Psilocybin Mushroom Spore Laws By State

Psilocybin Mushroom Spores are considered a “grey area” by many legal analysts. Most States within the United States of America have banned possession, cultivation, and sale of Psilocybin mushrooms, but not the spores of the mushrooms. Therefore, when an individual is considering purchasing psilocybin mushroom spore kits, it is not unusual for one to also consider the potential legal ramifications.

Please be aware that Thick Spores is not an attorney, and this article is not legal advice. Instead, the purpose of this article is to provide you with a plain text interpretation of laws in states that have made laws concerning psilocybin mushroom spores and spore kits.

Are magic mushroom spores legal?

Magic mushroom spores, including psilocybe cubensis spore kits, are legal to possess and sell in all U.S. States except for Georgia and Idaho. Unlike magic mushrooms, shroom spores do not contain psilocybin, a controlled substance. Furthermore, psychedelic mushroom spores have several legal uses for scientific, educational, and taxonomical purposes. For example, without spores, people could not identify mushrooms accurately.

Are mushroom spores legal federally?

The Federal Government of the United States has not directly made any law concerning mushroom spores. Likewise, physical possession or the sale of mushroom spores is not prohibited by the controlled substances act. Psychedelic mushroom spores do not contain any controlled substance. However, it is essential to note that attempting or having an intent to violate the controlled substances act is illegal. To explain more clearly, an individual is committing a criminal act if they are trying or have the intention to cultivate psilocybin mushrooms using spores.

Are Psilocybe Cubensis Spore Syringes Legal?

Spore syringes are made for amateur or expert microscopists to identify psilocybe cubensis mushrooms. Foraging for wild psilocybe mushrooms is not illegal in and of itself. Likewise, microscopy identification of wild mushrooms is also not unlawful. Therefore, Psilocybe Cubensis spore syringes are legal to possess and sell.

Psilocybe Cubensis spore syringes

California

California is one of the three States that has made laws regarding hallucinogenic mushroom spores. As a result, many people believe that possessing hallucinogenic mushroom spores is illegal. However, California law has not made psilocybin mushroom spores illegal. Therefore, with a caveat, it is legal to possess, sell, import, and transport spores of any mushroom into California.

Under California law, it is illegal to possess, sell, import, or transport mushroom spores capable of producing psilocybin-containing mushrooms if the individual intends to cultivate those mushrooms.

The full text of the California Health and safety code sections regarding importation, possession, and sales of magic mushroom spores will be found at law.justia.com.

Georgia

According to Georgia State law, hallucinogenic mushroom spores are illegal to possess, sell, import, or transport. In addition, GA Code § 16-13-71 (2020) has defined these spores as a “dangerous drug.” The penalty for violating this law is a misdemeanor criminal conviction with up to 12 months in jail. Read the law here.

Idaho

Under Idaho law, Psilocybin mushroom spores are illegal to possess, sell, import, or transport. The penalty is a criminal misdemeanor conviction with the possibility of up to 6 months in jail. Read the law here.