Michael Davis
The legal status of psilocybin mushrooms, colloquially known as 'magic mushrooms', varies across the world. While the United Nations Convention on Psychotropic Substances requires its members to prohibit psilocybin, the mushrooms containing the drug were not specifically included in the convention. Psilocybin mushrooms are not regulated by UN treaties, but many countries have some level of regulation or prohibition. In some jurisdictions, psilocybin spores are legal to sell and possess because they do not contain psilocybin or psilocin. However, in other jurisdictions, they are banned because they are used in drug manufacture. In the United States, for example, the federal law prohibits psilocybin, and state laws vary. While psilocybin spores are not federally controlled substances, possession with the intent to cultivate psilocybin is illegal. As of May 2025, Florida has become one of four states that have outlawed mushroom spores.
| Characteristics | Values |
|---|---|
| Mushroom spores are illegal in these US states | California, Georgia, Idaho, and Florida |
| Mushroom spores are legal to sell and possess in these jurisdictions | Not specified |
| Psilocybin is illegal in these countries | The United States, the United Kingdom, Canada, Australia, Japan, Russia, India, and South Africa |
| Psilocybin is legal for medicinal use in these countries | Canada, Australia, Denmark, and Peru and Bolivia (where it is legal without restriction) |
| Psilocybin is decriminalized in these US states | Colorado and Washington State |
| Psilocybin is legal in these US states | Not specified |
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What You'll Learn
- Psilocybin mushroom spores are not federally controlled in the US
- Possession of spores with the intent to cultivate is illegal
- Some US states prohibit the sale and possession of spores
- Florida's new farm bill bans the sale and possession of spores
- Spores are illegal in some countries, like Russia and India
Psilocybin mushroom spores are not federally controlled in the US
Psilocybin mushroom spores do not contain psilocybin or psilocin, the substances named as controlled substances under Schedule I of the Controlled Substances Act ("CSA"). Therefore, psilocybin mushroom spores are not federally controlled in the US. However, this does not mean that the sale or possession of psilocybin spores is completely protected under the law. While psilocybin spores are not a federally controlled substance, there are still several sources of legal risk for engaging with them.
Under the CSA, it is federally illegal to manufacture, distribute, dispense, or possess with the intent to manufacture, distribute, or dispense a controlled substance. Thus, while possession of psilocybin spores is federally legal, possession of such spores with the intent to use them to cultivate psilocybin mushrooms is federally illegal. Possession with intent to cultivate psilocybin is illegal. In addition, sellers should be aware of the risk of conspiracy or attempt charges. A person may be federally charged for attempting or conspiring to violate the CSA if there is any evidence that the operator knew the psilocybin spores would be used to cultivate psilocybin mushrooms. For example, the courts have found that materials used to grow psilocybin spores (i.e. grow kits), in addition to psilocybin spores, may violate the CSA.
The legal status of psilocybin mushrooms varies worldwide, with many countries having some level of regulation or prohibition in place. For example, the US Psychotropic Substances Act, the UK Misuse of Drugs Act 1971, and the Canadian Controlled Drugs and Substances Act. In some jurisdictions, Psilocybe spores are legal to sell and possess because they do not contain psilocybin or psilocin. However, in other jurisdictions, they are banned because they are items used in drug manufacture. A few jurisdictions, such as California, Georgia, and Idaho, have specifically prohibited the sale and possession of psilocybin mushroom spores.
In recent years, there have been some changes to the legal status of psilocybin mushrooms in certain jurisdictions. For example, in November 2020, the District of Columbia passed Initiative 81, which allows for the possession and non-profit gifting or distribution of psilocybin mushrooms. In 2022, Colorado became the second US state to decriminalize psilocybin mushrooms. In addition, Australia approved the use of psilocybin in prescription medications for the treatment of PTSD and treatment-resistant depression. These changes reflect evolving attitudes and evidence regarding the therapeutic benefits of psilocybin.
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Possession of spores with the intent to cultivate is illegal
While mushroom spores do not fall under the category of federally controlled substances in the US, their possession with the intent to cultivate psilocybin mushrooms is illegal under the Controlled Substances Act (CSA). The CSA defines psilocybin and psilocin as Schedule I controlled substances, which are drugs with a high potential for abuse and no recognised medical use.
The Drug Enforcement Administration (DEA) has affirmed that spores that produce so-called magic mushrooms are not, in themselves, federally prohibited. Terrence Boos, Drug & Chemical Evaluation Section Chief at the DEA, clarified the agency's position in a letter:
> If the mushroom spores (or any other material) do not contain psilocybin or psilocin (or any other controlled substance or listed chemical), the material is considered not controlled under the CSA. However, if at any time the material contains a controlled substance such as psilocybin or psilocin (for example, upon germination), the material would be considered a controlled substance under the CSA.
This distinction exists because psilocybin mushrooms as a whole are not classified as a federally illegal controlled substance. Rather, psilocybin and psilocin are the substances named as controlled substances. Thus, the scope of federal legality extends exclusively to spores that may be capable of producing psilocybin mushrooms but do not actually contain psilocybin or psilocin.
While the federal government maintains its stance on the legality of spores, state laws vary. In some places, psilocybin is legal or decriminalised and can be used for medicinal purposes. For example, in 2022, Colorado became the second US state to decriminalise psilocybin mushrooms. On the other hand, states such as California, Georgia, Idaho, and Florida have specifically prohibited the sale and possession of psilocybin mushroom spores. In Florida, the possession or sale of mushroom spores could result in a first-degree misdemeanour, carrying up to a year in jail and a $1,000 fine.
