Is 5-MeO-DMT legal in New York?
Where is 5-MeO-DMT legal?
5-MeO-DMT is illegal everywhere in the United States. The DEA classifies 5-MeO-DMT as a Schedule I controlled substance, so unlawful possession and use are illegal. 5-MeO-DMT naturally occurs in some plants, and the following parts of the country have decriminalized or deprioritized natural hallucinogens:
- Arcata, CA
- Oakland, CA
- Santa Cruz, CA
- Cambridge, MA
- Easthampton, MA
- Northampton, MA
- Somerville, MA
- Ann Arbor, MI
- Detroit, MI
- Hazel Park, MI
- Washtenaw County, MI
- Oregon
- Seattle, WA
- Port Townsend, WA
- Washington, D.C.
5-MeO-DMT in New York
5-MeO-DMT is illegal in New York. The Empire State follows federal scheduling and classifies this drug as a Schedule I controlled substance. Penalties can vary from a misdemeanor to a felony, depending on whether a person is charged with possession or trafficking. The possession of any controlled substance is a misdemeanor punishable by up to one year in prison and a fine up to $1,000.
Active legislation about 5-MeO-DMT in New York
A7109 and S1284 would eliminate penalties for the possession of controlled substances and establish a drug decriminalization task force. First introduced in the 2021-2022 legislative session, both bills remain in committee.
Is Ayahuasca legal in New York?
Where is Ayahuasca legal?
Ayahuasca is not legal in the United States because it contains Schedule I controlled substances: 5-MeO-DMT and DMT. Several parts of the country have adopted measures to decriminalize or deprioritize natural hallucinogens, including the plants used to prepare Ayahuasca:
- Arcata, CA
- Oakland, CA
- Santa Cruz, CA
- Cambridge, MA
- Easthampton, MA
- Northampton, MA
- Somerville, MA
- Ann Arbor, MI
- Detroit, MI
- Hazel Park, MI
- Washtenaw County, MI
- Oregon
- Seattle, WA
- Port Townsend, WA
- Washington, D.C.
Ayahuasca in New York
Ayahuasca is illegal in New York. Although Ayahuasca is not listed in the state’s schedules of controlled drugs, New York law prohibits any preparations that include hallucinogenic substances. Ayahuasca naturally contains 5-MeO-DMT and DMT.
One group has a religious exemption: Under federal law, the religious society União do Vegetal (UDV) is permitted to use Ayahuasca as religious freedom.
Active legislation about Ayahuasca in New York
Currently, New York lawmakers are not considering any bills about Ayahuasca.
Is DMT legal in New York?
Where is DMT legal?
DMT is not legal in the United States. DMT is a Schedule I controlled drug that naturally occurs compound in some plants and animals. In the following parts of the country, natural hallucinogens are decriminalized or considered a low priority for local law enforcement:
- Arcata, CA
- Oakland, CA
- Santa Cruz, CA
- Cambridge, MA
- Easthampton, MA
- Northampton, MA
- Somerville, MA
- Ann Arbor, MI
- Detroit, MI
- Hazel Park, MI
- Washtenaw County, MI
- Oregon
- Seattle, WA
- Port Townsend, WA
- Washington, D.C.
DMT in New York
DMT is not legal in New York, where it’s classified as a Schedule I controlled substance. In this state, possession of DMT is considered a misdemeanor. This criminal charge is punishable by up to one year in prison, a fine of $1,000, or both.
Active legislation about DMT in New York
There is no active legislation about DMT in New York at this time.
Is ibogaine legal in New York?
Where is ibogaine legal?
Ibogaine is illegal in the United States. This natural hallucinogen is a Schedule I controlled drug. The following parts of the country have decriminalized or deprioritized natural psychoactive compounds, including ibogaine:
- Arcata, CA
- Oakland, CA
- Santa Cruz, CA
- Cambridge, MA
- Easthampton, MA
- Northampton, MA
- Somerville, MA
- Ann Arbor, MI
- Detroit, MI
- Hazel Park, MI
- Washtenaw County, MI
- Oregon
- Seattle, WA
- Port Townsend, WA
- Washington, D.C.
Ibogaine in New York
Ibogaine is illegal in New York. This psychoactive compound is found in plants in the Apocynaceae family, such as Tabernanthe iboga, but the state has not taken steps to decriminalize hallucinogenic plants and fungi. Currently, state law prohibits ibogaine possession and classifies it as a Schedule I controlled substance.
