Are Magic Mushroom Spores Legal?
The short answer – In most places, yes *For Microscopy Purposes Only* psilocybin (or “Magic”) mushroom spores are legal! The reason? Mainly because they contain no psilocybin or psilocyn, but many other reasons discussed in this article also support their legality.


For a more detailed answer as to why this area of spores seems so grey, continue reading.



The world of mycology becomes ever more prevalent internationally via discoveries about many species of fungi that could help heal us as all the way from an individual level to the planetary level. With these discoveries, naturally people are becoming more interested in how mushrooms work and what they do. Medicinal mushrooms can help heal our bodies by causing unique biological reactions (like how a unique chemical in Turkey Tail mushrooms has anticancer properties), but Psilocybin Mushrooms (otherwise known as Magic Mushrooms) not only work on the individuals biology but also on their mind (ex. Effect of psilocybin on treatment resistant depression ).

 

As many people struggle in the world today, answers to problems on an individual level can be the start of a whole new life. Finding these answers are not an easy task to say the least, but as technology and information becomes more available people are beginning to find ways that can solve mental issues that many people suffer from and have suffered from for hundreds likely thousands of years (ex. Depression, Substance Use Disorder, many more). 

 

Psilocybin containing mushrooms are mind altering substances at higher doses, whereas a lower/micro dose could be considered a nootropic. It has also been said that Psilocybin can hep promote neurogenesis . As a result of many studies on Psilocybin having positive results, it is now being researched more then ever.

 

Just like any “drug” psilocybin and psilocyn must and should go through vigorous testing and have many studies conducted on their properties and effects. The mind-altering effects should be used in a controlled setting or under proper prescription.  The spores of the mushrooms that contain Psilocybin on the other hand most certainly should also be studied in order to understand the organism more entirely.

 

**Let us be clear, the legal information in this article is all hypothetical and should in no way be used in an official setting without consulting a real legal advisor. **

 

As was mentioned at the top of the article, most places allow for the import and possession of spores (some exceptions for example are California, Idaho, and Georgia). This erowid article briefly discusses California’s laws on spores. In Canada as well as the USA, the legal status of psilocybin mushroom spores is quite ambiguous. Nothing on the Canadian governments website seems to mention spores specifically, and Wikipedia states “Mushroom spore kits are legal and are sold openly in stores or on the internet as the spores and kits themselves are legal. Psilocybin and psilocin are illegal to possess, obtain or produce without a prescription or license as they are schedule III under the Controlled Drugs and Substances Act.”. The same lack of information regarding spores specifically comes up in the USA and many other countries after doing a bit of a search on google. The illegal substances are psilocybin and psilocyn, as they are the mind-altering substance. So, studying the spores (which contain no psilocybin or psilocyn) in a microscopic setting, or even before a certain stage in growth would very likely but also slightly potentially be seen as legal.

 

In an imaginary legal situation, the legal area of spores is so grey and ambiguous currently that by simply studying them the chances of any legal complications arising as a result of possession or sale is quite unlikely. As stated previously, these substances have been proven worthy of research due to their potential positive effects. So even if something were to somehow arise, there would likely be 2 possible outcomes for the most part.

(A) The defendant has been selling spores *for microscopy purposes only*, and the prosecution claims spores are used to grow illegal mushrooms containing psilocybin or psilocyn.

a.     In this situation, the prosecution would for the most part be wasting their time with the defendant, as spores contain no psilocybin or psilocyn and these substances can only be obtained under special and specific circumstances (Gross, 2000). In the worst-case scenario, one may have to hire a lawyer for a case that will very likely get put on hold for quite some time. Due to likelihood of magic mushrooms becoming legal or decriminalized in some way or other, a case like this is very weak for the prosecution as the legal areas are extremely ambiguous.

(B) The defendant has been selling spores negligently and potentially for illegal purposes.

a.     In this situation, the result depends on the degree of negligence. If the defendant is directly selling spores for the purpose of cultivation, they will most likely get in significant amounts of trouble. On the other end of the spectrum if the defendant sells spores for microscopy purposes but provides a grow guide with the spores the case will once again become more ambiguous. On the lighter end of the spectrum, most of those cases seem likely to be put on hold due to new research on psilocybin and psilocyn. Under all circumstances in situation (B) lawyer fees would be a considerable factor.

 

For the rest of the article, we have extracted information from a study done by Susan T. Gross that explains at which point in the mushroom life cycle psilocybin becomes present in the mushroom mycelium and fruiting bodies. This information highlights the stages at which we can potentially study these mushrooms in a legal manner.

 

There are 4 stages of the mushroom life cycle. The spores start everything off, then the mycelium begins to form, after that the primordia/pre-fruit form, and then finally come the fruiting bodies we know as mushrooms.


 

Germination of the spores can only take place in a suitable environment.