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New York Lawmakers and Advocates Push Bill That Could Make the State a Psilocybin Pioneer
The newly amended Medical Psilocybin Act would create a state supervised program granting psilocybin access — including take-home use for some — to patients with qualifying conditions.
By Jack Gorsline
New York lawmakers and psychedelic advocates are rallying support for an ambitious and meticulously overhauled legislative framework that could regulate the medical use of psilocybin outside of a clinical setting. This is a move that advocates say could position the state at the forefront of a paradigm shift in how we regulate psilocybin for mental health.
The newly amended legislation, formally known as the “Medical Psilocybin Act,” proposes a highly structured, medically supervised program. Overseen by the New York State Department of Health, the framework prioritizes patient access through stringent operational rules, take-home provisions if qualifying conditions are met, rigorous patient education, and close medical supervision. The resulting draft represents a compromise between reform advocates pushing for expanded access and regulatory pragmatists intent on maintaining strict guardrails.
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New York-based Attorney Allison Hoots, who authored a broader, personal license-focused bill that preceded this proposal, and was ultimately woven into the amended Medical Psilocybin Act, said in a statement provided to DoubleBlind that she’s “delighted” by the newly amended framework.
“While the original bill created access for people who were not addressing serious health conditions but rather focused on the standard of whether permit holders were healthy enough,” said Hoots, who also serves as the Executive Director and Treasurer of The Sacred Plant Alliance, “the amended bill leans into the [personal license] components that had already existed to promote the benefits of a healthcare provider’s recommendation with individualized plans for therapeutic access.” This also includes provisions for qualifying patients to take home psilocybin for conditions including cluster headaches or at-home end of life care services.
Another crucial pillar of the bill is the introduction of comprehensive legal safeguards. For patients who have exhausted traditional pharmaceutical options, such as SSRIs or SNRIs, the bill guarantees immunity from state-level civil or criminal prosecution, provided they adhere to the program's medical guidelines. This provision also extends to the doctors recommending alternative treatments.
Unlike decriminalization-focused reform efforts seen in other states, New York’s proposed system treats psilocybin solely as a clinical tool. The legislation outlines guidelines for the manufacturing, testing, and distribution of the substance within the state. By mandating local production, the state aims to leverage its current network of non-hallucinogenic mushroom cultivators, which is already monitored and vetted by the Department of Health. Patients cannot legally cultivate their own psilocybin. Instead, they must obtain the substance through state-approved avenues and adhere to the program's regulations and their healthcare provider's instructions.
Psychedelic Attorney Robert T. Rush, founder and executive director of the Rights and Reason Project, told DoubleBlind that the bill is a “practical framework that recognizes psilocybin’s therapeutic value, legitimacy in medical care, and provides meaningful access and protections for qualified patients and providers. While it is not full decriminalization, it marks an important shift away from criminalization toward evidence-based policy, patient autonomy, and the right of individuals to make informed choices regarding their own care.”
To ensure professional oversight, the legislation establishes clear parameters for who can recommend and manufacture the substance. The bill defines a licensed healthcare provider as a state-licensed physician, psychologist, or nurse practitioner who has completed a training course that may count toward board certification requirements. The supply chain is restricted entirely to state-authorized entities. The legislation defines a licensed producer as any individual or business enterprise granted a health department license to cultivate, harvest, process, package, transport, and deliver psilocybin and derived products.
Notably, the proposed medical access framework outlined in the bill prohibits general access to psilocybin. The legislation restricts the therapeutic use of psilocybin to a specific list of severe, chronic mental health conditions and physical ailments. According to the bill, a "qualifying condition" includes major and treatment-resistant depression, post-traumatic stress disorder (PTSD), substance use disorders, end-of-life care, cluster headaches, and other conditions approved by the Department of Health.
"When dispensing psilocybin to a qualified patient, the licensed producer shall not dispense an amount greater than a thirty-day supply of the dosage as determined by the licensed healthcare provider, consistent with the qualified patient's permitted medical use," the legislation states. If a specific dosage is not designated by a provider, the department will determine the amount to prescribe to a patient through regulation, which may include condition-specific standards for dosing, administration, setting, and supervised use.
