Magic mushrooms, also known as psilocybin mushrooms or psychedelic mushrooms, are a type of fungi that contain the psychoactive compound psilocybin. The effects of psilocybin include altered thinking, mood, and perception.
Magic mushroom spores are the reproductive cells of magic mushrooms, and they do not contain the psychoactive compound psilocybin. However, some states have chosen to regulate the possession and distribution of magic mushroom spores due to their potential for use in the cultivation of magic mushrooms. In the United States, the legal status of magic mushroom spores varies by state.
State-by-State Legal Status
Alabama
In Alabama, possession of magic mushroom spores for research purposes is not explicitly illegal. However, possession of any amount of magic mushrooms, which can be cultivated from spores, is a Class D felony and can result in not more than 5 years of less than 1 year and 1 day in jail and a fine of up to $7,500.
http://www.bradfordladner.net/alabama-drug-charges-mushrooms/ https://albop.com/storage/2021/04/Title-13A-Chapter-12-Article-5-Drug-Offenses-Divisions-2-thru-Division-5.pdf
Alaska
In the state of Alaska, possession of magic mushroom spores for research purposes is not prohibited by law. However, possession of magic mushrooms, which can be cultivated from spores, is a Class A misdemeanor and can result in up to one year in jail and a fine of up to $10,000.
Arizona
Arizona does not have a specific law prohibiting the possession of magic mushroom spores for research purposes. However, possession of magic mushrooms, which can be cultivated from spores, is a Class 4 felony and can result in up to 3.75 years in prison and a fine of up to $150,000.
https://www.damianakoslaw.com/2021/09/02/penalties-possession-psilocybin-arizona/ https://www.azleg.gov/ars/13/03401.htm
Arkansas
Arkansas does not have a law specifically addressing the possession of magic mushroom spores for research purposes. However, possession of magic mushrooms, which can be cultivated from spores, is a Class A misdemeanor. While penalties vary depending on the amount found and criminal history, they can range from 3 years of incarceration and up to a lifetime in prison. Possession fines can rack up to $15,000.
https://tripsitter.com/legal/usa/arkansas/
https://www.psychedelicpassage.com/psilocybin-and-psychedelic-assisted-therapy-in-arkansas/
California
In California, possession of magic mushroom spores for research purposes is not a crime, thanks to the passage of Proposition 215 in 1996 which legalized the medical use of marijuana. However, it is still illegal to sell or distribute magic mushroom spores or magic mushrooms except by authorised researchers and research institutions.
https://thethirdwave.co/buying-psilocybin-spores/ https://law.justia.com/codes/california/2009/hsc/11390-11392.html
https://thethirdwave.co/buying-psilocybin-spores/
Colorado
Colorado legalized the personal use and possession of magic mushrooms by adults 21 and older through the passage of Initiative 301 in 2020. As a result, possession of magic mushroom spores for research purposes is not a crime in the state.
https://www.sos.state.co.us/pubs/elections/Initiatives/titleBoard/filings/2021-2022/58Final.pdf
Connecticut
Connecticut does not have a law specifically addressing the possession of magic mushroom spores for research purposes. However, possession of any amount of magic mushrooms, which can be cultivated from spores, is a Class A misdemeanor and can result in up to one year in jail and a fine of up to $2,000.
https://psilocybin.net/laws/connecticut/
https://law.justia.com/codes/connecticut/2015/title-21a/chapter-420b/section-21a-279
Delaware
Delaware does not have a law prohibiting the possession of magic mushroom spores for research purposes. However, possession of any amount of magic mushrooms, which can be cultivated from spores, is a Class A misdemeanor and can result in up to one year in jail and a fine of up to $2,300.
https://delcode.delaware.gov/title16/c047/sc02/index.html
Florida
In Florida, possession of magic mushroom spores for research purposes is not explicitly illegal. However, possession of any amount of magic mushrooms, which can be cultivated from spores, is a third-degree felony and can result in up to five years in prison and a fine of up to $5,000.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/0893.html#:~:text=893.03.,harvesting%20of%20a%20controlled%20substance
https://valientelaw.com/practice-areas/criminal-defense/drug-crimes/#:~:text=Florida%20Drug%20Crime%20Penalties&text=In%20short%2C%20convictions%20may%20lead,up%20to%20%2410%2C000%2C%20or%20both
Georgia
Georgia does not have a law specifically addressing the possession of magic mushroom spores for research purposes. However, possession of any amount of magic mushrooms, which can be cultivated from spores, can lead to a felony charge and can result in up to 15 years in jail on a first charge and up to and a fine of up to $5,000.
