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Psilocybin shroom mushrooms are not specifically named in the U.S. federal scheduling system, however their two primary active chemicals Psilocybin and Psilocin are both Schedule I in the United States. This makes it illegal to buy, sell, or possess shrooms without a DEA license. Fresh and dried psilocybin mushrooms are considered containers of Psilocybin and Psilocin making them illegal. Because shroom spores contain no psilocybin or psilocin, they are legal to sell and possess in all states except Georgia and Idaho. Federal law prohibits cultivating shroom spores all states.
Psilocybin spore syringes are legal to sell and possess in every state except Georgia, and Idaho. Posession of fully grown magic mushrooms is illegal in every state in the United States except Florida. Florida stands out because of a decision in 1978 in Fiske v Florida by the Florida Supreme Court which ruled that wild-picked magic mushrooms could not be legally considered "containers" of psilocybin and thus would have to be specifically listed in Florida law by the legislature if they meant to make them illegal. Since the Florida legislature has not chosen to change the laws since then, wild Psilocybin mushrooms are presumptively legal to possess in Florida. This does not mean police won't arrest people for possession of even wild mushrooms, but this has been used as a successful defense against such charges.
California: There are laws in California specifically banning the transport and sale of psilocybin mushrooms spores with the intent to grow mushrooms rather than research. We currently can sell and ship to California, but please be aware that the intent for purchase, legally, must be limited to research.
Idaho & Georgia: Idaho and Georgia both have adopted laws that specifically ban the transport and sale of psilocybin mushrooms spores. Therefore, we are unable to ship or sell to Idaho or Georgia.
Denver, CO - Possession of psilocybin mushrooms continues to be illegal but it is in the Police "lowest enforcement priority" effectively decriminalizing possession of psilocybin mushrooms. It is still a felony to grow or sell magic mushrooms in Colorado.
Chicago - Could become the third major U.S. city to decriminalize naturally psychedelic plants and fungi, and the largest city to do so.
On Oct. 16,2019 the Chicago City Council introduced a resolution expressing support for advancing the conversation around organically psychoactive plants, known as “entheogenics.” The resolution calls for research on the potential of the plants as an alternative treatment to pharmaceutical drugs for ailments ranging from headaches to PTSD, and pledges support for adult use of the substances. The most commonly recognizable are psilocybin-containing fungi, commonly referred to as “magic mushrooms.”
Chicago Ald. Brian Hopkins, 2nd Ward, sponsored the resolution, which recommends that law enforcement reduce its focus on pursuing criminal cases involving organic psychedelics to “amongst the lowest priority.”
Oregon - Oregon on 11/3/20 became the first state to legalize the active ingredient in so-called magic mushrooms
DC - In the District of Columbia, voters elected to decriminalize the use of magic mushrooms and other psychedelic substances with the passage of Initiative 81.
Ann Arbor Michigan & Washtenaw, Michigan -The Michigan city’s council just moved to decriminalize the use of magic mushrooms, peyote and other psychedelic plants, declaring law enforcement against those imbibing should be the lowest priority.
City council members insisted that the mind-bending plants’ benefits outweigh any of their potential negatives.