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Are psilocybin spores legal? What you need to know before you buy

By Cathy Rozy January 30, 2025

Can You Grow Psilocybin Mushrooms at Home?

The Rise of Plant-Based Nootropics

The popularity of plant-based nootropics is reaching new heights, particularly medicinal ‘magic mushrooms,’ specifically psilocybin mushrooms.

Lots of people want to know if they can grow psilocybin mushrooms at home. After all, a homegrow lets users control the cultivation process and grants the easiest path to regular access to these powerful plant medicines.

 

Understanding Psilocybin Mushrooms and Spores

What Are Psilocybin Mushrooms?

Psilocybin is the most famous of these ‘magic mushrooms’ compounds that offer potent effects of hallucinogenic mushrooms.

Psilocybin mushrooms are federally illegal in the United States for possession and sale, as psilocybin is considered a controlled substance, but what about psilocybin spores and their legal status?

What Are Psilocybin Spores?

Spores are the little units of reproduction that get dispersed by fungi, much like a plant disperses seeds.

For all intents and purposes, they’re like psilocybin mushrooms’ babies, aka what you’d need if you wanted to grow psilocybin mushrooms at home.

 

Legal Status of Psilocybin in the United States

Federal Regulations on Psilocybin

In the US, it is illegal to possess psilocybin itself, per the DEA:

Psilocybin is a Schedule I substance under the Controlled Substances Act, meaning that it has a high potential for abuse, no currently accepted medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision.

This regulation is part of federal law, which strictly prohibits psilocybin and other controlled substances.

Psilocybin remains under strict regulations and prohibitions across many states, despite potential therapeutic use for mental health treatment.

State-Level Exceptions

Various states like Oregon and Colorado have created their own regulations that permit psilocybin use in strictly controlled, medicinal environments.

However, by and large, psilocybin mushrooms remain a controlled substance that carries legal consequences if found in your possession.

 

Legal Status of Psilocybin Spores

Why Are Psilocybin Spores Federally Legal?

Psilocybin spores don’t actually contain psilocybin, which is why, technically, they are federally legal as per federal law.

Unless you live in a state that has prohibited the sale and purchase of psychedelic mushroom spores, you cannot get into legal trouble for purchasing psilocybin mushrooms online.

Similarities to THCa

The situation is similar to the current discrepancy surrounding the sale of THCa.

Like psilocybin spores, THCa doesn’t contain delta 9 THC in and of itself but can be converted to delta 9 THC, just as psilocybin spores can one day become illegal psilocybin mushrooms.

 

State Restrictions on Psilocybin Spores

States That Prohibit Psilocybin Spores

As of writing, three states have attempted to get on top of the potential legal loophole for magic mushroom possession and have banned psilocybin spores for sale:

  • California
  • Georgia
  • Idaho

If you live in these states, you won’t be able to order psilocybin spores online legally. In some cases, even buying psilocybin spores could be classified as the possession of drug paraphernalia.

 

Changing Legal Landscape for Psilocybin

States Moving Toward Legalization

Although some states are restricting access to psilocybin mushrooms further, others are moving in the opposite direction, following in the footsteps of Oregon and Colorado.

Massachusetts

Massachusetts voted on new legislation (Question 4) on December 15 that rejected the legalization of plant-based psychedelics, including psilocybin mushrooms. The language of Massachusetts’ Question 4 appears to be neutral and descriptive.

New Jersey

New Jersey is also considering a bill that would allow psilocybin to be legalized as a mental health treatment option, despite its federal classification as a controlled substance.

 

Final Verdict on Psilocybin Spores

Federally Legal, but Proceed With Caution

The DEA has not passed any regulations concerning psilocybin mushroom spores, technically making them legal at the national level under federal law.

However, California, Georgia, and Idaho are the only states with laws preventing someone from ordering these spores online.

The Legal Risks of Intent

It’s important to note that while psilocybin spores do not contain psilocybin, a controlled substance, it is a crime to attempt or have intent to violate the Controlled Substances Act.

While purchasing and possessing psilocybin spores is legal, using them to cultivate psilocybin mushrooms is illegal under federal law due to their potential classification as drug paraphernalia.

Disclaimer: The information provided in this article is for informational purposes only and does not constitute medical advice. CBD and THC products are not currently evaluated or approved by the FDA and are not intended to diagnose, treat, cure, or prevent any disease. Always consult a healthcare professional before using these products, especially if you have a medical condition or are taking medications. Check your local laws regarding CBD and THC usage, as regulations vary by jurisdiction

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