Is Amanita muscaria / Muscimol Legal in New York? (2026)

Rule type

permanent

Tier

unscheduled

What the record says

Nothing in N.Y. Pub. Health Law Sec. 3306 (Schedule I) names Amanita muscaria, muscimol, or ibotenic acid (official text fetched 2026-10-07; psilocybin is listed, these are not). No New York statute or rule names these compounds, so the only reach is general food adulteration law read with FDA's Dec. 18, 2024 determination that A. muscaria and its constituents are unapproved food additives, which does not reach inhaled products such as vapes. Analogue-act reach is remote because muscimol and ibotenic acid are not structurally similar to any Schedule I or II hallucinogen.

Citations

1. N.Y. Public Health Law Sec. 3306 (New York State Senate, 2026-10-07) PRIMARYOFFICIAL
2. FDA Alerts Industry and Consumers about the Use of Amanita Muscaria or its Constituents in Food (Constituent Update, Dec. 18, 2024) (U.S. Food and Drug Administration, 2026-10-07) PRIMARYOFFICIAL
3. Amanita muscaria (Fly Agaric) Fact Sheet (Mar. 2026) (Legislative Analysis and Public Policy Association (LAPPA), 2026-10-07)OFFICIAL

Where Amanita muscaria / Muscimol stands across the country

Among New York's 5 neighbors, Connecticut, Massachusetts, New Jersey, Pennsylvania and Vermont are legal, the same posture as New York.

Open the interactive map · Every compound in New York

Federal posture

Federal gray area. Not federally scheduled; FDA says A. muscaria, muscimol, ibotenic acid are unapproved food additives, unsafe in food. Federal detail

Verbatim law on file for New York

1 instrument on file for this compound's framework in New York; 3 of 3 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

**PHL § 3306, Schedule I(d) (hallucinogen chapeau)** — "Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this paragraph only, the term 'isomer' includes the optical, position and geometric isomers): … (18) Psilocybin. (19) Psilocyn."
— N.Y. Pub. Health Law § 3306, Sch. I(d)(18)–(19), https://law.justia.com/codes/new-york/pbh/article-33/title-1/3306/ (MIRROR: Justia). The qualifier is "isomers" only (optical/position/geometric); no homologue extension, so the N-ethyl homolog 4-HO-MET is not captured.
**PHL § 3302(4) (definitions — no analog provision)** — "'Controlled substance' means a substance or substances listed in section thirty-three hundred six of this title." PHL 3302's 41 definitions contain no "analog," "analogue," or "substantially similar in chemical structure" provision.
— N.Y. Pub. Health Law § 3302(4), https://law.justia.com/codes/new-york/pbh/article-33/title-1/3302/ (MIRROR: Justia).

Related

Amanita muscaria / Muscimol in neighboring states

• Amanita muscaria / Muscimol in Connecticut Legal
• Amanita muscaria / Muscimol in Massachusetts Legal
• Amanita muscaria / Muscimol in New Jersey Legal
• Amanita muscaria / Muscimol in Pennsylvania Legal
• Amanita muscaria / Muscimol in Vermont Legal

Amanita muscaria / Muscimol in other states

Same framework in New York

• 4-HO-MET (Metocin) in New York Legal
• 5-MAPB in New York Legal
• Endomorphin-1 in New York Legal
• Blue Lotus (Nymphaea caerulea) in New York Legal

Other compounds in New York

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