https://www.valdostainjurylawyer.com/blog/2021/07/psilocybin-possession-laws-can-mean-additional-charges/
https://law.justia.com/codes/georgia/2020/title-16/chapter-13/article-3/section-16-13-71/
https://thickspores.com/psilocybin-law/psilocybin-spore-laws-by-state/
Hawaii
In Hawaii, possession of magic mushroom spores for research purposes is not explicitly illegal. However, possession of any amount of magic mushrooms, which can be cultivated from spores, is a Class C felony and can result in up to five years in prison and a fine of up to $10,000.
https://health.hawaii.gov/medicalcannabisregistry/files/2014/11/HRS-3291.pdf
https://tripsitter.com/legal/usa/hawaii/
Idaho
Idaho does not have a law specifically prohibiting the possession of magic mushroom spores for research purposes. However, possession of any amount of magic mushrooms, which can be cultivated from spores, is a felony and can result in not more than seven (7) years, or fined not more than fifteen thousand dollars ($15,000), or both.
https://legislature.idaho.gov/statutesrules/idstat/title37/t37ch27/sect37-2705/
https://www.youridattorney.com/felony-possession-of-a-controlled-substance#:~:text=Any%20person%20who%20is%20in,thousand%20dollars%20(%2415%2C000)%2C%20or
Illinois
In Illinois, possession of magic mushroom spores for research purposes is not a crime. However, possession of less than 15g of magic mushrooms, which can be cultivated from spores, is a Class 4 felony and can result in up to 3 years in prison and a fine of up to $25,000.
https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K402#:~:text=Except%20as%20otherwise%20authorized%20by,substance%20or%20controlled%20substance%20analog
https://ildefense.com/lawyer/2021/06/25/blog/what-you-need-to-know-about-psychedelic-drug-charges-in-illinois/
Indiana
Indiana does not have a law specifically addressing the possession of magic mushroom spores for research purposes. However, possession of any amount of magic mushrooms, which can be cultivated from spores, is a Class A misdemeanor and can result in up to one year in jail and a fine of up to $5,000.
https://suhrelawindianapolis.com/resources/possession-of-a-controlled-substance-what-it-means-in-indiana/#:~:text=Possession%20of%20Schedule%20I%20and,a%20felony%20under%20certain%20circumstances
https://www.criminaldefenselawyer.com/resources/criminal-defense/drug-charges/possession-controlled-substance-indiana
Iowa
Iowa does not have a law specifically prohibiting the possession of magic mushroom spores for research purposes. However, possession of any amount of magic mushrooms, which can be cultivated from spores, is a serious misdemeanor and can result in up to one year in jail and a fine of up to $1,875.
https://www.legis.iowa.gov/docs/code/124.204.pdf https://www.criminaldefenselawyer.com/resources/criminal-defense/drug-charges/iowa-drug-possession-laws
Kansas
Kansas does not have a law specifically addressing the possession of magic mushroom spores for research purposes. However, possession of any amount of magic mushrooms, which can be cultivated from spores, is a Class A misdemeanor and can result in up to one year in jail and a fine of up to $2,500.
Kentucky
In Kentucky, possession of magic mushroom spores for research purposes is not explicitly illegal. However, possession of any amount of magic mushrooms, which can be cultivated from spores, is a Class A misdemeanor and can result in up to one year in jail and a fine of up to $500.
https://www.criminaldefenselawyer.com/resources/criminal-defense/drug-charges/kentucky-drug-possession-laws#:~:text=Someone%20who%20knowingly%20possesses%20specified%20amounts%20of%20Schedule%20I%20or,year%20in%20jail%2C%20or%20both
https://galencollege.edu/wp-content/uploads/2021/09/Kentucky-Trafficking-Penalties-2021.pdf
Louisiana
Louisiana does not have a law specifically prohibiting the possession of magic mushroom spores for research purposes. However, possession of any amount of magic mushrooms, which can be cultivated from spores, is a felony and can result in imprisonment at hard labor for not less than four years nor more than ten years and may, in addition, be required to pay a fine of not more than five thousand dollars.
