New York A 628: Legalizes adult possession and use of certain natural plant or fungus-based hallucinogens

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A00628 Summary:

BILL NOA00628 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORRosenthal

&nbsp

COSPNSRSimon, Reyes, Seawright, Epstein, Forrest, Bores, Walker, Jackson

&nbsp

MLTSPNSR

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Add Art 223 §§223.00 - 223.15, amd §220.00, Pen L; amd §3306, Pub Health L; amd §201-d, Lab L; amd §114-a, V
& T L

&nbsp

Legalizes adult possession and use of certain natural plant or fungus-based hallucinogens; grants certain protections for individuals lawfully using such hallucinogens; removes such hallucinogens from the list of schedule I controlled substances; makes related provisions.

Go to top A00628 Actions:

BILL NOA00628 

&nbsp

01/08/2025referred to health

01/07/2026referred to health

Go to topA00628 Committee&nbspVotes:

Go to topA00628 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA00628 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 628

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. ROSENTHAL, SIMON, REYES, SEAWRIGHT, EPSTEIN,
 FORREST, BORES, WALKER, JACKSON -- read once and referred to the
 Committee on Health

 AN ACT to amend the penal law, the public health law, the labor law, and
 the vehicle and traffic law, in relation to legalizing adult
 possession and use of certain natural plant or fungus-based hallucino-
 gens

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The penal law is amended by adding a new article 223 to
 2 read as follows:
 3 ARTICLE 223
 4 NATURAL PLANT OR FUNGUS-BASED HALLUCINOGENS
 5 Section 223.00 Definitions.
 6 223.05 Authorized use of natural plant or fungus-based halluci-
 7 nogens.
 8 223.10 Protections.
 9 223.15 Local authorization.
 10 § 223.00 Definitions.
 11 For the purposes of this article, the following terms shall have the
 12 following meanings:
 13 1. "Natural plant or fungus-based hallucinogen" means a plant, fungus,
 14 material, compound, mixture, or preparation, which contains any quantity
 15 of any of the following substances, or which contains any of the follow-
 16 ing substances salts, isomers, or salts of isomers whenever the exist-
 17 ence of such salts, isomers, or salts of isomers is possible within the
 18 specific chemical designation (for purposes of this subdivision only,
 19 the term "isomer" includes the optical, position and geometric isomers):
 20 (a) Dimethyltryptamine (some trade or other names: DMT);

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02046-01-5

 A. 628 2

 1 (b) Ibogaine (some trade and other names: 7-ethyl-6, 6&, 7, 8, 9, 10,
 2 12, 13-octahydro-2-methoxy-6, 9-methano-5h-pyrido {1',2':1,2} azepino
 3 {5,4-b} indole: tabernanthe iboga);
 4 (c) Mescaline;
 5 (d) Psilocybin; or
 6 (e) Psilocyn.
 7 2. "Paraphernalia" means any of the following objects used for the
 8 following purposes:
 9 (a) Kits, used or designed for the purpose of planting, propagating,
 10 cultivating, growing or harvesting of any species of plant or fungus
 11 which is a natural plant or fungus-based hallucinogen or from which a
 12 natural plant or fungus-based hallucinogen can be derived;
 13 (b) Kits, used or designed for the purpose of manufacturing, compound-
 14 ing, converting, producing, or preparing natural plant or fungus-based
 15 hallucinogens;
 16 (c) Isomerization devices, used or designed for the purpose of
 17 increasing the potency of any species of plant or fungus which is a
 18 natural plant or fungus-based hallucinogen;
 19 (d) Scales and balances, used or designed for the purpose of weighing
 20 or measuring natural plant or fungus-based hallucinogens;
 21 (e) Diluents and adulterants, including but not limited to quinine
 22 hydrochloride, mannitol, mannite, dextrose and lactose, used or designed
 23 for the purpose of cutting natural plant or fungus-based hallucinogens;
 24 and/or
 25 (f) Objects, used or designed for the purpose of ingesting, inhaling,
 26 or otherwise introducing natural plant or fungus-based hallucinogens
 27 into the human body.
 28 § 223.05 Authorized use of natural plant or fungus-based hallucinogens.
 29 1. Notwithstanding any other provision of