The coalition of partners backing the legislation includes advocacy group New Yorkers for Mental Health Alternatives (NYMHA), New Approach PAC, and The Microdosing Collective.
Stephanie Karzon Abrams, the research director of the Microdosing Collective, told DoubleBlind in a statement that her organization, “has supported efforts around [this bill] by hosting educational and fundraising events in New York with key advocates, donors, and community leaders, helping educate the public on the state of psilocybin reform in New York, and amplifying support for the bill across our broader networks and communities.Through these efforts, our organization and community have helped contribute a significant portion of the campaign’s fundraising support to date.”
New Approach’s involvement in this latest legislative push in New York comes on the heels of its 2024 reform efforts in Massachusetts that ended in controversy, as the PAC was accused by two former campaign staffers of campaign finance violations.
"New York legislators have a rare opportunity to act on a treatment that the research shows can match, if not outperform current standards of care for conditions like treatment-resistant depression and PTSD, at a fraction of the cost," said Sam Chapman, executive director of the Center for Psychedelic Policy. "Passing this bill would be one of the most fiscally and clinically sound mental health decisions the legislature could make this session."
The momentum behind the bill intensified following a public hearing in Manhattan in September 2025 where lawmakers listened to hours of personal testimony.
"After hearing testimony from researchers, clinicians, veterans, patients, and families, I believe that New York has a responsibility to thoughtfully examine emerging therapies like psilocybin-assisted treatment," Assemblymember Amy Paulin stated in a press release issued by New Yorkers for Mental Health Alternatives (NYMHA). "This legislation establishes a carefully regulated framework that allows qualified healthcare providers to evaluate patients individually, apply their clinical judgment, and determine whether this therapy may be appropriate."
For many advocates, the bill is not a theoretical policy debate, but a life-or-death matter for vulnerable populations, including first responders and military veterans who experience disproportionate rates of PTSD and suicide.
"As policymakers evaluate solutions to the state’s mental health challenges, this legislation reflects a balanced, responsible approach grounded in science and patient care," said Joe McKay, a New York Fire Department 9/11 veteran, NYMHA spokesperson, and board member for prominent cluster headache advocacy organization Clusterbusters. "New York has an opportunity to lead with a model that expands access while maintaining strong safeguards, and we are eager to support that effort."
The political arguments are buttressed by New York's academic and medical establishment, where researchers have spent years studying the neurological impacts of psilocybin.
"Over the last two decades, research into psilocybin-assisted therapy has produced increasingly compelling evidence for conditions like depression, PTSD, substance use disorder, and end-of-life distress," said Dr. Saleena Subaiya, an assistant professor in the Department of Psychiatry at the Columbia University Irving Medical Center.
Subaiya emphasized that the value of the bill lies in its logistical precision. "What is especially important about this legislation is that it creates a structured, evidence-informed framework for implementation—one that prioritizes patient safety, clinical oversight, and ongoing data collection," Subaiya added. "New York has an opportunity to help advance both the science and the responsible integration of these therapies into healthcare."
The bill now faces a review by the Assembly’s Health Committee before it can be brought to the floor of both chambers for a final vote. If signed into law by New York Governor Kathy Hocul, the Department of Health will begin the process of drafting the medical and agricultural rules required to launch the program. However, time is of the essence to advance the bill to a floor vote, as the New York Assembly’s legislative session wraps up on June 4 for a multi-month summer recess.
In Hoots’ opinion, the inflection point that New York state lawmakers and advocates are facing. “is just another example of where we as a society are implementing reform that doesn’t bend to the falsehood that access and safeguards are in opposition.”
“I remain convinced that reasonable policy will meet New Yorkers where we already are and adopt frameworks that meaningfully reduce harm, promote accountable and experienced support systems, and open pathways for legal use of these substances that can improve our public health.”
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