https://legis.la.gov/Legis/Law.aspx?d=98877
https://law.justia.com/codes/louisiana/2006/48/98880.html
Maine
In the state of Maine, possession of magic mushroom spores for research purposes is not prohibited by law. However, possession of magic mushrooms, which can be cultivated from spores, is considered a Class D crime and can result in up to one year in jail and a fine of up to $2,000.
https://legislature.maine.gov/statutes/17-A/title17-Asec1107-A.html
Maryland
Maryland does not have a specific law that addresses the possession of magic mushroom spores for research purposes. However, possession of magic mushrooms, which can be cultivated from spores, is considered a misdemeanor and can result in up to four years in prison and a fine of up to $25,000.
https://www.avidlawfirm.com/blog/drug-charges/need-know-illegal-hallucinogen-charges-maryland
Massachusetts
In Massachusetts, possession of magic mushroom spores for research purposes is not a crime. However, possession of magic mushrooms, which can be cultivated from spores, is considered a Class D crime and can result in up to two years in jail and a fine of up to $2,000.
https://mwpetersonlaw.com/what-are-the-penalties-for-drug-possession-in-massachusetts/ https://law.justia.com/codes/maryland/2013/article-gcr/section-5-402
Michigan
Michigan does not have a law specifically prohibiting the possession of magic mushroom spores for research purposes. However, possession of magic mushrooms, which can be cultivated from spores, is considered a misdemeanor and can result in up to one year in jail and a fine of up to $2,000.
Minnesota
Minnesota does not have a law specifically addressing the possession of magic mushroom spores for research purposes. However, possession of magic mushrooms, which can be cultivated from spores, is considered a gross misdemeanor and can result in imprisonment for not more than 15 years or a fine of not more than $100,000.
https://www.revisor.mn.gov/statutes/cite/152.024
Mississippi
In Mississippi, possession of magic mushroom spores for research purposes is not explicitly illegal. However, possession of magic mushrooms, which can be cultivated from spores, is considered a misdemeanor and can result in less than 1 year in jail and a fine of up to $1,000.
Missouri
Missouri does not have a law specifically prohibiting the possession of magic mushroom spores for research purposes. However, possession of magic mushrooms, which can be cultivated from spores, is considered a Class A misdemeanor and can result in up to one year in jail and a fine of up to $2,000.
https://revisor.mo.gov/main/OneSection.aspx?section=195.017 https://revisor.mo.gov/main/OneSection.aspx?section=579.015&bid=33827&hl=
Montana
In Montana, possession of magic mushroom spores for research purposes is not explicitly illegal. However, possession of magic mushrooms, which can be cultivated from spores, is considered a misdemeanor and can result in up to5 years in jail and a fine of up to $5,000.
https://leg.mt.gov/bills/2014/mca/45/9/45-9-102.htm https://leg.mt.gov/bills/mca/title_0450/chapter_0090/part_0010/section_0020/0450-0090-0010-0020.html
Nebraska
In Nebraska, possession of magic mushroom spores for research purposes is not explicitly illegal. However, possession of magic mushrooms, which can be cultivated from spores, is considered a Class IV felony and can result in up to two years in prison and a fine of up to $10,000.
https://nebraskalegislature.gov/laws/statutes.php?statute=28-416
Nevada
Nevada does not have a law specifically addressing the possession of magic mushroom spores for research purposes. However, possession of magic mushrooms, which can be cultivated from spores, is considered a Category E felony and can result in up to four years in prison and a fine of up to $5,000.
https://www.leg.state.nv.us/nrs/NRS-193.html#NRS193Sec130 – NRS 193.130 (Catergories and Punishment of felonies) Section 2; Letter D
New Hampshire
In New Hampshire, possession of magic mushroom spores for research purposes is not explicitly illegal. However, possession of magic mushrooms, which can be cultivated from spores, is considered a Class A misdemeanor and can result in up to seven years in jail and a fine of up to $25,00
https://www.deadiversion.usdoj.gov/schedules/orangebook/c_cs_alpha.pdf
https://www.criminaldefenselawyer.com/resources/criminal-defense/drug-charges/new-hampshire-drug-possession-laws#:~:text=Schedule%20I%2C%20II%2C%20III%2C,years%20in%20prison%2C%20or%20both.