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Some US states prohibit the sale and possession of spores
The legal status of psilocybin mushrooms varies worldwide. Psilocybin and psilocin, the substances found in these mushrooms, are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances. While the mushrooms themselves are not regulated by UN treaties, many countries have some level of regulation or prohibition in place. For example, the US Psychotropic Substances Act, the UK Misuse of Drugs Act 1971, and the Canadian Controlled Drugs and Substances Act all regulate psilocybin mushrooms.
In some jurisdictions, Psilocybe spores are legal to sell and possess because they do not contain psilocybin or psilocin. However, in other jurisdictions, they are banned because they are used in the manufacture of drugs. In the US, the Drug Enforcement Administration (DEA) has confirmed that spores that produce so-called magic mushrooms are not, in themselves, federally prohibited. This is because the Controlled Substances Act (CSA) does not explicitly ban spores that can be used to produce magic mushrooms. Instead, the CSA lists psilocybin and psilocin as Schedule I controlled substances.
However, some individual US states prohibit the sale and possession of spores. For example, California, Georgia, and Idaho have specifically prohibited the sale and possession of psilocybin mushroom spores. Florida has also recently joined these states in outlawing mushroom spores. In these states, possession or sale of mushroom spores could result in a first-degree misdemeanour, carrying up to a year in jail and a $1,000 fine.
While the federal government does not prohibit the spores themselves, it is important to note that possessing these spores with the intent to cultivate psilocybin mushrooms is illegal under the CSA. This means that individuals could be charged with manufacturing or selling psilocybin spores under the provisions of the CSA that criminalize the possession and sale of drug paraphernalia.
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Florida's new farm bill bans the sale and possession of spores
Psilocybin mushrooms, also known as 'magic mushrooms', are illegal in many countries, including the US, the UK, Canada, Australia, Japan, Russia, India, and South Africa. While the UN Convention on Psychotropic Substances requires its members to prohibit psilocybin, the mushrooms containing the drug were not specifically included in the convention. As a result, the legal status of psilocybin mushrooms and their spores varies worldwide.
In the United States, the federal law specifically banning psilocybin and psilocin was enacted in 1968, and they are classified as Schedule I drugs under the Controlled Substances Act. Psilocybin mushrooms are also illegal under the US Psychotropic Substances Act. While mushroom spores themselves are not illegal under federal law as they do not contain psilocybin, their possession could be considered an intent to cultivate psilocybin mushrooms, which is punishable under federal or state law.
Florida has recently joined the ranks of states like California, Georgia, and Idaho in outlawing mushroom spores. A new farm bill, signed into law by Governor Ron DeSantis, includes a provision banning the sale and possession of certain mushroom spores. This bill, which takes effect on July 1, 2025, makes it illegal to sell or possess mushroom spores often used to cultivate psychedelic mushrooms. While the spores themselves are federally legal and do not contain psilocybin, supporters of the measure argue that their potential to grow into illegal mushrooms justifies the ban.
Under the new law, possession or sale of mushroom spores in Florida could result in a first-degree misdemeanor, carrying up to a year in jail and a $1,000 fine. This has sparked concerns among researchers and businesses, as it risks criminalizing those who use spores for legitimate purposes. Opponents argue that mushrooms have medicinal value and are being studied for the treatment of anxiety, depression, and PTSD. The new law in Florida reflects the evolving nature of legislation surrounding psilocybin mushrooms and their spores, as attitudes and evidence regarding their use continue to develop.
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Spores are illegal in some countries, like Russia and India
The legal status of unauthorised actions with psilocybin mushrooms varies worldwide. While psilocybin spores are not a federally controlled substance, their possession could be considered an intent to cultivate psilocybin mushrooms, which is illegal under federal law. In the United States, the Drug Enforcement Administration (DEA) has affirmed that spores that produce so-called magic mushrooms are not, in themselves, federally prohibited. However, the federal legality of spores only extends to those that do not contain psilocybin or psilocin.
In some jurisdictions, Psilocybe spores are legal to sell and possess, but in others, they are banned because they are used in drug manufacture. For example, in the US, the sale and possession of psilocybin mushroom spores are specifically prohibited in California, Georgia, and Idaho. Florida has also recently joined these states in banning mushroom spores.
Outside of the US, spores are illegal in several countries, including Russia and India. Psilocybin is listed as a Schedule I drug under the United Nations 1971 Convention on Psychotropic Substances, which requires its members to prohibit the substance. However, the convention does not specifically mention psilocybin mushrooms, due in part to pressure from the Mexican government.
The legal status of psilocybin is constantly evolving as research into its therapeutic benefits continues to develop. For example, in 2022, Colorado became the second US state to decriminalize psilocybin mushrooms, and in 2023, Australia approved psilocybin for use in prescription medications for the treatment of PTSD and treatment-resistant depression.
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Frequently asked questions
While mushroom spores are not federally controlled substances, they are illegal in some states, including California, Georgia, Idaho, and Florida. Possession of spores with the intent to cultivate psilocybin mushrooms is also federally illegal.
Mushroom spores are the reproductive engine of mushrooms and can be compared to seeds.
Yes, in some jurisdictions, Psilocybe spores are legal to sell and possess because they do not contain psilocybin or psilocin.
