John Miller
The legal status of unauthorised actions with psilocybin mushrooms varies worldwide. While the United Nations Convention on Psychotropic Substances requires its members to prohibit psilocybin and restrict its use to medical and scientific research, the mushrooms containing the drug were not specifically included in the convention. In Idaho, the possession and sale of psilocybin mushroom spores are illegal. Foraging for mushrooms for personal use in Idaho generally does not require a permit, but a permit is required for commercial mushroom harvesting and selling. However, due to limited fire sizes and access limitations in Valley County, commercial mushroom permits were not available at one point.
| Characteristics | Values |
|---|---|
| Permit required for selling mushrooms in Idaho Panhandle National Forests | Yes |
| Permit cost | Free |
| Commercial permits available in Valley County, Idaho | No |
| Legal status of psilocybin mushrooms in Idaho | Illegal |
| Legal status of psilocybin mushroom spores in Idaho | Legal to possess |
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What You'll Learn
Idaho's laws on psilocybin mushrooms
Psilocybin mushrooms, also known as "magic mushrooms", are illegal in Idaho. The state of Idaho has specifically amended its laws to criminalize the possession and sale of psilocybin mushroom spores, which are legal in many other places due to a loophole that means they do not technically contain the drug.
The United Nations Convention on Psychotropic Substances, of which the US is a signatory, requires its members to prohibit psilocybin and restrict its use to medical and scientific research. However, the mushrooms containing the drug were not specifically included in the convention, and many countries have some level of regulation or prohibition in place. Psilocybin and psilocin are listed as Schedule I drugs under the convention, meaning they are considered to have a high potential for abuse and no recognized medical uses.
In the United States, the Drug Abuse Control Amendments of 1965 first subjected psilocybin and psilocin to federal regulation, and the US Psychotropic Substances Act of 1978 was amended to reflect the terms of the UN convention. The possession and use of psilocybin are prohibited under almost all circumstances and often carry severe legal penalties.
The cultivation of psilocybin mushrooms is considered drug manufacture in most jurisdictions, including the US, and is often severely penalized. However, some countries and one US state, New Mexico, have ruled that growing psilocybin mushrooms does not qualify as "manufacturing" a controlled substance.
In Idaho, mushroom picking is allowed in the Boise National Forest without a permit, but only for personal use and non-commercial purposes. Mushrooms cannot be sold for profit and are limited to 5 gallons per person and 10 gallons per person per day.
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Commercial mushroom permits in Idaho
Commercial mushroom permits are required for those intending to sell mushrooms in Idaho. While the specific regulations may vary across different counties and forests in the state, here is an overview of the permit requirements and considerations for commercial mushroom harvesting in Idaho:
National Forest Mushroom Harvesting Permits
The National Forest in Idaho generally requires a mushroom harvesting permit for commercial purposes. These permits are free and aim to appropriately manage mushroom harvesting activities, monitor usage, and protect natural resources. While personal harvesting is allowed without a permit, it is limited to a maximum of 5 gallons of morel mushrooms per person for non-commercial use. Mushrooms collected under this exemption must not be sold for profit.
Commercial Mushroom Permits in Valley County
In Valley County, Idaho, commercial mushroom permits may not always be available. Due to limited fire sizes and access restrictions in 2020, the Forest Service did not issue commercial permits during that year. It is important to check with the relevant county authorities to confirm the availability of commercial permits before engaging in mushroom harvesting for commercial purposes.
Truffle Mushroom Permits
Truffle mushrooms have distinct regulations from other wild mushrooms. In Oregon, for instance, a permit is required to collect truffles on both private and state-owned forestland. Permits for harvesting truffles on designated BLM lands are available through the Bureau of Land Management in the Salem District. It is important to note that harvesting truffles typically requires the assistance of a truffle dog.
Psilocybin Mushroom Legal Status
It is important to distinguish between the legal status of different mushroom varieties. Psilocybin mushrooms are considered Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances. While the convention did not specifically include the mushrooms containing psilocybin, many countries have since regulated or prohibited them. In the United States, most state courts consider psilocybin mushrooms a "container" of illicit drugs, making them illegal. However, Idaho has specifically amended its laws to criminalize the possession of psilocybin mushroom spores.
Other Considerations
When engaging in commercial mushroom harvesting in Idaho, it is essential to be mindful of the specific regulations and permit requirements for the particular county or forest area. Additionally, proper identification of edible mushrooms is the sole responsibility of the harvester. It is also worth noting that senior citizens aged 62 or above who are US citizens or permanent residents are eligible for a lifetime National Parks and Federal Recreational Lands Senior Pass, granting free access to over 2000 federal recreation sites.
