Are All Mushroom Spores Legal in My State?

What are the Mushroom Legal States? What are the mushroom laws by state?

Mushroom Spore Legality

Is it legal to grow special mushrooms? Where are mushroom spores legal? Many researchers are pleasantly surprised to learn that cubensis, are legal in most of the United States.

Mushrooms Legal States. On the topic of spore legality this mushroom laws by states blog post gives you timely information on cubensis legal status, about different types of spore syringe types, information on cubensis spore legality by states, cubensis grow kit usa legal information, grow kit legality, and relevant special mushroom spores legality status for studying or growing mushroom spores in your state.

Mushroom Spores Legal Ramifications: Do Your Own Due Diligence

Having said that, you must keep in mind that the legality of mushroom spores is actually a more complex topic than it appears at first glance as well as . If you’re an amateur microscopist or mycologist interested in studying cubensis spores and the details of cubensis spores legal ramifications, we recommend reading our articles on cubensis spore legality for additional perspective, along with doing your own due diligence.

Where are mushrooms legal? Are mushroom spores legal? Is cubensis legal in US? If you’re pressed for time or want to know where are mushrooms legal in the USA, here are the broad strokes you need to understand: mushroom spores are legal in the United States except for California, Georgia, and Idaho.

Mushrooms, including the ingredients contained within mycelium or mature cubensis mushrooms are illegal everywhere in the United States. Is it legal to grow special mushrooms? No, that’s why we focus on mushroom spores. Cubensis spore’s legal details are much clearer for research and studying. There are many states in the US considering mushroom therapy legalization. Some municipalities have decriminalized them, but “decriminalized” is not synonymous with “legalized.” We cover this in more detail just below.

“Decriminalized” is not synonymous with “legalized.”

Mushrooms Legality vs. Spore Legality Differences

So, as you can see, there’s more to the mushrooms legality and spore legality topic than meets the eye! There’s also the related subject of the benefits of mushrooms and cubensis benefits for therapeutic purposes, which are numerous. But for mushroom researchers who want to study mushroom spores but don’t want to break the law, having an understanding of their regional laws is very important.

Mushroom Spores Legality: Difference Between Legal or Decriminalized

In this article, we’ll be discussing the three states which have outlawed mushrooms spores sold by cubensis companies, why spores are legal everywhere else even though mature mushrooms are not, and which municipalities have decriminalized some – and what that might mean for the future regarding where are mushroom spores legal or decriminalized?

As we go along, the importance of understanding two key differences cannot be overstated:

  • The difference between legalization and decriminalization
  • The difference between a mushroom spore and a mature mushroom

In this article, you’ll learn about all mushroom spore legal details, about cubensis information, and as well as other interesting and helpful information that every amateur microscopist should know, but you should also learn about spore prints legality.

A man writes on a piece of paper, illustrating one studying the difference between cubensis legalization and decriminalization

What’s the Difference Between Legalization and Decriminalization?

The difference between legalization and decriminalization is very important to understand. Unfortunately, many people use these terms interchangeably, which at best will lead to confusion, and, at worst, an unwanted brush with the law. It can be helpful to remember that sometimes the “language of the law” is very different from the casual conversations we usually have with one another.

So, at first glance, it seems pretty obvious—if something has been “de”-criminalized, that must mean it’s no longer illegal, right? Actually, no, that’s not right. Let’s explain why.

In regulatory terms, legalization is best understood as making a given action legal (i.e., not against the law, or “OK” to do without fear of punishment or consequences from the local governing body).

A public domain image of alcohol prohibition in the 1920s, to illustrate the difference between cubensis decriminalization and legalization

We usually use the term “legalization” or the past tense “legalized” to refer to an action which was once illegal, but is now legal. Perhaps the most well known example is the prohibition of alcohol in 1920s America. Here we see the entire spectrum: prior to 1920, alcohol was legal. During the prohibition period, it was illegal. After prohibition was reversed, alcohol was legalized.

Difference Between Legality and Illegality

Here’s a different example which perfectly illustrates the difference between legality and illegality and, pertinently, shows how one action might be completely legal, but when that action is modified, changed, or “taken in another direction” as it were, it no longer is. Picture this: it’s perfectly legal to get out of bed and make yourself a nice cup of morning coffee. It would, however, be illegal (and stupid!) to put a few shots of your favorite alcoholic beverage of choice into that coffee and then decide to go for a drive.

