Is It Legal to Buy Mushroom Spores Online?

Yes, you can buy magic mushroom spores online in all but 4 U.S. states. Learn more in PNW Spore’s overview of spore legality, updated for 2026

The long-standing debate on the legality of psilocybin spores was resolved at the beginning of 2024 when Terrence Boos, Chief of the Drug & Chemical Evaluation Section at the U.S. Drug Enforcement Administration (DEA), asserted that the acquisition, sale, and distribution of magic mushroom spores is permissible under federal law.

In response to a New York attorney seeking clarification on the DEA’s position on magic mushroom spores, Boos stated “If the mushroom spores do not contain psilocybin or psilocin (or any other controlled substance or listed chemical), the material is considered not controlled under the Controlled Substances Act (CSA). However, if at any time the material contains a controlled substance such as psilocybin or psilocin (for example, upon germination), the material would be considered a controlled substance under the CSA”.

Contents

• • Spore Legality: Background

• • In Which U.S. States Are Cubensis Spores Illegal?

• • Where Are Magic Mushrooms Legal?

• • When Is Buying Mushroom Spores Illegal?

• • What’s Next for Legality?

To help you better understand the DEA’s official statement above, here’s some background info.

Psilocybin Spore Legality: Background

50+ years ago, the Controlled Substances Act of 1970 banned psilocybin and psilocin in the U.S. This legislation classified the two psychoactive ingredients present in magic mushrooms, which, in higher dosages, can cause hallucinations, as Schedule 1 controlled substances, placing them in the same category as heroin and other dangerous narcotics. 

Studies have revealed that magic mushroom spores – small cells similar to a plant’s seed responsible for the reproduction of mushrooms – don’t contain detectable psilocybin until they germinate and develop mycelium.

So, the presence of psilocybin and psilocin only becomes an issue when spores commence the magic mushroom growing process. In light of this fact, it is legal to purchase magic mushroom spores online in most U.S. states for the purposes of studying them. 

Additionally, some U.S. jurisdictions have already decriminalized or legalized psilocybin itself for medical use.

While most researchers purchase spores for general microscopy and taxonomic study, some gravitate toward specific strains for their distinctive characteristics – researchers frequently explore Golden Teacher for its classic, well-documented morphology, or Tidal Wave for its unusual wavy-cap structure.

States Where It’s Illegal to Buy Cubensis Spores

Although federal law does not classify magic mushroom spores as a controlled substance, laws in a handful of states – Georgia, Florida, Idaho, and California – expressly prohibit the sale and possession of the spores due to their potential to grow psychoactive mushrooms, regardless of their psilocybin content.

For example, it is forbidden to transport, sell, or give away spores or mycelium that can produce mushrooms that contain a banned substance under the California Health and Safety Code.

Each of the four restrictions is written into its own state code: California (Health & Safety Code §11391), Georgia (Code §16-13-71), Idaho (Code §37-2705), and Florida (House Bill 651, signed into law in 2025) – meaning this is four separate state-level fights rather than one shared statute.

California law (Health & Safety Code §11392) does carve out an exception for spores used in “bona fide research, instruction, or analysis” – but this isn’t something an individual customer can claim after the fact. The exception requires a specific research project to be formally reviewed and pre-approved by California’s Research Advisory Panel before any spores are obtained, and in practice this process is used by institutional researchers – universities and licensed labs with defined study protocols – not personal buyers. For everyday microscopy hobbyists and researchers, California’s restriction functions as a full ban, which is why PNW Spore doesn’t ship there.

Because of their regulations prohibiting the importation and sale of psilocybin-producing mushroom spores, most online sellers of mushroom spores – including PNW Spore – don’t ship to Georgia, California, Florida, or Idaho. In these few U.S. states, depending on the quantity and purported use, selling or possessing Psilocybe Cubensis mushroom spores can result in fines – or even jail time. 

Using California once more as an example, charges for selling, transporting, or distributing magic mushrooms carry the harshest punishment, including up to 13 years in state jail.

Where Are Magic Mushrooms Legal?

While buying magic mushroom spores online may be legal in your state, as soon as they germinate into mycelium, law enforcement may legally charge you with manufacturing or possession of a controlled substance.

The same goes for buying and possession of fresh and dried psilocybin mushrooms.

In 2019, Oakland, California, decriminalized a variety of psychedelics, including magic mushrooms – becoming the first city in the United States to do so.

In 2020, Oregon became the first US state to decriminalize psilocybin and legalize it for therapeutic use after Oregon Measure 109 was approved on the ballot. However, sales of psilocybin without being licensed may still attract fines or imprisonment.

Additionally, psilocybin mushrooms may now be used, shared, and owned by anybody who is at least 21 years old in Colorado. 

Colorado has decriminalized – though not fully legalized – personal cultivation of psilocybin mushrooms for adults 21 and older, within a space no larger than 12 feet by 12 feet that is locked and inaccessible to anyone under 21. Psilocybin and psilocin remain Schedule I controlled substances under federal law, so this protection applies only at the state and local level.

Other locations where magic mushrooms are decriminalized include: 

• • Ann Arbor and Detroit in Michigan

• • Santa Cruz, California

• • Easthampton, Somerville, Northampton and Cambridge in Massachusetts

• • Seattle, Washington

• • Washington D.C.

However, decriminalization is not the same as legalization. Decriminalization only refers to something ceasing to be considered a crime or minimizing penalties. It’s therefore important to research your local laws before buying magic mushroom spores online, cultivating them, or buying fresh or dried magic mushrooms.

When Is Buying Mushroom Spores Illegal?

It really matters why you’re purchasing magic mushroom spores online.

For instance, if you obtain the spores to cultivate hallucinogenic mushrooms at home, you may be breaking the law because psilocybin is prohibited by the federal government.

While most states allow buying spores for research, educational, and collecting purposes, federal (and many state) laws allow prosecutors to charge you with a misdemeanor or felony if you’re found growing psilocybin mushrooms using spores you buy. The charges you face will depend mostly on the quantity of magic mushrooms involved.

To avoid legal risks or uncertainty, make sure your spore purchase is truly for legitimate uses, such as taxonomy, microscopy, or collection. Maintaining any paperwork or evidence of research use is also important as this can be used as legal defense should your spore acquisition be called into question.

What’s Next for Magic Mushroom Legality?

Currently, researchers are very interested in the active components of magic mushrooms and their potential health benefits. At PNW Spore, we believe that rules governing the online sale of psilocybin mushrooms will loosen as more study findings demonstrate the transformative power of psilocybin in improving mental health therapy.

Over the past several years, we’ve seen U.S. jurisdictions (list above) decriminalizing the limited use of psychedelic mushrooms or approving them for medicinal use under specific circumstances.

It’s still illegal to carry around and consume magic mushrooms in areas where they have been decriminalized, but if you’re caught in possession of them, police will not focus on making an arrest or bringing charges against you.

Please note that PNW Spore’s mushroom spores are sold exclusively for research and microscopy purposes. Any discussion of home cultivation legality in this article is provided for general legal education only – PNW Spore does not sell products intended for cultivation, and psilocybin remains a Schedule I controlled substance under federal law regardless of state-level decriminalization.