What's the law on Shrooms?!?

Question

I'm just wondering for the sake of it really but what is the law on actual Mushroom Spores?!? Is it like Marijuana in the sense that you can own the seeds legally but growing it is Illegal or just totally illegal no question? I've just been wondering this and am not quite sure

Answer 1

While possession of these spores may be legal, growing psilocybin mushrooms is generally considered production of psilocybin or psilocin, an illegal act.

Answer 2

From Erowid.org--
Psilocybin 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 means they are illegal to manufacture, buy, possess, or distribute (sell, trade or give) without a DEA license. Fresh and dried psilocybin mushrooms are considered containers of Psilocybin and Psilocin, making them illegal to possess as well.

Because spores contain no psilocybin or psilocin, they are legal to sell and possess (in all states except California, Georgia, and Idaho). But in most states, it is illegal to cultivate or propogate spores into mycelium since mycelium generally contains both psilocybin and psilocin.

Some states in the U.S. and some countries have ruled that growing psilocybe mushrooms does not qualify as 'manufacturing' a controlled substance (psilocybin).


U.S. STATE LAW #
Psilocybin mushrooms are illegal in every state in the United States except Florida (see below).
Specific state laws can be accessed through this state-by-state list. An Overview of case law for several states can be accessed here.

Psilocybin Mushroom spores are legal to possess in every state except California, Georgia, and Idaho. (see details).

Florida #
Florida stands out because of a decision in 1978 in Fiske v Florida by the Florida Supreme Court which ruled that wild-picked psilocybin 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.
New Mexico #
New Mexico appels court ruled on June 16, 2005, that growing psilocybin mushrooms for personal consumption could not be considered "manufacturing a controlled substance" under state law. Growing hallucinogenic mushrooms not illegal, state appeals court rules - June 16 2005


http://www.erowid.org/plants/mushrooms/mushrooms_law.shtml

Answer 3

Very similar in many respects in that having them is not an offence but cultivating them is.
Picking them wild is not an offence but when dried or cooked up they become a class C drug and an offence.
So to stay legal go picking and nosh them raw, do make sure you pick the right ones though as some will make you very ill!
Fly agaric is never a good one, far too toxic.

Answer 4

same as marijuana seeds you can own the spores but don't start growing the little fellas or your in the @hit if ya caught, so tell no one and you will be allright, have a nice trip

Answer 5

Sadly illegal!! They can't stop you picking them though...plenty still grow in the fields where I live. A wonderful drug! it's a criminal act to make them illegal!! It's like they are saying God made a mistake!

Salvia will be next...best stock pile it before it's banned

Answer 6

I have heard of people buying the spores and growing them under their bed, but dont' know if they are illegal. I think if you can buy them on the internet, then they are probably legal.

Answer 7

im sure i read they are now counted as a class a drug. so yeah illegal. i think.