For our purposes, it’s important to understand that buying, selling, owning, and studying cubensis mushroom spores is legal in most of the United States. Are cubensis spores legal? Well, cultivating those spores into mature mushrooms is illegal. Like the coffee story, you’ve taken a legal action and modified it to become something illegal.

Now that we understand the terms legal, illegal, and legalization, we can move on to the other term in question, decriminalization.

Decriminalization is best described as when the criminal penalties attributed to an illegal act aren’t being enforced by the local governing body anymore. If described as “decriminalized,” it’s likely that an action is still illegal, but that offenders won’t be subject to criminal penalties—though they may still incur a fine or civil penalties.

With the above in mind, when we talk about places which have decriminalized cubensis mushrooms in the United States—at the time of this writing, there are just three municipalities which have done so—it’s very important that you understand cubensis are still illegal in these areas, but if “caught” an individual won’t face as severe of a punishment as they previously would have.

Penis Envy Mushroom Spores – Cubensis Legality – Growing Spores vs. Growing Cubensis Mushroom Strains

Again, cubensis mushroom spores are legal in most parts of the United States as far as cubensis legality of spores is considered, but cubensis mushrooms are not. With that in mind, let’s make sure we understand the difference between growing a spore and a growing mushrooms.

Penis Envy Mushroom Spores are a great cubensis strain to get started with in all cases for legal growing of spores for microscopy.

What’s the Difference Between a Spore and the Other Stages of Mushroom Development?

For the sake of convenience, here’s a (very!) brief recap: a spore is the reproductive unit of a fungus. Spores are produced by the gills of a mushroom (the ribbed portion below the cap). Spores can appear as a fine powder.

Since the spores of cubensis and other mushrooms do not contain illegal chemicals, they are legal. However, once spores begin to germinate, they can form mycelium, and then mature mushrooms, and thus are illegal.

Amateur microscopists interested in studying cubensis spores are free to do so in most of the United States, as long as the spores are used for research purposes only. Even though it’s legal to own the spores, it isn’t legal to grow mushrooms.

In Which States Are Mushroom Spores Legal – What Are The Mushroom Laws By State?

Mushroom spores are legal in all of the United States except for California, Idaho, and Georgia. While the motivation differs from one state to another, the general goal of legislators in these areas is to prevent the purposeful cultivation of cubensis-containing mushrooms. Lawmakers believe that by preventing the manufacture, sale, and possession of mushroom spores, these goals will be easier to meet—which is most unfortunate for law-abiding researchers.

However, in the other 47 states, the sale and possession of mushroom spores is legal for microscopy, taxonomy, and general research purposes. This means that if you live in an area where mushroom spores aren’t prohibited, you’re free to buy mushroom spores online in the Quality Spores shop.

California, Idaho, and Georgia Mushroom Spores Legality

California is one of the more interesting cases insofar as cubensis is concerned, since the state has a historically progressive population and governing body.

Mushroom Spores in Idaho

An image of the Sawtooth Range in Idaho, one of only 3 states where mushroom spores cannot be owned
Sawtooth Range, Idaho, USA

In Idaho, mushroom spores are illegal including in matured cubensis mushrooms.

This should come as no surprise to residents who may be familiar with the state’s longstanding prohibition of substances like cannabis. In Idaho, neither recreational or medicinal use of cannabis is permitted, and the state rallied against the federal 2018 Farm Bill, which reclassified hemp from a drug to an agricultural product.

Even though hemp, a variety of the cannabis plant, contains far too little tetra to be psychoactive, Idaho authorities still insist on charging those who possess or transport the plant under the state drug laws.

One could argue that mushroom spores are even more benign than hemp, as they contain no psychoactive substances. This author suggests steering clear of spores in Idaho, as unfortunate as that may be—Quality Spores cannot and will not ship to this state.

Mushroom Spores in Georgia

It’s illegal to sell or possess mushroom spores in Georgia. As one of only three states to do so, residents aren’t hopeful that cubensis or even the non-cubensis-containing spores of the cubensis mushroom will be legalized or even decriminalized. The Georgia legal code refers to mushroom spores as “dangerous drugs” which will, when mature, contain “either cubensis.”

According to legislators in Georgia, “…mushroom spores which, when mature, contain either cubensis” count as ‘Dangerous Drugs.’”

– Georgia Code § 16-13-1

Unfortunately, amateur microscopists living in Georgia will have to avoid studying mushroom spores for the foreseeable future.

Certain Municipalities Have Decriminalized Mushrooms

Once again, readers should be careful to note the difference between decriminalization and legalization, which we discussed earlier in this article (it’s important, so if you skimmed that bit, scroll back up and read it!).