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National Forest mushroom harvesting permits
In the US, mushroom picking is allowed on almost 200 million acres of National Forest land. However, each National Forest has distinct laws regulating the practice. Some allow you to pick up to 5 gallons with no permit required, while others require you to obtain a permit from the rangers' office.
Personal-use permits are often free or low-cost (up to $10), allowing individuals to pick up to 5 gallons (approximately 12.5 lbs) of mushrooms per day and possess up to 10 gallons per person per day. These permits may be valid for a specific season, such as through September 30, 2025, in the example of some Northern Region Forest Service lands.
Commercial permits, on the other hand, can cost between $20 and $100. The conditions of these permits must be followed, along with Forest regulations and Motor Vehicle Use Map Regulations. Harvesters must also be aware of and respect adjacent private lands.
It is important to note that the identification of mushrooms is solely the responsibility of the harvester, and many forest mushroom species are poisonous. Therefore, proper identification is crucial to ensure safe foraging.
Additionally, specific mushroom types, such as truffles and matsutake, may have additional regulations regarding their harvest, and there may be seasonal regulations in place as well.
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Truffle permits and regulations
The regulations and permits for truffle collection differ from those for other wild mushrooms. In Oregon, for instance, a permit is required to collect truffles on both private and state-owned forestland. These permits must be requested and obtained from the landowner. The Bureau of Land Management in Salem also offers permits to harvest truffles on designated BLM lands, but only with the assistance of a truffle dog.
In contrast, some areas do not require permits for collecting mushrooms for personal use. For example, Oregon State law allows individuals to gather mushrooms for personal consumption without a permit in state forest lands in Astoria, Tillamook, Forest Grove, North Cascade, and West Oregon Districts, with a limit of one gallon per vehicle. Similarly, there are no permit requirements for collecting mushrooms for personal use on lands managed by the BLM.
National forests, such as the Siuslaw National Forest, may allow individuals to collect and consume mushrooms without a permit, but removing mushrooms from these areas is prohibited. Other national forests, like the Ochoco National Forest, offer free-use permits for gathering up to two gallons of mushrooms per person per day.
While personal harvesting of mushrooms is allowed in some areas without a permit, commercial harvesting typically requires a permit. Commercial permits may not always be available due to factors such as limited fire sizes and access limitations. When available, these permits come with more restrictive limits on the areas where harvesting is permitted.
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Legal mushroom harvesting amounts
The legal amount of mushrooms that can be harvested varies depending on the type of mushroom, the location, and the intended use. In general, picking mushrooms for personal use is allowed in many places without a permit, but commercial harvesting typically requires a permit and may be subject to quantity limits.
For example, in Boise National Forest, individuals are allowed to harvest up to 5 gallons of morel mushrooms per person and possess up to 10 gallons per person per day for non-commercial purposes. However, these mushrooms are not to be sold for profit. Similarly, in Oregon State Forest Lands, there is no permit required for collecting mushrooms for personal use from state forestland in certain districts, with a limit of one gallon per vehicle at any one time. On the other hand, the Siuslaw National Forest in Central Oregon Coast does not require a permit or fee for quantities of less than one gallon per person per day.
When it comes to commercial harvesting, permits are typically required and may be subject to availability and specific conditions. For instance, the Idaho Panhandle National Forests require a free mushroom harvesting permit for commercial gathering, while Valley County, Idaho, may not offer commercial mushroom permits every year due to access limitations. Additionally, commercial harvesting may have more restrictive limits on the areas where mushrooms can be harvested.
It is important to note that regulations can vary significantly across different locations and types of mushrooms. Therefore, it is essential to check the specific rules and permits required for the particular area and mushroom species before engaging in mushroom harvesting.
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Frequently asked questions
Yes, you need a permit to sell mushrooms in Idaho. A commercial permit is required for selling mushrooms and includes more restrictive limits on the areas you may harvest.
There are generally two types of permits for mushroom harvesting: personal use permits and commercial permits.
The process of obtaining a permit for selling mushrooms in Idaho may vary depending on the specific location and type of mushroom. In some cases, you may need to contact the landowner or the relevant government agency, such as the Bureau of Land Management or the US Forest Service, to request and obtain the necessary permits.
Yes, there are restrictions on selling wild mushrooms in Idaho. Certain types of mushrooms, such as truffles and matsutake mushrooms, may have different regulations and require specific permits. Additionally, there may be restrictions on the quantity allowed for commercial use.
Psilocybin mushrooms are considered illegal in Idaho, and their possession and use are prohibited under most circumstances. However, there has been ambiguity in the legal status of psilocybin mushrooms, and specific laws and enforcement may vary across different jurisdictions. It is important to refer to the latest local and state laws regarding the sale and possession of psilocybin mushrooms in Idaho.
