Answer: Nope, it is not legal to grow psychedelic mushrooms because psilocybin and psilocyn, the key psychoactive compounds in these mushrooms, are classified as Schedule I substances under the federal Controlled Substances Act as of June 2024.
However, it is perfectly legal to purchase and own psilocybin mushroom spores because the spores themselves do not contain the controlled substances psilocybin or psilocyn and are therefore not regulated under the Controlled Substances Act. Using injectable spores or swabs to inoculate and cultivate magic mushroom “fruits” or even mycelium however is illegal regardless of the legal status of the spores themselves. This can put you into felony territory. Mushroom grow bags and grow kits and paraphernalia can be bought and sold without any legal consideration.
Psychedelic Mushrooms and the Law
The legality of psychedelic mushrooms is a complex issue, governed by a patchwork of federal and state laws… At the federal level, the Controlled Substances Act (CSA) classifies the key psychoactive compounds in magic mushrooms, psilocybin and psilocyn, as Schedule I substances. This means it’s illegal to manufacture, distribute, or possess these compounds, and by extension, the mushrooms that contain them. Penalties for cultivation can include prison time and hefty fines!
However, the legal status of the spores that give rise to these mushrooms is a bit more nuanced in our opinion. A recent letter from the Drug Enforcement Administration (DEA) has clarified that the spores themselves, as long as they don’t contain psilocybin or psilocyn, are not controlled under the CSA. But before you rush out to buy a spore kit, be aware that state laws can differ, with some explicitly banning the spores.
Federal Legal Status
Under federal law, it’s unambiguously illegal to manufacture, distribute, or possess the psychoactive compounds in magic mushrooms. This prohibition extends to several specific species, including Psilocybe cubensis (commonly called Golden Teacher among aficionados) and Psilocybe semilanceata. If you’re caught cultivating these mushrooms, you could face serious consequences:
- Prison sentences ranging from a few years to decades, depending on the scale of the operation and your criminal history
- Fines that can reach hundreds of thousands of dollars
- A permanent criminal record that can impact your employment, housing, and other aspects of your life
There have been several high-profile federal prosecutions related to psilocybin mushroom cultivation:
- Colorado Case (2021): In Colorado, federal prosecutors charged several individuals with conspiracy to cultivate and distribute magic mushrooms across state lines. This operation was significant as it involved a large-scale distribution network, and the individuals faced serious charges with potential long-term prison sentences.
- California Case (2019): In 2019, a man in California was sentenced to prison for running a large-scale magic mushroom cultivation and distribution network. The operation was substantial, and the prosecution emphasized the seriousness of distributing a Schedule I controlled substance.
- Military Case (2020): An Air Force Academy cadet faced a special court-martial for using psilocybin. Although he received a relatively light sentence due to a plea deal, it highlighted the strict enforcement policies within the military against the use of such substances.
These cases demonstrate the federal government’s commitment to prosecuting large-scale psilocybin mushroom operations, despite varying state-level decriminalization efforts.
State and Local Laws
While magic mushrooms are illegal under federal law, enforcement largely falls to state and local authorities. Some states have taken steps to decriminalize or deprioritize enforcement against mushroom cultivation:
Oregon has decriminalized possession of small amounts of magic mushrooms, making it a civil infraction rather than a criminal offense. California has made possession of magic mushrooms the lowest law enforcement priority. Colorado is considering legislation to legalize psilocybin mushrooms for therapeutic use.
At the city level, several jurisdictions have passed decriminalization measures:
Denver has made arresting people for magic mushroom offenses the lowest law enforcement priority. Oakland has decriminalized possession and cultivation of small amounts of magic mushrooms.
However, it’s important to understand the limits of these measures. They don’t override federal law, and they usually only apply to small amounts for personal use. Commercial cultivation remains prohibited.
Exceptions for Research and Religious Use
There are a couple of narrow exceptions to the federal prohibition on magic mushroom cultivation. The first is for DEA-approved research studies. Scientists can apply for permission to cultivate mushrooms for research purposes, but the process is onerous and the restrictions are tight. [Include an example of a research study involving mushroom cultivation, if available.]
The second exception is for religious use. Under the Religious Freedom Restoration Act, certain groups can seek exemptions to use magic mushrooms as part of their spiritual practices. However, the bar to qualify for this exemption is high, and only a handful of groups have successfully obtained this status. [Include an example of a religious group that has received an exemption, if available.]
As our UTSA law professor noted, “These exceptions are important for advancing scientific understanding and protecting religious liberty, but they’re extremely narrow. For the average person wanting to grow magic mushrooms, they don’t offer much relief.”
Risks and Precautions
If you’re considering growing magic mushrooms, it’s crucial to understand the risks. Even in states and cities that have decriminalized, you could still face legal consequences, especially if you’re cultivating large amounts or selling them. A conviction can lead to jail time, steep fines, and a criminal record that follows you for life, impacting your ability to find employment, secure housing, and access government benefits.
Before you embark on any mushroom-related activities, take the time to thoroughly understand the law in your area. Consult with a knowledgeable attorney who can advise you on the specific risks and how to mitigate them. And remember, just because something is decriminalized doesn’t mean it’s legal or risk-free.
Frequently Asked Questions
- Is it legal to buy spores for microscopy purposes?
Yes. Psilocybin mushroom spores are not controlled under federal law, however some states do prohibit them (such as the liberal golden state of California, believe it or not). But even in states where they’re legal, buying them with the intent to cultivate magic mushrooms is illegal. If you’re purchasing for legitimate microscopy purposes, be sure to check your local laws and only buy from reputable vendors. - What happens if I’m caught growing a small amount for personal use?
The consequences depend on your location and the specifics of your case. In states and cities that have decriminalized, you may face a civil fine or have your mushrooms confiscated. In areas without decriminalization, you could be charged with a felony and face prison time. - Are there any countries where growing psychedelic mushrooms is legal? Very few. In most countries, psilocybin mushrooms are illegal to cultivate, possess, and distribute. There are a couple exceptions:
- In Brazil, mushrooms are legal to possess and consume, but sales and extractions are prohibited.
- In Jamaica, magic mushrooms are legal and unregulated.
- In the Netherlands, magic truffles (sclerotia) are legal and sold openly in smart shops.
However, even in these countries, it’s important to be aware of the specific laws and exercise caution.
- Can I grow mushrooms if I have a medical prescription?
Currently, there are no medical prescriptions available for psilocybin mushrooms in the United States. While there’s promising research into the therapeutic potential of psilocybin, it remains a Schedule I drug and is not approved for medical use. Even with a prescription from another country, cultivating magic mushrooms in the U.S. would be illegal under federal law. - What should I do if I’m charged with a mushroom cultivation offense?
If you find yourself facing charges related to magic mushroom cultivation, the most important thing is to secure a qualified criminal defense attorney immediately. Look for someone with experience in drug cases who understands the complexities of the law in your area. Be honest with your attorney and follow their advice closely. Remember, anything you say to law enforcement can be used against you, so it’s best to remain silent until you have legal representation.
[CONTACT THE ATTORNEY WHO ANSWERED THIS QUESTION]
The post Question: Is It Legal to Grow Psychedelic (Magic) Mushrooms? appeared first on .