Where Are Mushrooms Legal?

IN WHICH STATES ARE MUSHROOMS LEGAL?

The general goal of legislators in these areas noted above is usually to stop the cultivation of cubensis-containing mushrooms. Lawmakers believe that preventing the manufacture, sale and possession of cubensis mushroom spores will make this goal easier to meet. In the other 47 states, however, the sale and possession of cubensis mushroom spores is legal for general research, microscopy and taxonomy purposes. This means you are free to buy mushroom spores online in these areas.

CUBENSIS IS DECRIMINALIZED IN DENVER, COLORADO

Legislators moved to decriminalize personal use and possession of cubensis in 2019. While cubensis is still illegal in Denver, the change in the law means personal possession of cubensis mushrooms is among the lowest law enforcement priorities in that area. 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.

CUBENSIS IS DECRIMINALIZED IN OAKLAND AND SANTA CRUZ, CALIFORNIA

Just months after the ruling was made in Denver, the city council of Oakland in California voted to decriminalize cubensis and other psychedelics contained within certain plants and fungi, including ayahuasca and peyote. Personal possession of cubensis won’t be prosecuted in Oakland as a criminal charge, but lawmakers note that the sale of cubensis 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 cubensis 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 cubensis to treat drug addiction.

UNDERSTANDING DIFFERENT MUSHROOM DEVELOPMENT STAGES PERTAINING TO CUBENSIS LEGALITY

To fully understand why Psilocybe cubensis spores have no cubensis (meaning they are legal), we must first look at all the different stages of mushroom development.

CAP: The cap is undoubtedly the mushroom’s most recognizable feature. It is the convex bit at the spot that appears as a cap or small hat. Mycologists believe the purpose of the cap is to protect the gills of the mushroom.

GILLS: Located underneath the cap, the gills, are thin, vertical structures which look like protruding ribs or lines. These gills are responsible for the creation of the spores. Beneath the cap and gills is where you will find the stem.

STEM: Not every mushroom type has stems, yet cubensis do. The stem is a spongy branch, serving to elevate and support both the cap and gills.

RING: Some mushrooms will have a ring attached to the stem. This is a covering of organic matter. This is just a remnant of a membrane previously on the gills.

VOLVA: The volva is yet another remnant of a covering that was originally there to protect the mushroom as it matures.

MYCELIUM AND HYPHAE: The mycelium and hyphae are found at the very bottom of the mushroom. Oftentimes, these parts exist below the surface and are much larger than the mushroom.