chemicalshelf.gif (2792 bytes)




CCLE Drug Law Library

Mushrooms
 

Sacred Mushrooms & the Law  (Updated 2002)
A practical tactical legal manual by attorney Richard Glen Boire. This book is the most complete guide available to all the law you must know about psychoactive mushrooms. Foreword by Terence McKenn
a.

 15.95  >>  Learn more


 

 

Feb 2003 DOJ Press Release
Owners of Psylocybe Fanaticus spore company arrested by DEA after extensive 3-year investigation.

Ohio Bill H.B. 80
2003 bill seeking to outlaw spores and mycelium in Ohio.

State statutory provisions related to psilocybin and psilocin.

Mushrooms Spores Q/A
(from The Entheogen Law Reporter)

Is it legal to sell spores from mushrooms which contain psilocybin?

      It’s not explicitly outlawed in any state except California and Georgia. In Georgia it's a misdemeanor to sell, or possess mushroom spores capable of producing psilocybin or psilocin when mature.
        W
ith respect to California, the short answer to your question is “it’s not legal.”  In other words, if a prosecutor was so inclined, he or she could charge a person with a felony  for importing Psilocybe mushroom spores in to California.  Under section 11391 of the California Health and Safety Code, it is a crime to transport, import, sell, furnish, give away,  (or offer to do any these) “any spores or mycelium capable of producing mushrooms or other material which contain” psilocybin or psilocin. 

            However, under the plain terms of the statute, the above actions are only a crime if done “for the purpose of facilitating a violation of Section 11390” (Section 11390  makes it a crime to cultivate psilocybin-producing mushrooms with the intent to produce a controlled substance).  In other words, it appears that it is perfectly legal to import Psilocybe mushrooms spores into California or sell them, so long as the spores are not intended to be used for cultivation.  So, importing Psilocybe spore prints for the purpose of assisting mushroom identification, or for their natural beauty, or for any reason other than to facilitate cultivation appears legal under the statute.

            As mentioned above, however, a person could be arrested just for importing the spores if the prosecutor believes he or she can show that the person intended to use them for cultivation.  In fact, the average prosecutor, upon learning that someone in California was importing Psilocybe spore prints, would probably jump to the conclusion that the person intends to cultivate the mushroom.  By showing that a search of the person’s home turned up petri dishes, agar, and/or books on cultivating Psilocybe mushrooms, a prosecutor might be able to construct an untrue but compelling circumstantial evidence case against a truly innocent mycophile who imported such spores for noncriminal purposes.

            Lastly, under the California statutes, it is theoretically possible for a person whose “research, instruction, or analysis” has been approved by the Research Advisory Panel, to legally import and cultivate psilocybin-producing spores or mycelium.  (Cal. Health & Saf. Code sec. 11392.)


Bemis v. Indiana appellate opinion in Illinois mushroom case.
 

If you find this library helpful, please support the CCLE. Become a member today!