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Q: A few months ago, I noticed that cubensis mushroom growing kits were available for sale on many international websites. I checked again this weekend, and now it seems most of the bigger places no longer ship to the U.S.



Has there been a change in the laws to cause this? can you get busted for receiving a mushroom grow kit? I know you mentioned they are illegal in California, but there is some question about how receiving a mushroom grow kit in other states would fare.

A: We are unaware of any recent (2003) changes in US law regarding psilocybin mushrooms or mushroom grow kits.

However, in February 2003, one of the largest and most prominent grow-kit retailers in the US, Psilocybe Fanaticus, was raided by federal agents and the their case is currently pending in court. This bust caused many of the retailers who were selling similar kits to reconsider their business choices and many went out of business. Others reorganized or stopped selling psilocybin mushroom spores.



There are still a number of companies selling psilocybin mushroom spores in (or into) the United States, but generally the advertising is more toned down and there are fewer sources.



In jurisdictions where the spores are illegal to possess, the law is clear: unless you have a license to possess or work with the mushrooms, it is illegal to possess or receive psilocybin mushroom spores.



In jurisdictions where the spores are not specifically listed as controlled, the law is less clear. In most states in the US, however, if one possesses spores with the intent to grow psilocybin mushrooms, that possession with intent is likely a crime (violating the laws regarding production of psilocybin). In a few jurisdictions, such as Florida, the law is a little murkier. Once there is proof that there is intent to produce psilocybin for ingestion, however, even Florida courts would find possession of psilocybin mushroom spores illegal without a license.



To try to simplify: In states where psilocybin mushroom spores are not strictly controlled, receiving the spores in the mail is not a crime by itself, but if the state can prove intent to grow and consume the mushrooms, receiving the spores could be a key element in the prosecution of manufacturing psilocybin. Even mycophile growers with no intent to ingest the mushrooms should consider carefully the risk of unwanted scrutiny.



But, to keep the risks in perspective, it is expensive to investigate this type of grey-area crime. In some areas, evidence of having received non-controlled spores will not be enough for law enforcement to be granted a further search warrant. Police and federal agents are far more likely to investigate further for individuals they believe may be growing mushrooms for sale or distribution.



hope that helps,


earth

Asked By : scott
Answered By : earth
Published Date : 9 / 10 / 2003
Last Edited Date : 9 / 10 / 2003
Question ID : 3056

Categories: [ Mushrooms (Psilocybin) ] [ Law ]



Ask Erowid v1.7 - Jul, 2005

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