Mushroom spores are often compared to the seeds of the fungi world. They contain half of the genetic information required to produce a mushroom. When these spores land in the right place, they produce fine white strands of mycelium, which eventually grow into a new mushroom fruiting body.
Federal Laws in the United States
Federal law in the United States does not mention psilocybin mushroom spores. The active chemicals in psychedelic mushrooms, psilocybin and psilocin, are listed as Schedule I substances under Federal law. However, Psilocybe cubensis mushroom spores do not contain psilocybin or psilocin. Therefore, mushroom spores are not illegal either federally or in most US states. In fact, in early 2024 the DEA provided clarification on the matter stating that psychedelic mushroom spores are legal prior to germination. Read that article here.
State Laws
While federal law does not prohibit the sale or possession of mushroom spores, some states have specific regulations regarding the sale, distribution, or transportation of psilocybin mushroom spores.
Idaho & Georgia
Idaho and Georgia have laws that specifically ban the transport and sale of psilocybin mushrooms. Therefore, it is not possible to ship or sell mushroom spores to these states.
California
California has a law that mentions spores, but it is not illegal to possess mushroom spores specifically.
Decriminalization Movement
In recent years, there has been a movement towards the decriminalization of personal use, possession, or cultivation of naturally-occurring psychedelics like psilocybin mushrooms. For instance, in May 2019, Denver residents voted on Ordinance 301, declaring “the adult possession and use of psilocybin mushrooms” would become the city’s lowest law enforcement priority. Oakland, California followed suit a month later. In 2020, Oregon voted to legalize magic mushrooms.
Conclusion
While the sale and possession of mushroom spores are legal in most parts of the United States, it’s important to be aware of the specific laws in your state. Always remember that while the spores themselves may not be illegal, the cultivation of mushrooms from these spores could be, especially if the mushrooms contain controlled substances such as psilocybin or psilocin.