Emma Wilson
Psilocybin, or magic mushrooms, are currently illegal in the state of New York. The possession, distribution, and cultivation of psychedelic mushrooms are prohibited, and those found guilty of related charges may face several years in prison and heavy fines. However, there is a growing movement to legalise the use of psilocybin, with bills being reintroduced to the state house to allow adults to take a health screening and educational course to receive a permit to use, purchase, or cultivate psychedelic mushrooms.
| Characteristics | Values |
|---|---|
| Status of psychedelic mushrooms in New York | Illegal |
| Possession | Illegal |
| Distribution | Illegal |
| Cultivation | Illegal |
| Penalty for possession | Criminal possession of a controlled substance charge, up to 1 year in jail |
| Penalty for distribution | Criminal sale of a controlled substance charge, up to 7 years in jail |
| Penalty for cultivation | Up to several years in prison and heavy fines |
| Push for legalization | Yes, by religious groups and mental health advocates |
| Legal status in other places | Illegal in most places, but legal for mental health treatment in Oregon and Washington D.C. |
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What You'll Learn
Possession of psychedelic mushrooms is illegal in New York
In New York, it is illegal to possess psychedelic mushrooms, also known as magic mushrooms, caps, or 'shrooms. They are considered a Schedule I controlled substance, and possession of them is a felony. The specific charge depends on the amount of psychedelic mushrooms involved. For example, possessing at least 625 milligrams of psychedelic mushrooms is considered a class A-II felony, which can result in a life sentence.
If you are found with any amount of psychedelic mushrooms on your person or under your control, you will likely be charged with criminal possession of a controlled substance. This charge also applies if you are cultivating or growing the mushrooms, even for personal use. The penalty for this crime can be up to a year in jail.
Selling or distributing psychedelic mushrooms is a more serious crime than possessing them. In New York, "selling" can refer to exchanging mushrooms for money or other property, giving them away, or even just making an offer to sell them. The penalties for selling psychedelic mushrooms are more severe than those for simple possession and can result in up to 25 years in prison.
While there have been efforts to legalize psilocybin-containing mushrooms in New York, they are currently illegal to possess, sell, or distribute. It is important to be aware of the legal status of psychedelic mushrooms in your state and to understand the potential consequences of violating these laws.
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Selling or distributing mushrooms is also illegal
In New York, it is illegal to sell or distribute psychedelic mushrooms, also known as magic mushrooms. This is because mushrooms are considered a controlled substance. If you are caught selling or distributing mushrooms, you will likely be charged with a criminal sale of a controlled substance. The specific charge you will face will depend on the amount of mushroom involved. For example, if you sell or intend to sell less than 25 milligrams of mushrooms, you will be charged with criminal sale of a controlled substance in the fifth degree, which is a class D felony with a possible sentence of up to 7 years in prison. If you sell or intend to sell 25 milligrams or more, the charge will be criminal sale of a controlled substance in the third degree, a class B felony with a possible sentence of up to 25 years in prison.
Under New York law, "selling" mushrooms can refer to a number of activities related to distribution. This includes exchanging mushrooms for money, property, or services, as well as giving them away, disposing of them, or even just making an offer to sell them. It is important to note that the sale of mushrooms is a more serious crime than simply possessing them.
In addition to the legal consequences, selling or distributing mushrooms can also have social and economic impacts. There may be negative perceptions associated with the sale of illegal substances, and it may contribute to an underground economy and illicit activities.
While there have been efforts to legalize mushrooms in New York, they are currently still illegal to sell or distribute. It is important for individuals to be aware of the laws and regulations regarding mushrooms in their state and to understand the potential consequences of engaging in illegal activities. If you are facing charges related to the sale or distribution of mushrooms, it is advisable to seek legal representation from a knowledgeable New York drug crimes lawyer.
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Cultivating or manufacturing mushrooms is prohibited
In New York, it is illegal to possess, sell, or manufacture psychedelic mushrooms. The law defines "selling" as exchanging psychedelic mushrooms for money or any other kind of property or service, as well as giving them away or disposing of them. This also includes making an offer or agreement to sell them.
If you are found with psychedelic mushrooms, you will likely be charged with criminal possession of a controlled substance. The specific possession charge will depend on the amount of the drug involved. For instance, possessing at least 625 milligrams of psychedelic mushrooms is considered a class A-II felony, which can result in a life sentence.
Cultivating or manufacturing psychedelic mushrooms is also prohibited in New York. This means that it is illegal to grow psychedelic mushrooms, even for personal use. If you are found to be cultivating mushrooms, you will be charged with a criminal possession charge, regardless of the amount.
New York State lawmakers have made efforts to legalize psychedelic mushrooms. A bill introduced in 2023 aimed to legalize the "possession, use, cultivation, production, creation, analysis, gifting, exchange, or sharing" of psychedelic mushrooms for adults 21 and older. A similar bill is set to be reintroduced, which would allow adults 18 and older to take a health screening and educational course to receive a permit to use, purchase from licensed cultivators, or cultivate psychedelic mushrooms.
