Psilocybe Mushroom Spores – Legal Or Not?

The mycelium and fruiting bodies of all “magic” mushrooms contain the compounds psilocybin and psilocin. Both psilocybin and psilocin have been designated schedule I drugs in the United States. Therefore, it is illegal to possess the mycelium, fruit bodies, and/or concentrates made from such in most parts of the United States. HOWEVER, it IS legal to purchase the spores of these fungi in most states (as long as you aren’t going to use them to actually grow mushrooms). States that prohibit the sale or possession of psilocybe cubensis spores are California, Idaho and Georgia.

Recently, the city of Oakland, California passed Initiative 301 which didn’t make the possession of magic mushrooms “legal” but it did relegate them to the lowest priority level for law enforcement. So, in Oakland, you can still be in legal trouble if caught with mushrooms, but they law won’t be proactively looking for you either. Since Initiative 301 passed in Oakland, Denver, CO passed a similar measure and other U.S. cities are sure to follow.

The lesson here is: know the laws of your location before attempting to purchase or possess psilocybe mushroom spores.