, but no council has taken a vote. Some websites claim Ithaca "decriminalized" mushrooms; we found no record of it, and you should treat that claim as false.
Reform in New York has run through Albany, not city hall — and, so far, it has stalled there (see below).
Are Mushrooms Legal in New York City, Buffalo, Rochester, or Albany?
- New York City (all five boroughs): No. State law applies in full; the City Council has passed no deprioritization measure.
- Buffalo: No. Statewide law applies; no Common Council measure.
- Rochester: No. Statewide law applies; no City Council measure.
- Albany: No. Statewide law applies; no Common Council measure.
The #Decrim Movement
The #decrim movement, which started in California, is how ordinary people are working to change laws governing natural psychedelics, city by city and state by state — through education, local organizing, public meetings, and legislation. The #decrim movement includes the work to legalize psilocybin. Decriminalization is not legalization; every proposal has its own scope and limits.
Follow #decrim and #DecriminalizeNature to find campaigns, proposed legislation, public meetings, and organizations near you. Read the proposal, learn what it would — and would not — change, and show up where the work is happening. Social media can lead you to the movement, but always verify current law through official government sources.
The Spore Rule: What the Statute Actually Says
Unlike California, Georgia, or Idaho, New York has no statute that specifically bans psilocybin spores. The words "spore," "mycelium," and "mushroom" appear nowhere in the schedule or the Penal Law's drug article. The Schedule I list names psilocybin and psilocyn — the psychoactive compounds — which dormant spores don't contain. So spores sit in a legal gray zone.
But the moment spores are germinated and mycelium starts producing psilocybin, the material "contains" a Schedule I substance and possession is chargeable under § 220.03 — and, by psilocybin weight, up the felony ladder. Spores kept with grow supplies can also be used as evidence of intent. Treat spores as unscheduled, not as safe.
New York Psilocybin Law in 2026: What Changed—and What Did Not
Nothing changed in the law — but not for lack of trying. Assemblymember Linda Rosenthal has filed a bill every session since 2021 (currently A628) to legalize adult possession, cultivation, sharing, and religious ceremonial use of natural plant and fungus psychedelics, including psilocybin. Assemblymember Pat Burke and Sen. Nathalia Fernandez have carried medical-psilocybin and veterans pilot bills since 2021 (currently A3775 / S495 and A3845A / S1801A). And Health Committee chair Amy Paulin's A2142A / S5303A, the "Medical Psilocybin Act," was rewritten in May 2026 into a supervised, provider-only medical model with registry cards and licensed producers.
The Assembly Health Committee held an informational hearing on psilocybin on September 30, 2025 — the first of its kind in New York. But when the 2025–2026 session adjourned on June 5, 2026, every psilocybin bill was still sitting in committee, unvoted. They will need new numbers and a fresh start in January 2027. No New York ballot initiative exists for psilocybin (the state has no citizen-initiative process), and the state's cannabis program does not include it.
Looking beyond New York?
Religious Use: What the Law Does — and Does Not — Protect
New York's controlled-substance law makes no exception for religious use — but federal law offers a narrower principle. The Religious Freedom Restoration Act (RFRA) can protect the sincere religious use of a sacrament even where a substance is otherwise illegal. It is a defense, decided case by case — not immunity, and not legalization.
New York has no state Religious Freedom Restoration Act. Its constitution guarantees "the free exercise and enjoyment of religious profession and worship" (Article I, § 3), but New York courts apply a balancing test to neutral laws that burden religion (Catholic Charities v. Serio, 2006), and no New York court has applied it to psilocybin. Rosenthal's A628 would have created explicit protection for religious ceremonial use; it never left committee. This is general education about how the framework works — not a promise of protection.
The Church states this honestly: sincere sacramental practice may be protected; it never promises you cannot be prosecuted under state or federal law.
If TCOP's beliefs speak to you, membership is the place to begin. Sacrament eligibility and availability are separate questions and must be considered in relation to age, location, Church requirements, and applicable law.
The Church of PsychedelicsOn Law & Practice
Store-Shelf "Mushroom" Products: Read the Label, Then Question It
New York does not have a legal retail market for psilocybin gummies or chocolate. A package labeled "mushroom," "microdose," or "psychedelic" is not proof that it contains psilocybin — or that the label accurately describes what is inside.
Some products contain Amanita compounds such as muscimol. Others may contain synthetic or undisclosed substances. In the nationwide Diamond Shruumz investigation, CDC reported 180 illnesses, 73 hospitalizations, and two associated deaths. Testing found several substances across different products, including psilocin, O-acetylpsilocin, muscimol, kavalactones, and the prescription drug pregabalin.