The three municipalities in the United States that have decriminalized mushrooms are:

Mushroom Decriminalization in Denver, Colorado

In 2019, legislators moved to decriminalize the personal use and possession of mushrooms as part of Initiative 301. It was a close vote that motivated 176,000 residents to have their voices heard—50.6% of voters agreed with the decriminalization movement, and 49.4% disagreed.

While cubensis is still illegal in Denver—as it is everywhere in the United States—the change in local law means that the personal possession of mushrooms is now among the lowest law enforcement priorities in Denver (both city and county).

Are spores legal? P. Mushrooms remain a Schedule I substance in Denver, and selling them is still a felony crime. However, advocates of the Decriminalize Denver movement are hopeful that the changes will spur the rest of the state and the country to start seeing cubensis in a more accepting, positive light.

Cubensis is Decriminalized in Oakland, California and Santa Cruz, California

Just a month after the success of Initiative 301 in Denver, the city council of Oakland in California voted to decriminalize not only cubensis, but other specials contained within certain plants and fungi, such as peyote and ayahuasca. The vote was unanimous.

Personal possession of cubensis in Oakland won’t be prosecuted as a criminal charge, however, lawmakers were careful to note that the sale of mushrooms (and other substances like peyote) will result in legal consequences. Oakland residents are also not allowed to possess these substances on any school grounds.

After Denver and Oakland decriminalized mushrooms, Santa Cruz in California was the third municipality to follow suit in 2020, with another unanimous vote by the city council. Like the decision made in Oakland, the decision wasn’t made just to decriminalize mushrooms, but other plant- and fungi-based substances as well. Much of the motivating force behind the initiative in Santa Cruz was thanks to Project New Day to overcome addictions with special therapy, whose founders were instrumental in promoting the safe and responsible use of mushrooms as means of a drug addiction treatment to the city council.

It’s Legal to Cultivate Mushrooms in New Mexico – With Some Important Caveats

In 2005, the New Mexico state Court of Appeals concluded that growing psychoactive mushrooms like cubensis isn’t prohibited by the state’s anti drug manufacturing laws. As it turns out, this was quite a good thing for at least one New Mexico resident. At the time, a man from Alamogordo, David Ray Pratt, had been growing mushrooms at his home and was facing a felony drug trafficking conviction as a result of a 2002 raid. The Court of Appeals overturned the charge.

Growing hallucinogenic mushrooms isn’t prohibited by a New Mexico law against manufacturing an illegal drug. That’s the legal conclusion of the state Court of Appeals, which has overturned the felony drug trafficking conviction of an Alamogordo man for growing mushrooms in his home.

Albuquerque Journal, 2005

If you’re interested in learning more about David’s harrowing brush with the law, and the state-wide legal ramifications of the court’s decision, please read about New Mexico’s special laws and the state’s laws.

Federally, P. is still Schedule I substances, so traveling outside of the state isn’t an option. But within the state of New Mexico, one can grow them using mushroom spores, which since the 2005 decision has led to many visiting the state to enjoy a “legal trip.”

However, there’s an important caveat to understand about cultivating mushrooms in New Mexico: dried mushrooms are still illegal to possess. Residents are still asking “is it legal to buy mushroom spores” or are mushroom spores legal or are mushroom spores illegal? The state views this as what might be considered an intent to distribute. It is legal to grow certain mushrooms and consume them directly, but not to preserve them.

Advocates of the many benefits of mushrooms and of medicinal mushroom spores view the New Mexico decision as a step in the right direction for those interested in legally growing mushrooms for personal use.

Will Mushrooms Ever Be Legal in the United States?

Some believe that the decriminalization process is the first step to legalization. Is it legal to buy mushroom spores? Only time will tell if this rings true—but many advocates, medical researchers, spiritual leaders, and mycologists are hopeful that this may eventually be the case.

If you’d like to learn more about the potential benefits of cubensis (and there are many), there is plenty of scientific research available online. If you’re searching for a quality mushroom spore store in the Denver, CO region or online we invite you to try our premium mushroom spores. Many researchers believe that cubensis is a powerful potential treatment for depression, anxiety, obsessive-compulsive disorder, addiction, and other mood disorders.

In the meantime, it’s perfectly legal to study mushroom spores to research and examine cubensis mushroom strains, and learn mushroom spore laws and legal details by state. If you’re an amateur or professional microscopist, mycologist, taxonomist, or just find a sense of wonder in exploring the many ways in which beauty and science intersect in our world.