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ARE MAGIC MUSHROOM SPORES LEGAL IN MY STATE? BY THE MUSHROOM SPORE STORE
Many Researchers are Pleasantly Surprised to Learn That Psilocybe Cubensis, or “Magic” Mushroom Spores, are Legal in Most of the United States!
Psilocybe cubensis, otherwise known as magic mushroom spores, are legal in most of the U.S. However, the legality of psilocybin mushroom spores is more complex than it appears at first glance.
Here are the broad strokes individuals must understand: psilocybin mushroom spores are legal in every state besides California, Georgia and Idaho. Psilocybin, including the psilocybin contained within mycelium or mature Psilocybe cubensis mushrooms, is illegal everywhere in the U.S. While some municipalities have “decriminalized” psilocybin, that term is not synonymous with “legalized.”
LEGALIZATION VS DECRIMINALIZATION
It is crucial to understand the difference between legalization and decriminalization. Unfortunately, many individuals tend to use the terms interchangeably, which typically causes confusion. It can be helpful to remember that sometimes the “language of the law” is far different from casual conversations between friends.
At first, it seems quite obvious that decriminalized must indicate something is no longer illegal, correct? Actually, no, that is not what the term means. Legalization is best understood as making a certain legal action okay to do without fear of consequences from the local governing body.
For our purposes, it’s important to know buying, selling, owning and studying psilocybin mushroom spores is legal in the majority of the U.S. Cultivating the spores into mature mushrooms containing psilocybin is illegal, however. Now, we must understand the meaning of decriminalization.
In the three municipalities that have decriminalized mushrooms in the U.S., psilocybin and psilocin are still legal in those areas. If an individual is caught with these shrooms they will not face as severe of a punishment as in the past. Again, in most parts of the U.S., psilocybin mushroom spores are legal yet psilocybin mushrooms are not.
The following section will help you understand the difference between a mushroom and a spore.
WHAT IS THE DIFFERENCE BETWEEN A SPORE AND THE OTHER STAGES OF MUSHROOM DEVELOPMENT?
Put simply, a spore is the reproductive unit of a fungus, produced by the gills of a mushroom. Spores can often appear as a fine powder. The spores of Psilocybe cubensis do not contain psilocybin, meaning they are legal. Once the spores start to germinate, though, they can form mycelium and then mature mushrooms. These will contain psilocybin, making them illegal.
FACTS GOOD TO KNOW!
For our purposes, it’s important to know buying, selling, owning and studying psilocybin mushroom spores is legal in the majority of the U.S. Cultivating the spores into mature mushrooms containing psilocybin is illegal, however.
In the three municipalities that have decriminalized mushrooms in the U.S., psilocybin and psilocin are still legal in those areas. If an individual is caught with these shrooms they will not face as severe of a punishment as in the past. Again, in most parts of the U.S., psilocybin mushroom spores are legal yet psilocybin mushrooms are not.
IN WHICH STATES ARE MAGIC MUSHROOMS LEGAL?
Magic mushrooms spores are legal everywhere in the U.S. besides California, Georgia and Idaho. The general goal of legislators in these areas is usually to stop the cultivation of psilocybin-containing mushrooms. Lawmakers believe that preventing the manufacture, sale and possession of psilocybin mushroom spores will make this goal easier to meet.
In the other 47 states, however, the sale and possession of psilocybin mushroom spores is legal for general research, microscopy and taxonomy purposes. This means you are free to buy magic mushroom spores online in these areas.
CERTAIN MUNICIPALITIES HAVE DECRIMINALIZED PSILOCYBIN!
Once again, readers should be careful to note the difference between decriminalization and legalization, which we discussed earlier in this article (it’s important, so if you skimmed that bit, scroll back up and read it!). The three municipalities in the Untied States which have decriminalized psilocybin are as follows!
- DENVER, COLORADO
- OAKLAND, CALIFORNIA
- SANTA CRUZ, CALIFORNIA
PSILOCYBIN DECRIMINALIZATION IN DENVER, COLORADO
Legislators moved to decriminalize personal use and possession of psilocybin in 2019. While psilocybin is still illegal in Denver, the change in the law means personal possession of psilocybin mushrooms is among the lowest law enforcement priorities in that area.
Magic mushrooms remain a Schedule I substance in Denver, meaning selling them is still a felony crime. Advocates, however, of the Decriminalize Denver movement are hopeful that the changes cause the rest of the state and country to follow suit.
PSILOCYBIN IS DECRIMINALIZED IN OAKLAND, CALIFORNIA AND SANTA CRUZ, CALIFORNIA
Just months after the ruling was made in Denver, the city council of Oakland in California voted to decriminalize psilocybin and other psychedelics contained within certain plants and fungi, including ayahuasca and peyote. Personal possession of psilocybin won’t be prosecuted in Oakland as a criminal charge, but lawmakers note that the sale of psilocybin will result in legal consequences. The residents of Oakland are prohibited from possessing these substances on any school grounds.
Santa Cruz, California was the third municipality to follow suit in the year 2020. Just like the decision in Oakland, the ruling was made to decriminalize psilocybin and other plant and fungi-based substances, as well. One motivation behind the initiative in Santa Cruz was Project New Day, which promotes safe and responsible use of psilocybin to treat drug addiction.
IT IS LEGAL TO CULTIVATE PSILOCYBIN MUSHROOMS IN NEW MEXICO
In 2005, the New Mexico state Court of Appeals concluded that growing psychoactive mushrooms, such as psilocybin, was not prohibited by the state’s anti-drug manufacturing laws. During that time, one man from Alamogordo was a facing a felony drug trafficking conviction for growing psilocybin mushrooms at his home. After the ruling, the Court of Appeals overturned his charge.
Federally, psilocybin and psilocin remain Schedule I substances. Within the state of New Mexico, however, individuals can grow them using psilocybin mushroom spores. There is one caveat, though, as dried mushrooms are still illegal to possess in New Mexico. In this state, it is legal to grow psilocybin mushrooms and consume them, but not preserve them.
WILL PSILOCYBIN EVER BE LEGAL IN THE UNITED STATES?
Many believe the first step towards legalization is decriminalization. Most psilocybin advocates remain hopeful that this will eventually be the case in the U.S. Researchers truly feel psilocybin is a powerful potential treatment for anxiety, depression, addiction, obsessive-compulsive disorder and other mood disorders.
Until legalization, it’s still perfectly fine to study these psilocybin mushroom spores. This is great news for any amateur or professional mycologists, microscopists and taxonomists.
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