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The punishment for possession depends on the amount
In New York, psychedelic mushrooms, or "magic mushrooms", are illegal to possess, sell, or manufacture. The punishment for possession depends on the amount. If you are found with any amount of mushrooms, you will be charged with criminal possession of a controlled substance in the seventh degree. This is a class A misdemeanour, punishable by up to 1 year in jail. If you are found with at least 25 milligrams of mushrooms, the charge will be criminal possession of a controlled substance in the fourth degree, a class C felony. The penalty for this conviction is up to 15 years in prison. The charge increases to criminal possession of a controlled substance in the third degree if you are found with at least 125 milligrams of mushrooms.
The most serious charge is criminal possession of a controlled substance in the second degree, which is for possessing at least 625 milligrams of mushrooms. This is a class A-II felony, and if convicted, you may face life imprisonment. It is important to note that New York law defines "selling" controlled substances broadly, including exchanging mushrooms for money or other property, giving them away, or even disposing of them.
While the possession and use of psilocybin mushrooms are currently illegal in New York, there have been recent efforts to legalize them for medicinal and therapeutic purposes. In 2024, lobbying efforts by religious groups led to lawmakers considering two measures to legalize psilocybin. A bill introduced in 2023 aimed to legalize the "possession, use, cultivation, production, creation, analysis, gifting, exchange, or sharing" of hallucinogenic mushrooms for adults 21 and older. More recently, a bill was reintroduced to legalize the use of psilocybin-containing mushrooms for adults 18 and older who undergo a health screening and educational course. This bill would also allow permit holders to use psychedelic mushrooms with a trained and certified support services provider. These legislative efforts reflect a growing recognition of the potential benefits of psilocybin and a shift towards expanding access to this substance for therapeutic purposes.
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There are efforts to legalise mushrooms for medicinal use
Magic mushrooms, also known as psychedelic mushrooms, are illegal in New York. It is a crime to knowingly possess, sell or manufacture them. However, there is a growing movement to legalise mushrooms for medicinal use in the state.
There is a growing body of research highlighting the medicinal benefits of psilocybin, the active compound in psychedelic fungi. Studies have shown that psilocybin can help with various conditions, including depression, eating disorders, addiction, chronic pain, and post-traumatic stress disorder (PTSD). Recreational users have reported remarkable breakthroughs in managing these conditions.
In New York, there is a network of law enforcement and military veteran communities who deal with high rates of PTSD. One retired law enforcement officer believes that microdosing psilocybin has helped him manage his PTSD while also improving his memory and lung function.
State Assemblyman Pat Burke has introduced a bill that allows for the medicinal use of psilocybin and the practice of psychedelic therapy for certain physical and mental health conditions. The legislation includes funding for medical psilocybin providers in New York and has gained support from various individuals, including Assemblyman John McDonald, a pharmacist based in Cohoes.
In addition to legislative efforts, lobbying efforts led by religious groups are also underway to legalise psilocybin in New York. Religious scholars argue that there is an overlap between the pursuit of the divine and the use of psychedelic drugs, citing a long history of humans interacting positively with psilocybin on religious, spiritual, and cultural grounds.
While New York has not yet legalised psilocybin for medicinal use, the efforts to do so are ongoing, driven by increasing awareness of the potential therapeutic benefits of magic mushrooms.
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Frequently asked questions
Yes, psychedelic mushrooms are illegal in New York. It is a crime to knowingly possess, sell or manufacture mushrooms.
The specific possession charge will depend on the amount of psychedelic mushrooms involved. If you have less than 25 milligrams of mushrooms, you will be charged with criminal possession of a controlled substance in the seventh degree, which is a class A misdemeanour with a potential sentence of up to 1 year in jail. If you have at least 25 milligrams, the charge will be criminal possession of a controlled substance in the fourth degree, which is a class C felony with a penalty of up to 15 years in prison. If you have at least 125 milligrams, the charge will be criminal possession of a controlled substance in the third degree.
Selling mushrooms is a more serious crime than possessing them. If you sell or intend to sell less than 25 milligrams of psychedelic mushrooms, you will face a charge of criminal sale of a controlled substance in the fifth degree, which is a class D felony with a possible sentence of up to 7 years in prison. If you sell or intend to sell at least 25 milligrams, you will be charged with criminal sale of a controlled substance in the third degree, which is a class B felony with a possible sentence of up to 25 years in prison.
Yes, there have been efforts to legalize psilocybin-containing mushrooms, or "magic mushrooms", in New York. A bill was introduced in 2023 that would have legalized the possession, use, cultivation, and exchange of psychedelic mushrooms for adults 21 and older. A similar bill is set to be reintroduced in the state house, which would allow adults 18 and older to take a health screening and educational course to receive a permit to use, purchase, or cultivate psychedelic mushrooms.
