New York Assembly Considers Psilocybin Bill

The New York State Assembly Committee on Health is considering a proposal that would reform criminal penalties against the use of psilocybin and create a regulated public-health framework for medical use of psilocybin. Assembly Bill A2142, sponsored by Assemblymember Amy Paulin with co-sponsors Donna Lupardo and Andrew Hevesi, would create a permit system for adult use, regulate cultivation and distribution, and remove psilocybin from the state’s controlled-substance designation.

The proposal took center stage at a September 30 hearing of the Assembly Health Committee in lower Manhattan, where lawmakers heard testimony on psilocybin’s potential medical value. Clinicians, professors, farmers, nonprofit leaders, mental health advocates, veterans, and patients described their experiences. Supporters framed psilocybin as a tool for treatment-resistant conditions such as PTSD and chronic pain, while skeptics raised concerns about safety, misuse, and the strength of the scientific evidence.

Paulin, who chairs the committee and is the bill’s lead sponsor, said the measure is meant to bring policy in line with what many providers already see in practice. “The committee is very interested in hearing testimony to understand what we can do to make psilocybin legal and appropriate for medical providers to dispense,” she said. “Many clinicians already acknowledge its success for patients, but in New York, they have no legal way to prescribe it.”

A2142 would authorize adults 18 and older to obtain a psilocybin permit after completing both a health screening and a five-hour educational course. The screening identifies qualifying conditions and exclusion criteria, with optional evaluation by a licensed provider; under Department of Health (DOH) rules, any exclusion is an automatic stop.

The course, available online or in person, covers history, dosing, risks, safe use, and integration, with DOH updating the curriculum every two years. Both the screening and the course can be done online, including at public libraries. The law makes clear that this permit authorizes adult use, but is not medical treatment. Fees are capped at $200 for the course and $80 for the permit, with low-income waivers available. Permits last four years with abbreviated renewals.

The measure recognizes a wide range of qualifying health conditions—from PTSD, depression, and chronic pain to migraines, cancer-related distress, substance use disorder, and dozens more—while directing DOH to define and update exclusions. Attorney Allison Hoots, who drafted the legislation, said the framework draws from both underground practices—informal, unregulated networks of facilitators and users—and clinical research. “I borrowed the screening, preparation, and integration practices I saw in underground facilitation and clinical trials, and translated them into a legal framework the state can enforce,” she said. “The goal was to take what works, make it accessible, and ensure it’s safe.”

The bill doesn’t list specific exclusion criteria. Instead, it leaves that to the DOH, which would decide which conditions or medications make psilocybin use unsafe. In clinical studies, people with psychotic disorders, serious heart conditions, or those taking certain drugs like lithium or particular antidepressants are usually excluded for safety reasons.

If the legislation passes, permit holders could buy up to two ounces of dried psilocybin fungi per month from licensed cultivators, with weight measured in processed form. They may also grow a limited amount at home, with the exact limit to be set by the DOH. Any extra must be stored securely and used only for personal, noncommercial purposes. Public use would be prohibited, including within 500 feet of schools.

Under the proposed New York framework, licensed cultivators would be required to operate in properly zoned facilities, comply with contamination-control standards, and provide clear labeling with strain and potency. Each culture must be tested annually. Distribution could be direct-to-consumer, including delivery, without requiring dispensaries. Each sale must include an information sheet covering dosage and risks. Cultivators would maintain records subject to inspection, and DOH would maintain a public registry of licensed operators.

Avery Stempel, co-president of New Yorkers for Mental Health Alternatives, said cultivation at scale demands clear standards and accountability. “Testing for potency and ensuring cultivators are clean and contamination-free is paramount,” he said. “Over the past three years, the conversation has shifted: lawmakers are no longer asking why psilocybin access matters; they’re asking how we can do it safely and equitably.”

Tax credits would be available for small agricultural businesses and individuals with prior convictions related to psilocybin who obtain cultivator licenses and enter the regulated market.

The proposed bill also establishes a system of support services providers. These individuals, after training and certification, would be authorized to provide non-medical, non-therapeutic, non-directive support for permit holders during psilocybin use. Services would include preparation, safety monitoring, and emergency response.

Providers must complete training, pass an exam, and engage in biennial continuing education, with costs capped at $1,500 for training and $80 for certification. Before each session, providers must verify the client’s permit and review the health-screen form using a DOH-approved consent form. Services may occur in offices or residences where allowed, and DOH can set provider-to-participant ratios. Support services are explicitly distinguished from therapy, but licensed clinicians could separately offer psychedelic-assisted therapy, with subsidies available for low-income permit holders. Within a year of launch, DOH must establish subsidy programs for both certified support services and licensed clinicians.

Hoots emphasized that legalization also provides accountability. “There are some really incredible experienced practitioners in the underground, but when we have bad actors, people have no protection,” she said. “Making psilocybin legal means we can address harm in a more comprehensive and supportive way instead of compounding it with criminalization.”

The bill removes psilocybin and psilocin from New York’s controlled-substance schedules, defining psilocybin as neither a “drug” nor a “food” under state law and barring its distribution through pharmacies. Unauthorized use or sales would be treated as violations, with misdemeanor charges reserved for distribution to minors. The bill provides a process to seal past convictions at no cost for low-income applicants. Permit holders, cultivators, and certified providers would be protected from professional or employment penalties for lawful participation, though employers could still prohibit on-the-job impairment. A positive test alone would not prove impairment. Caregivers assisting permit holders would be protected, repeat violations could trigger a two-year permit suspension, and contracts linked to lawful psilocybin activities would remain enforceable.

Oversight would rest with the DOH, which would manage permits, cultivation, and support-service certification; operate an optional reporting system; and issue biennial reports to lawmakers. A 13-member advisory board, appointed to reflect geographic and disciplinary diversity, would meet monthly for the first two years, then quarterly, and conduct a year-one audit to review effectiveness, costs, and equity, with recommendations for expanding access.

Under this proposed legislation, all income from cultivation, services, and courses would be taxable, with related business expenses deductible under state law. Revenue would support administration and public education, while targeted tax credits would assist small farmers and New Yorkers with prior psilocybin convictions entering the licensed economy. Equity provisions also include fee waivers for low-income applicants and subsidies to expand access to support and therapy services.

“This bill specifically addresses the lack of BIPOC inclusion created by systemic racism,” Hoots said. “Because facilitator requirements are less rigid than in Oregon or Colorado, you could have a local priest, a grandmother, or a trusted community member trained at low cost to provide support. That lowers barriers and creates spaces where people actually feel safe and represented.”

Ifetayo Harvey, founder and executive director of the People of Color Psychedelic Collective, highlighted the importance of home grow, accessibility, and creating equitable business opportunities. “Having cultivation or home grow is an important part of making healing accessible,” she said. 

“But we also have to be vigilant about implementation," says Harvey. "Passing a bill is half the battle; ensuring it’s implemented properly is the other half. We need people at the table who have been doing this work for years, including those from communities that have borne the brunt of criminalization.”

A2142 has been under review since January 15, 2025, and the September 30 hearing placed human stories and expert testimony on the record, underscoring the demand for change. Hoots believes that New York’s approach could serve as a national model. 

“Instead of a one-size-fits-all system, this framework puts safety, education, and accountability on the individual while still giving people real choice—whether that means microdosing or taking a larger dose with support. It reflects how psilocybin is actually being used, but with guardrails to keep it safe and responsible.”