Are Spores From Magic Mushrooms Legal?

Mushroom spore kits are legal in the United States as they do not contain psilocybin or psilocin, which are illegal to possess, obtain, or produce without an exemption or license. In some regions, magic mushroom spores are legal because they do not contain psilocybin. However, cultivating them into mushrooms containing psilocybin is often illegal.

In January 2024, the Drug Enforcement Administration (DEA) confirmed that psilocybin spores are federally legal in the United States as long as they do not contain the Schedule I controlled substances psilocybin or psilocin. The production, sale, and possession of magic mushrooms are illegal in Canada. Psilocybin is a hallucinogenic substance obtained from certain types of mushrooms found in Mexico, Central America, and parts of Central Africa. As of 2024, some psychedelics have been given a legal or decriminalized foothold in parts of Central Africa (Equatorial Guinea, Cameroon, and others).

NIH-supported research highlights the need to better understand psilocybin in context of growing psychedelic use. Psilocybin mushrooms have tremendous potential to heal and enlighten, but like other psychedelics, they are classified as schedule III under the Controlled Drugs Act. Naturally occurring psychedelics such as magic mushrooms (psilocybin and psilocin), the San Pedro and peyote cactus (mescaline), and ayahuasca (DMT) have been legalized or decriminalized in parts of Central Africa.