Are Psilocybin Spore Kits Legal?

Psilocybin (the chemical), psilocybin mushrooms, and anything containing psilocybin is illegal at the federal level and in every state in the United States. 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. And yes, Oregon will eventually have a regulated market but not until at least 2023. 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. So today, selling psilocybin just isn’t legal.

In spite of all of this, where there’s a law, there’s always a budding entrepreneur trying to find a loophole . . . but ultimately probably breaking that law. And that’s where we get to psilocybin spore kits.

Spore kits allow people to cultivate psilocybin. Spore kits generally don’t contain psilocybin. So the argument goes that because spore kits are psilocybin-free, they must be legal. There are a lot of problems with this argument.

Let’s first look at federal law. Under the Controlled Substances Act (CSA), psilocybin is a Schedule I narcotic alongside heroin. “But spore kits don’t have any psilocybin!”, one might

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