Active legislation about ibogaine in New York
A07928 would establish a psychedelic research institute and psychedelic substances therapeutic research program which “shall study and provide recommendations regarding the use of psychedelic substances in the treatment of addictive disorders, depression, post-traumatic stress disorder, end-of-life anxiety and other pertinent outcomes.” The proposal references ibogaine, as well as other psychedelics. The bill was referred to the Health Committee in January 2022.
Is ketamine legal in New York?
Where is ketamine legal?
Ketamine is a legal, federally scheduled medical anesthetic in the United States, but it can only be prescribed by a licensed clinician as a federally scheduled drug. That means the recreational use or possession of ketamine is illegal nationwide.
Ketamine in New York
Ketamine is legal when prescribed by a licensed medical professional. This drug is a lawful medical anesthetic that can also be prescribed off-label to treat depression and PTSD. However, as a Schedule III controlled substance, it’s illegal to possess ketamine without a prescription.
Active legislation about ketamine in New York
There is no active legislation about ketamine in New York at this time.
Is LSD legal in New York?
Where is LSD legal?
LSD is illegal in the United States. In Oregon, the possession of small amounts of LSD (fewer than 40 units) is decriminalized, which means it that possession is not a criminal offense. LSD is a Schedule I controlled drug at the federal level with no accepted medical use and a high potential for abuse.
LSD in New York
LSD is not legal in New York. Lysergic acid diethylamide (LSD) is considered a Schedule I controlled substance. Penalties for possession may include jail time up to one year, up to $1,000 in fines, or both.
Active legislation about LSD in New York
As of this writing, there is no active legislation about LSD in New York.
Is MDMA legal in New York?
Where is MDMA legal?
MDMA is not legal in the United States. At the federal level, MDMA is a Schedule I controlled drug. However, in 2021, Oregon became the first state to decriminalize the possession of small amounts of MDMA. Additionally, the FDA is expected to review MDMA for the treatment of PTSD soon, which may open paths for medical use.
MDMA in New York
MDMA is illegal in New York. Also called ecstasy or Molly, MDMA is in the same Schedule I category as DMT and ibogaine. Possession is punishable by up to one year in jail, up to a $1,000 fine, or both.
Active legislation about MDMA in New York
As of this writing, there is no active legislation about MDMA in New York.
Are mescaline-containing cacti like peyote or San Pedro legal in New York?
Where are mescaline, peyote, or San Pedro legal?
Mescaline is illegal in the United States. Both mescaline and peyote are Schedule I controlled drugs at the federal level. In the following areas, mescaline-containing plants are decriminalized or considered a low priority for law enforcement:
- Arcata, CA
- Oakland, CA
- Santa Cruz, CA
- Cambridge, MA
- Easthampton, MA
- Northampton, MA
- Somerville, MA
- Ann Arbor, MI
- Detroit, MI
- Hazel Park, MI
- Washtenaw County, MI
- Oregon
- Seattle, WA
- Port Townsend, WA
- Washington, D.C.
The San Pedro cactus is an exception: This plant is legal for ornamental use, but it’s illegal to extract the plant’s mescaline.
Mescaline, peyote, and San Pedro in New York
Mescaline is illegal in New York. The state’s statutes prohibit mescaline and peyote, a cactus containing mescaline naturally. However, members of the Native American Church (NAC) have a religious exemption under the American Indian Religious Freedom Act and can use peyote in religious ceremonies.
Active legislation about mescaline, peyote, and San Pedro in New York
Currently, New York lawmakers are not considering any bills about mescaline or mescaline-containing plants.
Is psilocybin legal in New York?
Where is psilocybin legal?
Currently, psilocybin is not legal in the United States. In 2023, psilocybin will be legal for therapeutic use in Oregon. The following parts of the country have decriminalized or deprioritized hallucinogenic plants and fungi like psilocybin:
- Arcata, CA
- Oakland, CA
- Santa Cruz, CA
- Denver, CO
- Cambridge, MA
- Easthampton, MA
- Northampton, MA
- Somerville, MA
- Ann Arbor, MI
- Detroit, MI
- Hazel Park, MI
- Washtenaw County, MI
- Oregon
- Seattle, WA
- Port Townsend, WA
- Washington, D.C.
Psilocybin in New York
Psilocybin is not legal in New York. State law prohibits psilocybin and psilocyn and classifies them as Schedule I controlled substances. As such, recreational use and possession are illegal.
Active legislation about psilocybin in New York
A06065 would decriminalize psilocybin and allow further research into the study of the drug and its treatment potential. The bill was referred to a committee in January 2022.
A8569 proposes the creation of psilocybin service centers to provide treatment options for a range of mental health disorders, similar to Oregon’s framework under Measure 109. The bill remains in the state’s Health committee.