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Mushroom spore laws by state: California, Idaho and Florida

Psilocybin mushroom spores under federal law, and the California, Idaho and Florida statutes that restrict selling or holding them.

Quick answer

Federal schedules
Psilocybin and psilocin are Schedule I; spores are not listed by name
California
Selling or giving away spores to help someone grow psilocybin mushrooms is a crime (HSC 11391)
Idaho
Spores capable of producing psilocybin mushrooms are Schedule I (Idaho Code 37-2705)
Florida
Selling or transporting such spores is a first degree misdemeanor (Fla. Stat. 500.75)

Federal law

Psilocybin and psilocin are Schedule I controlled substances under 21 U.S.C. 812 and 21 CFR 1308.11. The federal schedules name those two compounds; they do not list mushroom spores by name.

That leaves the question to the states, and three we could read on official sites have written spores into their own law.

California

California Health and Safety Code section 11390 makes it a crime to cultivate spores or mycelium with intent to produce mushrooms that contain psilocybin or psilocin. Section 11391 makes it a crime to sell, transport or give away spores or mycelium "for the purpose of facilitating a violation of Section 11390." Either can mean up to a year in jail. Section 11392 exempts approved research.

Idaho

Idaho Code 37-2705, its Schedule I list, includes "spores or mycelium capable of producing mushrooms that contain psilocybin or psilocin." In Idaho the spores themselves are a Schedule I substance.

Ripples in pale sand

Florida

Florida Statutes section 500.75 makes it unlawful to transport, import, sell, furnish or give away spores or mycelium capable of producing mushrooms that will contain a controlled substance, including psilocybin or psilocin, during their life cycle. A violation is a first degree misdemeanor. Unlike California's law, its text does not turn on intent.

Georgia and other states

The seller whose spores we list, SporesMD, does not ship to California, Georgia, Idaho or Florida. We could not read Georgia's spore provision on an official state site, so this page does not summarize it. We found no explicit spore statute in other states as of November 5, 2026; check your own state's law.

Psilocybin covers the federal status of psilocybin and the Oregon and Colorado programs. Amanita muscaria covers a different mushroom with different law.

Common questions

Are mushroom spores legal under federal law?

Federal law lists psilocybin and psilocin in Schedule I, 21 U.S.C. 812 and 21 CFR 1308.11. The federal schedules do not list spores by name. States can and do go further.

Which states restrict psilocybin mushroom spores?

Of the statutes we could read on official sites as of November 5, 2026: California bars growing spores with intent to produce psilocybin and selling them to help someone do that; Idaho lists spores capable of producing psilocybin mushrooms in Schedule I; and Florida bars selling, transporting or giving away such spores.

Sources

  1. 21 U.S.C. 812, schedules of controlled substances, GovInfo, U.S. Government Publishing Office
  2. 21 CFR 1308.11, Schedule I, eCFR, National Archives
  3. California Health and Safety Code, sections 11390 to 11392, California Legislative Information
  4. Idaho Code 37-2705, Schedule I, Idaho Legislature
  5. Florida Statutes, section 500.75, Florida Legislature

Each source was last read on November 5, 2026. Laws and rules change; check the source for the current text.

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