New Jersey
In New Jersey, possession of magic mushroom spores for research purposes is not a crime. However, possession of magic mushrooms, which can be cultivated from spores, is considered a disorderly persons offense and can result in up to six months in jail and a fine of up to $1,000.
https://www.lustberglaw.com/blog/is-possession-of-mushrooms-a-felony-in-new-jersey/ https://legiscan.com/NJ/text/A5084/id/2217574 – STATEMENT; pursuant to paragraph (1) of subsection a. Of N.J.S.2C:35-10
New Mexico
In New Mexico, while possession of magic mushroom spores for research is not explicitly prohibited, possession of magic mushrooms, which can be grown from spores, is considered a fourth-degree felony. This offense carries a potential penalty of up to 18 months in prison and a fine of up to $5,000.
New York
In New York, while possession of magic mushroom spores for research is not explicitly illegal, possession of magic mushrooms, which can be grown from these spores, is considered a Class A misdemeanor. This offense carries a potential penalty of up to one year in jail and a fine of up to $1,000.
https://www.tsiglerlaw.com/new-york-penal-code-section-220-03-criminal-possession-controlled-substance-seventh-degree/ – PENAL CODE SECTION 220.03
North Carolina
In North Carolina, possession of magic mushroom spores for research purposes is not explicitly illegal. However, possession of magic mushrooms, which can be grown from these spores, is considered a Class I felony. This offense carries a potential penalty of up to 3-12 months in jail and a fine.
North Dakota
North Dakota does not have a law specifically addressing the possession of magic mushroom spores for research purposes. However, possession of magic mushrooms, which can be cultivated from spores, is considered a Class B misdemeanor and can result in up to 30 days in jail and a fine of up to $1,500.
https://www.ndlegis.gov/cencode/t19c02-1.pdf#nameddest=19-02p1-04 https://www.ndlegis.gov/cencode/t12-1c32.pdf
Ohio
In Ohio, possession of magic mushroom spores for research purposes is not explicitly illegal. However, possession of magic mushrooms, which can be cultivated from spores, is considered a fifth-degree felony and can result in up to 12 months in prison and a fine of up to $2,500.
https://nstarfinance.com/mushroom-possession-laws-ohio/
Oklahoma
Oklahoma does not have a law specifically prohibiting the possession of magic mushroom spores for research purposes. However, possession of magic mushrooms, which can be cultivated from spores, is considered a misdemeanor and can result in up to one year in jail and a fine of up to $1,000.
https://www.oklahoma-criminal-defense.com/crimes/drug-possession-personal-use
Oregon
In Oregon, possession of magic mushroom spores for research purposes is not a crime. However, possession of magic mushrooms, which can be cultivated from spores, is considered a Class B misdemeanor and can result in up to six months in jail and a fine of up to $2,500.
Pennsylvania
In Pennsylvania, possession of magic mushroom spores for research purposes is not explicitly prohibited by law. However, possession of magic mushrooms, which can be cultivated from spores, is considered a misdemeanor and can result in up to one year in jail and a fine of up to $5,000.
https://tripsitter.com/legal/usa/pennsylvania/
https://www.pittsburghcriminalattorney.com/drug-crimes/schedule-i-ii-drugs/
Rhode Island
Rhode Island does not have a specific law that addresses the possession of magic mushroom spores for research purposes. However, possession of magic mushrooms, which can be cultivated from spores, is considered a misdemeanor and can result in up to not morethan three years in jail and a fine of not less than $500 to $5,000.
http://webserver.rilin.state.ri.us/Statutes/TITLE21/21-28/21-28-4.01.HTM
South Carolina
In South Carolina, possession of magic mushroom spores for research purposes is not a crime. However, possession of magic mushrooms, which can be cultivated from spores, is considered a misdemeanor and can result in up to three years in jail and a fine of up to $5,000.
South Dakota
South Dakota does not have a law specifically prohibiting the possession of magic mushroom spores for research purposes. However, possession of magic mushrooms, which can be cultivated from spores, is considered a Class 1 misdemeanor and can result in up to five years in jail and a fine of up to $10,000.
https://sdlegislature.gov/Statutes/Codified_Laws/2047734 https://www.lawinfo.com/resources/criminal-defense/south-dakota/
Tennessee
In Tennessee, possession of magic mushroom spores for research purposes is not explicitly illegal. However, possession of magic mushrooms, which can be cultivated from spores, is considered a Class A misdemeanor and can result in up to one year in jail and a fine of up to $2,500.
