The last time anyone heard, it is illegal for a person to have magic mushrooms in their possession. However, word on the street says that owning Psilocybin mushroom spores is legal in the United States. So, which is the correct statement? Is it legal or illegal? Why is it so easy to buy spores online?

Shrooms or hallucinogenic mushrooms are not as addictive as other similar drugs. Although it does not have several proven health benefits, humans have been using it since a thousand years ago. Everyone wants to know: is it okay to possess, consume, and grow this natural psychedelic drug? After all, no one wants to get arrested for engaging in illegal activity.

Today, this article will get to the bottom of the question and help the readers learn more about this natural psychedelic drug’s legal status.

What is illegal?

Under the Psychotropic Substances Act, Psilocybin and Psilocin are both illegal drugs. The possession, distribution, sale, and transport of this substance can lead to getting arrested.

After the amendment of the Controlled Substances Act, it came to the authority’s attention that these substances are addictive and can potentially cause consumers to abuse it. And because there are no fully proven health benefits of this drug, they saw no point in making it legal in any of the states across the US.

Why are psychedelic mushrooms illegal?

Magic mushrooms contain both Psilocybin and Psilocin by nature. Therefore, by extension of the fact that these two substances are part of the Schedule 1 drugs, psychedelic mushrooms have also been tagged as illegal.

What is legal?

Magic mushroom spores or psilocybin spores are perfectly legal to have in one’s possession in 47 states out of the 50 states in the US. This statement means a person can possess, distribute, transport, and sell mushroom spores without leading to an arrest. These states are California, Georgia, and Idaho.

In fact, there are shops online like from where a person can buy mushroom spores or spore syringes to cultivate this natural source of Psilocybin on his or her own. One important thing to note here is that it is the mushroom spores that are legal and not the actual magic mushroom.

Why are mushroom spores legal?

There is only one reason why magic mushroom spores are legal in forty-seven states, and that is because the spores do not contain Psilocybin. As mentioned before, Psilocybin is one of the drugs listed under Schedule 1 of the Controlled Substances Act.

As a result of the loophole or gap within the official statements regarding mushrooms’ legality, one can conclude that mushroom spores are legal.

The logic behind why mushroom spores are legal, and their final form that is magic mushrooms are illegal is because one contains the illegal drug, while the other does not. If the only “illegal” part of a drug is absent, there is no ground on which anyone can say it is illegal.

Now, since the spores do not contain any form of an illegal substance, even if someone decides to sell mushroom spore syringes in the open, the concerned authorities will legally have no right to arrest the said person for possession or distribution of drugs.

Where in the United States are mushroom spores illegal?

Out of the 50 states in the US that allow the sale and possession of magic mushroom spores, three states do not allow movement of even the spore itself. These states are California, Georgia, and Idaho.

In California, there is a strict prohibition for the sale and transport of both magic mushrooms and its spores unless it is for research purposes. As for Georgia and Idaho, they have both adopted laws that ban the sale and transport of psychedelic mushrooms for any purpose as far as anyone is concerned.

What are the cases in which magic mushrooms are legal?

In most cases, cultivating or possessing mushrooms that contain Psilocybin is illegal. However, there is one instance where the Controlled Substances Act makes an exception regarding its cultivation. If a person wishes to research this natural psychedelic drug, they can get a special license from the Drug Enforcement Administration.

After getting the permit, the person has to cultivate Psilocybe Cubensis under controlled conditions. For any other purpose, the cultivation of mushrooms is illegal in any shape or form.

When does a magic mushroom spore become illegal? 

The moment a person germinates the spores is the moment it becomes an illegal activity. So far as the spores remain spores, there is no base on which a person can get arrested. However, once the spores germinate and turn into mycelium, a reason for arrest arises as mycelium contains Psilocybin.


The legal status of magic mushrooms and their spores depends on where a person is. Even in the United States, California, Georgia, and Idaho do not allow the sale and cultivation of the magic mushroom spores. Many mushroom benefit advocates are trying to make this wonder drug legal.