The practical lesson is simple: a product being sold openly does not make it regulated, accurately labeled, or safe.
The Bottom Line
New York has considered psilocybin reform, but proposals are not permission. State and federal restrictions remain, and religious-use protections require an individual assessment.
The Church of Psychedelics welcomes New Yorkers into its spiritual community but does not currently offer the sacrament of psilocybin in New York. You can begin with teachings and community, and join the waitlist for availability updates. Membership alone does not establish legal protection.
Frequently Asked Questions
Q.Are psilocybin mushrooms legal in New York in 2026?
Generally, no. Psilocybin remains Schedule I. Unauthorized possession can be a misdemeanor or felony; religious-use protections require separate assessment.
Q.Are magic mushrooms decriminalized in New York City?
New York City has not legalized psilocybin. No citywide decriminalization measure was verified in this review; state law applies.
Q.Is possessing mushrooms a felony in New York?
It can be. Possession of 25 milligrams or more of the hallucinogen can support a class C felony charge. This measures the controlled substance, not total mushroom weight.
Q.Are mushroom spores legal in New York?
Spores without controlled substances are treated differently from psilocybin-containing mushrooms. That distinction does not authorize cultivation or possession of controlled material.
Q.Can I grow psilocybin mushrooms at home in New York?
No general home-growing exemption exists. Growing mushrooms containing psilocybin can lead to controlled-substance charges.
Q.Is psilocybin therapy legal in New York?
There is no general public-access program. Medical-access and pilot bills have not become law; authorized clinical research is separate.
Q.Can I bring psilocybin home to New York from Oregon or Colorado?
No. Another state’s permissions do not authorize possession in New York or override federal restrictions.
Q.Can the Church support my spiritual practice with psilocybin in New York?
The Church offers teachings and community, but not sacrament access in New York. RFRA protections are case-specific, not established by membership. Join the waitlist for updates.
Q.Can I still join TCOP from New York?
Yes. You can join the free spiritual community from New York. Membership does not include sacrament access there.
Sources
This guide cites primary sources, including state statutes, court decisions, and official policy records. Laws can change; this information is educational and is not legal advice.
- Public Health Law § 3306 — Schedule I(d): psilocybin (18), psilocyn (19) · New York State Senate
- Penal Law § 220.00 — definitions ("hallucinogen" vs "hallucinogenic substance") · New York State Senate
- Penal Law § 220.03 — criminal possession, seventh degree (class A misdemeanor) · New York State Senate
- Penal Law § 220.09 — fourth degree (hallucinogen 25 mg+, class C felony) · New York State Senate
- Penal Law § 220.16 — third degree (hallucinogen 125 mg+, class B felony) · New York State Senate
- Penal Law § 220.18 — second degree (hallucinogen 625 mg+, class A-II felony) · New York State Senate
- Penal Law § 220.31 — criminal sale, fifth degree (class D felony) · New York State Senate
- Penal Law § 220.39 — criminal sale, third degree (hallucinogen 25 mg+) · New York State Senate
- Penal Law § 70.15 — class A misdemeanor sentence (364 days) · New York State Senate
- People v. Ryan, 82 N.Y.2d 497 (1993) — weight measured by pure psilocybin · Legal Information Institute, Cornell Law School
- A628 (2025–26) — Rosenthal natural-psychedelics legalization bill · New York State Senate
- A2142A (2025–26) — Medical Psilocybin Act · New York State Senate
- A3845A (2025–26) — psilocybin-assisted therapy pilot for veterans and first responders · New York State Senate
- New York Constitution, January 1, 2022 edition — Article I § 3 · New York State Board of Elections
- 21 U.S.C. § 812 — federal Schedule I (psilocybin, psilocyn) · Legal Information Institute, Cornell Law School
- Assembly Health Committee — medicinal value of psilocybin; September 30, 2025 hearing notice · New York State Assembly
- Federal RFRA — 42 U.S.C. § 2000bb-1 · Legal Information Institute, Cornell Law School
- Gonzales v. O Centro, 546 U.S. 418 (2006) — sacramental-use RFRA decision · Legal Information Institute, Cornell Law School
- City of Boerne v. Flores, 521 U.S. 507 (1997) — federal RFRA and state governments · Legal Information Institute, Cornell Law School
- DEA guidance on petitions for religious exemption from the Controlled Substances Act · U.S. Drug Enforcement Administration
This article is for education and is not legal advice. Laws change frequently; verify current statutes for your location before acting on anything here. Last reviewed September 11, 2026.
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