https://law.justia.com/codes/tennessee/2021/title-39/chapter-17/part-4/section-39-17-406/ https://www.criminaldefenselawyer.com/resources/criminal-defense/drug-charges/tennessee-drug-possession-laws
Texas
Texas does not have a law specifically addressing the possession of magic mushroom spores for research purposes. However, possession of magic mushrooms, which can be cultivated from spores, is considered a Class A misdemeanor and can result in 180 days up to 2 years in jail and a fine not lessthan $2,000.
https://www.kevinbennettlaw.com/drug-charges/possession-of-mushrooms/#:~:text=It’s%20illegal%20in%20Texas%20to,psychedelic%20effects%20in%20the%20user
https://www.nealdavislaw.com/criminal-defense-guides/drug-penalty-groups-texas.html#:~:text=Penalty%20Group%202A&text=According%20to%20the%20statute%20that,1%20gram%20of%20the%20substance
Utah
In Utah, possession of magic mushroom spores for research purposes is not explicitly illegal. However, possession of magic mushrooms, which can be cultivated from spores, is considered a third degreenfelony and can result in up to ten years in jail and a fine of up to $5,000.
https://law.justia.com/codes/utah/2020/title-58/chapter-37/section-4/ https://www.criminaldefenselawyer.com/resources/criminal-defense/drug-charges/utah-drug-possession-laws#:~:text=It%20is%20a%20third%20degree,years%20in%20prison%2C%20or%20both.
Vermont
In Vermont, possession of magic mushroom spores for research purposes is not a crime. However, possession of magic mushrooms, which can be cultivated from spores, is considered a misdemeanor and can result in imprisonment for not more than 1 year and a fine not more than $2,000.
https://legislature.vermont.gov/statutes/section/18/084/04235
Virginia
In the state of Virginia, possession of magic mushroom spores for research purposes is not illegal. However, possession of magic mushrooms, which can be cultivated from spores, is considered a Class 5 felony and can result in up to ten years in jail and a fine of up to $2,500.
https://law.lis.virginia.gov/vacode/18.2-248/
Washington
In Washington, possession of magic mushroom spores for research purposes is not explicitly prohibited by law. However, possession of magic mushrooms, which can be cultivated from spores, is considered a Class C felony and can result in up to five years in prison and a fine of up to $10,000.
West Virginia
West Virginia does not have a specific law addressing the possession of magic mushroom spores for research purposes. However, possession of magic mushrooms, which can be cultivated from spores, is considered a misdemeanor and can result in up to six months in jail and a fine of up to $1,000.
http://www.wvlegislature.gov/wvcode/chapterentire.cfm?chap=60A&art=2§ion=204
Wisconsin
In Wisconsin, possession of magic mushroom spores for research purposes is not a crime. However, possession of magic mushrooms, which can be cultivated from spores, is considered a Class I felony and can result in up to three and a half years in prison and a fine of up to $10,000.
https://law.justia.com/codes/wisconsin/2020/chapter-961/section-961-14/ https://docs.legis.wisconsin.gov/document/statutes/961.41(3g)(e)#:~:text=(am)%20Schedule%20I%20and%20II,of%20a%20Class%20I%20felony
https://milwaukee-criminal-lawyer.com/class-i-felony-penalties/#:~:text=A%20Class%20I%20felony%20is,sec.
Wyoming
In Wyoming, possession of magic mushroom spores for research purposes is not explicitly illegal. However, possession of magic mushrooms, which can be cultivated from spores, is considered a misdemeanor and can result in up to six months in jail and a fine of up to $750.
https://www.criminaldefenselawyer.com/resources/criminal-defense/drug-charges/wyoming-drug-possession-laws#:~:text=Specified%20amounts%20of%20Schedule%20I,years%20in%20prison%2C%20or%20both
https://law.justia.com/codes/wyoming/2011/title35/chapter7/section35-7-1014/
It is important to note that the possession, cultivation, and distribution of magic mushrooms is illegal under federal law in the United States. The Controlled Substances Act classifies magic mushrooms as a Schedule I controlled substance, meaning they have a high potential for abuse and no accepted medical use.
It is also worth mentioning that the legality of magic mushroom spores and magic mushrooms can vary significantly from state to state. It is crucial to be aware of the specific laws in your state. If you are considering possession of magic mushroom spores for research purposes, it is strongly advised to consult with a lawyer or legal professional to understand the potential risks and consequences.
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