Short answer
In most of the U.S., it's illegal to grow psilocybin mushrooms, because cultivation counts as manufacturing a Schedule I drug. Spores are a different story: they contain no psilocybin, and in 2024 the DEA confirmed they aren't federally controlled, though California, Georgia, and Idaho ban them anyway. The major exception is Colorado, where adults 21 and older may grow psilocybin mushrooms for personal use in a limited space and can't sell them.
Key takeaways
- Spores without psilocybin aren't federally controlled, per a 2024 DEA letter.
- California, Georgia, and Idaho ban spores at the state level.
- Once spores germinate, the DEA considers the material controlled. Growing is illegal in most states.
- Colorado allows adults 21+ to grow for personal use. Oregon's program allows only licensed manufacturers.
Spores: the federal gray zone
Federal law doesn't ban mushrooms by species. It bans psilocybin and psilocin. Spores, the microscopic reproductive cells mushrooms release, don't contain either. In January 2024, the DEA put that in writing: in a letter to an attorney, a DEA official said spores that don't contain psilocybin or psilocin aren't controlled under federal law.1
The same letter included the key caveat: if the material comes to contain psilocybin or psilocin, for example once the spores germinate, the DEA considers it a controlled substance.1 That's why spore sellers typically market their products "for microscopy" and not for growing.
States that ban spores anyway
Three states go further than federal law and prohibit psilocybin mushroom spores themselves: California, Georgia, and Idaho.2 Some states also have drug paraphernalia laws that prosecutors have applied to grow kits depending on how they're marketed, and people have been arrested for selling spore kits despite the federal clarification.1
Growing: illegal almost everywhere
Turning spores into mushrooms counts as manufacturing a Schedule I drug under federal law, and nearly every state treats cultivation as a crime, sometimes a serious one. Penalties for cultivation are often harsher than for simple possession, because growing can be treated as intent to distribute.
Decriminalized cities like Denver, Oakland, or Seattle don't change that picture much. Local decriminalization measures mostly cover personal possession and use, and some include cultivation for personal use, but state and federal law still apply.
The big exception: Colorado
Colorado's Natural Medicine Health Act, approved by voters in 2022, allows adults 21 and older to grow psilocybin mushrooms for personal use, as well as possess and share them, as long as they don't sell them.3 There are limits on where and how much you can grow, and local rules apply. Federal law still prohibits it, which matters if you live in federal housing, work a federally regulated job, or are on federal property.
Oregon: licensed growers only
Oregon's program licenses psilocybin manufacturers to grow and process mushrooms for licensed service centers. Personal cultivation isn't allowed.5
What might change
Proposals modeled on Colorado's law, which would allow personal cultivation, have been floated in other states. An Alaska ballot campaign, for example, proposed allowing adults to grow psilocybin mushrooms in a limited space.4 None of these changes federal law.
Where we stand
We don't publish growing instructions or recommend spore vendors or grow kits. Cultivation is illegal in nearly every state, contaminated grows can make people sick, and the legal stakes are real. If you want legal access to psilocybin, look at licensed programs in our psilocybin therapist finder or clinical trials.
Common questions
Why are spores legal if mushrooms aren't?
Because federal law controls psilocybin and psilocin, not the fungus itself. Spores don't contain either compound. Once spores germinate and the growing material contains psilocybin, the DEA considers it a controlled substance.
Can I grow magic mushrooms in Oregon?
Not personally. Oregon's program licenses manufacturers to grow psilocybin products for licensed service centers. Home cultivation is illegal.
Do you recommend spore vendors or grow kits?
No. Growing psilocybin mushrooms is illegal in nearly every state, and we don't provide cultivation instructions or vendor recommendations. If you live in Colorado and are considering personal cultivation, review the state's rules and local ordinances first.
Sources
- DoubleBlind. DEA confirms magic mushroom spores are federally legal. January 2024. doubleblindmag.com
- Wikipedia. Legal status of psilocybin mushrooms. Accessed October 2026. wikipedia.org
- Colorado Department of Revenue, Natural Medicine Division. Accessing regulated natural medicine. nmd.colorado.gov
- Alaska Beacon. Backers of new Alaska ballot measure seek to permit magic mushrooms and other hallucinogens. July 11, 2025. alaskabeacon.com
- Oregon Health Authority. Oregon Psilocybin Services. oregon.gov
This page is for general information and is not legal advice. Laws change and vary by state and city. Talk to a licensed attorney in your state about your specific situation.