If a purchaser was convicted of producing psilocybin mushrooms, the seller could also face liability. Assisting in a crime: It is also illegal to aid and abet in the commission of a crime.So if someone sold a spore kit that was intended to be used to cultivate psilocybin, that could be considered an attempt conspiracy to violate the CSA whether or not it was actually cultivated. Conspiring to commit a crime: It is illegal to attempt or conspire to violate the CSA.And it’s kind of hard to see how they would not be intended to be used for these purposes. a controlled substance.” Remember the definitions of manufacture and produce from above? Well, this seems to hit the mark - at least to the extent that a spore kit is primarily intended to be used for these purposes. This term is broadly defined to include “any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing. Drug paraphernalia: It is illegal under the CSA to sell drug paraphernalia.Selling a spore kit likewise is an issue for a number of reasons. The CSA defines “manufacture” to include “production,” which in turn is defined to include “cultivation, growing, or harvesting of a controlled substance.” So while a spore kit may not contain psilocybin per se, the use of the spore kit to cultivate psilocybin mushrooms probably violates the CSA. Well, the CSA prohibits the knowing or intentional “manufacture” of a controlled substance. “But spore kits don’t have any psilocybin!” one might say. Let’s first look at federal law. Under the Controlled Substances Act (CSA), psilocybin is a Schedule I narcotic alongside heroin. So the argument goes that because spore kits are psilocybin-free, they must be legal, but there are a lot of problems with this argument. Spore kits allow people to cultivate psilocybin but generally don’t contain the drug. View the US Map of Psilocybin Legality by State And that’s where we get to the question of whether psilocybin kits are legal. In spite of all of this, where there’s a law, there’s always a budding entrepreneur trying to find a loophole. So today, selling psilocybin just isn’t legal. And, of course, there are a few companies who are paving the way with research under FDA auspices, but that doesn’t create a legal market either. And yes, Oregon will eventually have a regulated market but not until at least 2023.

I know, I know, a few cities and the State of Oregon have decriminalized some psychedelics, but decriminalization does not create any kind of legal, regulated market. Psilocybin (the chemical), psilocybin mushrooms, and anything containing psilocybin are illegal at the federal level and in every state in the United States. As psilocybin enters the mainstream, it’s important to recognize federal, state and local laws and possession penalties. In addition micro-dosing psilocybin has become more and more common. The results were that the drug could benefit individuals suffering from post-traumatic stress disorder and depression. In recent years, researchers have completed clinical trials using psilocybin-assisted therapy for treatment. Psilocybin is a Schedule I substance, meaning the federal government deems it to have a high likelihood of abuse and addiction and no approved uses. Ostensibly because of its perceived potential harm, the drug was included in the Controlled Substance Act enacted by the 91st United States Congress and signed into law in 1970. Users of psilocybin can experience negative reactions, ranging from dependence to overdosing. Some compare its effects to that of drugs such as: Psilocybin is a naturally occurring drug found in over 200 species of fungi. The laws around psilocybin can be challenging to keep up with since there is some ambiguity and confusion between federal, state and local laws.Īs psychedelics are growing in popularity across the country for t herapeutic, medicinal, spiritual, and recreational purposes, understanding the laws is crucial for avoiding penalties and staying within your rights. Psilocybin mushrooms, also called magic mushrooms, are psychedelic drugs that can lead to hallucinations and altered thinking. Reach Out to Harris Bricken to Learn More.

Magic mushroom spore