Why are magic mushroom spores legal?

When it comes to psychedelic mushrooms, it can be confusing knowing what is and isn’t legal. There are many grey areas, and laws can also differ from place to place. 

Maybe you’ve already heard (or maybe this is news to you!) but some specific parts of magic mushrooms are completely legal in most of the United States. 

The parts we’re talking about specifically are psychedelic mushroom spores.

The spores of the magic mushroom variety known as Psilocybe Cubensis are legal in almost all of the United States, apart from California, Georgia, and Idaho. This means that someone can possess, transport, and sell psilocybin mushroom spores completely legally, without any repercussions. 

But what´s important here is that we’re still just talking about psychedelic mushroom spores, NOT the mushrooms themselves.

Why are psilocybin mushrooms illegal?

For now, we’ll keep it simple – psilocybin mushrooms contain psilocybin, which is the active hallucinogenic substance that’s illegal in all 50 states. The spores, which haven’t grown into mushrooms yet, don’t contain this illegal substance. 

So theoretically the spores can’t be classed as an illegal drug as they don’t contain any psilocybin – even though they could technically grow into mushrooms, making them automatically illegal. 

So buying, selling, and studying the spores of psilocybin mushrooms are all legal in 47 states, BUT maturing the spores into mushrooms is illegal.

Interesting right?

(Remember it’s the substance psilocybin that’s illegal, not simply the fungi itself.)

In some municipalities psilocybin has been decriminalized, however that doesn’t mean the same as legalized. 

What’s the Difference Between Legalization and Decriminalization?

To be fully informed about a drug, it’s important to know the difference between a drug that is legal and a drug that is decriminalized. 

If a drug is legal that means that no one can face criminal charges for using, selling, or having any other involvement with it. 

If a drug has been decriminalized that means that it’s still technically illegal, but the repercussions will be less severe. Rather than leading to any criminal convictions, punishments are limited to civil penalties, such as a fine. 

To put it simply – if you’re caught with a decriminalized drug you won’t go to jail, but you could receive a fine.

There are currently only three municipalities in the United States that have decriminalized psilocybin mushrooms:

  • Denver, Colorado
  • Oakland, California
  • Santa Cruz, California

But remember – this still doesn’t make psilocybin legal.

It’s still an illegal substance in these municipalities, the punishment is just less severe than in the rest of the United States where it is not decriminalized.

What´s the difference between a spore and a mushroom?

What we know so far is that psilocybe cubensis spores are legal as they don’t contain the illegal substance psilocybin. Whereas the mature psilocybin mushrooms do contain psilocybin, which makes them illegal.

The reason why the spores don’t yet contain psilocybin is because of the different stages of mushroom development.

To understand how a mushroom develops, we need to take a look at the different parts of a mushroom first:

From top to bottom, a mushroom usually has the following parts:

  • Cap – the most recognizable part at the top of the mushroom, that looks like a hat/cap
  • Gills – these are the ribbed lines underneath the cap and these are what produce the spores, which is what we’re interested in!
  • Stem – this is the branch part that supports the mushroom
  • Ring – this is organic leftover matter that is sometimes at the bottom of the stem
  • Volva – this is another leftover part that protected the mushroom as it was growing
  • Mycelium and hyphae – these parts are usually underground. The mycelium produces the mushrooms, while the hyphae take in nutrients for the growth of the mushroom

Mushroom spores can naturally go through a process called germination. This process makes the mycelium grow, which can then lead to the production of mature mushrooms. 

This is the important part – if spores have been germinated, they can then go on to produce fully grown mushrooms that contain psilocybin. This can make them illegal.

So it’s not just the matured psilocybin mushrooms that are illegal, but the spores are also illegal IF they’ve been germinated. 

This is why extra care needs to be taken to ensure that they don’t germinate.

How can you stop psilocybin mushroom spores from germinating?

Mushroom spores can come in different forms, each one designed to prevent them from germinating.

Psilocybe Cubensis Mushroom Spore Syringes

A mushroom spore syringe is one way of transporting and storing spores without the risk of them germinating. A single syringe can hold millions of mushroom spores that are suspended in a sterile water solution, which prevents them from germinating.

Mushroom spore syringes are easy to use and store. Check out our mushroom spore syringes for sale.

Psilocybe Cubensis Mushroom Spore Print

A mushroom print is made by placing a removable surface, such as paper or foil, under the mushroom to collect dropped spores. It needs to be left for at least a few hours to allow time for the spores to drop. A drop of water can be put on the cap of the mushroom to encourage the spores to release.

Psilocybe Cubensis Mushroom Spore Swab

Another way you can buy mushroom spores is as a mushroom spore swab. This is made by taking a sanitized cotton swab and gently rubbing it against the gills of the mushroom. This collects the spores and transfers them onto the swab.


So as we know, in 47 states the sale and possession of psilocybin mushroom spores are completely legal. As long as you live in one of these states, you can legally and safely buy magic mushroom spores.

Nowadays, the easiest way to buy mushroom spores is over the internet. There are so many options, so do your research to make sure you’re buying a quality product.

At MushLoveGenetics, we provide high-quality and well-researched magic mushroom spores. Check them out here and begin your mushroom journey with us!