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.
related to psilocybin and psilocin.
Mushrooms Spores Q/A
(from The Entheogen Law Reporter)
it legal to sell spores from mushrooms which contain psilocybin?
Its 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
With respect to
California, the short answer to your question is its 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 persons 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.)
v. Indiana appellate opinion in Illinois mushroom case.