# Are Mushroom Gummies Legal in New York?
It depends on which mushroom you're talking about.
Psilocybin mushroom gummies are illegal in New York. The state classifies psilocybin as a Schedule I controlled substance under Public Health Law § 3306. Possession is a misdemeanor for personal amounts and a felony for larger quantities or any amount with intent to sell.
But entheogenic mushroom gummies — made from amanita muscaria (muscimol), kava, blue lotus, and kanna — are legal in New York. None of these botanicals appear on the state's controlled substances schedule.
Here's the breakdown.
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## The legal status of psilocybin in New York
New York law is clear: psilocybin is Schedule I. Possession of any amount for personal use is a class A misdemeanor, carrying up to 1 year in jail and a $1,000 fine. Possession with intent to sell , or any quantity above personal use thresholds , escalates to a felony with mandatory prison time.
New York has seen legislative movement toward reform. Assembly Bill A114, introduced in multiple sessions and most recently revived in 2025, would legalize psilocybin for therapeutic use. Senator Nathalia Fernandez has sponsored companion bills. But as of mid-2026, none of these bills have passed.
One notable legal nuance: New York's highest court ruled in 2021 that the smell of cannabis no longer justifies a vehicle search. That ruling doesn't extend to psilocybin, but it reflects a broader shift in how New York courts approach drug enforcement. In practice, standalone psilocybin possession charges are increasingly rare in NYC and other population centers , though they still happen, particularly upstate.
Bottom line: psilocybin gummies remain illegal throughout New York State. Don't buy them. Don't carry them.
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## Why entheogenic gummies are different
The products Wunder sells in New York don't contain psilocybin. The active ingredients are:
- Amanita muscaria extract (muscimol): GABA-A agonist. Not listed in NY Public Health Law § 3306.
- Kava root extract: Legal botanical supplement. Sold openly in New York health stores and bars.
- Blue lotus flower: Unscheduled. Available online and in specialty shops.
- **Kanna:** Legal in all 50 states. No restrictions in New York.
New York's controlled substances schedules (§ 3306) list specific molecules. Muscimol, kavalactones, aporphine, and mesembrine aren't on those lists. The state doesn't have a broad analog statute that would capture these compounds based on structural similarity to scheduled substances.
This isn't a loophole , it's how drug scheduling works. The law prohibits specific named substances. If a compound isn't named, it's not controlled.
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## Are Wunder products legal in New York?
Yes. Wunder ships to all New York addresses, including NYC, Buffalo, Rochester, Albany, and everywhere in between. No psilocybin, no THC, no scheduled compounds.
Standard precautions: don't drive after consuming, and don't carry these products into federal buildings, airports, or across state lines into jurisdictions with different laws.
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## A note on New York City specifically
NYC has its own administrative code governing controlled substances, but it mirrors the state schedules. No additional local restrictions apply to muscimol or other legal botanicals. The NYPD's enforcement priorities, particularly post-2021, are focused on opioids and violent crime , not personal possession of legal supplements.
That said, NYC has also seen a rise in unlicensed smoke shops and grey-market storefronts selling products of unclear provenance. If you're buying mushroom gummies in person in New York City, verify what you're getting. A product labeled "mushroom gummies" at a bodega could contain anything. Stick to brands that publish lab results and clearly state their ingredients.
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