Are Mushroom Spores Legal?

That’s an interesting question… If you’re pressed for time, the short answer is yes, psilocybin mushroom spores are legal in the United States except for California, Georgia, and Idaho. Although the psilocybin contained within mushrooms, is illegal everywhere in the United States.

We all know that magic mushrooms are illegal and that you’ll be in trouble if you’re found with them in your possession by anyone in law enforcement. What is less clear is where we stand with mushroom spores. 

• What are they? 
• Are they legal to have?
• Why would you want them? 

We might have some of the answers you’ve been looking for…

What’s The Law Around Magic Mushrooms?

The legality of buying, possessing, taking, growing, or selling magic mushrooms in the US will largely depend on the state you are in. Generally…it is illegal to have magic mushrooms in your possession. 

Why? 
The drug that magic mushrooms creates, psilocybin, is a Schedule I drug under an amendment to the Controlled Substances Act called the Psychotropic Substances Act. Psilocybin is a psychotropic substance.Where a substance is psychotropic, it is mind-altering and therefore effects the way a person thinks and acts. 

What does all of this mean? 
The effects that psilocybin has on a person means that it has a high potential for abuse. At present, there is currently no accepted medicinal use and no doctor will prescribe it for you or suggest that you use it.

What Is The Difference Between A Spore And A Mushroom?

Here’s a very brief explanation… Spores come from mushrooms. A spore is the reproductive unit of a fungus. They are produced by what are called the gills of the mushroom (i.e. the ribbed bit underneath the cap) and can look like a fine powder. 

The spores do not contain psilocybin, and as a result, they are legal.
Simple, right? Well…not exactly. They are legal except for in California, Georgia, and Idaho. 

What Is The Difference Between Decriminalization And Legalization?

In 2019, Denver became the first city in the US to decriminalize magic mushrooms, closely followed by Santa Cruz and Oakland, California. But…decriminalization does not make something legal. It might feel like the two terms are synonymous and interchangeable, but unfortunately this is not the case. It is important to understand the difference in order to not get into any trouble. 

So… what do they mean?

• Legalization means making an action legal. This means that it is not against the law or is okay to do without fear of punishment or consequences as a result. 
• Decriminalization is best described as when criminal penalties attached to an illegal act aren’t being enforced anymore. This means therefore that an action is likely still illegal, but offenders will not be subject to criminal penalties if caught (although there may still be a fine or civil penalty). 

Therefore…the easiest way to explain it would be that where psilocybin mushrooms have been decriminalized, owning them is still illegal but it is unlikely anyone will come after you for criminal charges if you happen to have them. 

In What States Are Mushroom Spores Legal?

Everywhere except California, Idaho, and Georgia currently. As mentioned above, the general reason why these states do not wish to legalize is because of the worry that people will turn spores into mushrooms. In the remaining states where spores are legalized, the sale and possession of psilocybin mushroom spores is legal for microscopy, taxonomy, and general research purposes. 

Therefore, where mushroom spores are legal, you can buy mushroom spores from either a shop or online for one of the above reasons only.

Why Are Mushroom Spores Legal?

They are beautiful to study, not to mention fascinating. They offer a unique look at the beauty and variety of microstructures. Mushrooms have a fascinating life cycle that is interesting for researchers to study. They seemingly just appear out of nowhere and overnight. This is where the term “mushroomed” came from. 

Mushroom spores are legal because they do not contain psilocybin.

What happens is, spores are taken and if placed in the right conditions (i.e. given the right nutrients, temperature, and light) this will result in producing mature mushrooms. It is the psilocybin that is an illegal substance under the Schedule I Substance act. Without this, there is nothing in the mushroom spores to be considered illegal. 

Will Psilocybin Ever Be Legal In The United States?

That is a difficult question to answer. The step of decriminalization is viewed by advocates, researchers, and mycologists (mushroom experts) as a positive step forward towards legalization, but there’s no way to say for sure. According to researchers, there are many positive reasons for legalizing mushrooms and utilizing them in medical treatment. It is believed they can be used in treating anxiety, depression, and addiction amongst other ailments. 

Right now, unless you live in one of the three states listed above, it is perfectly legal to study mushroom spores. If you have an interest in the science behind them and their benefits, you are free to buy psilocybin mushroom spores here.