Jody D. Peterman, LLC | Attorney at Law

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Can you legally buy psychedelic mushroom spores online?

On Behalf of | Apr 21, 2024 | Drug Crimes |

Spend any time at all on Facebook or other social media sites, or browse around the Web long enough and you’re bound to see the ads for “grow your own” psychedelic mushrooms – right out in the open. 

If you want to purchase “magic” mushroom spores online, you don’t have to figure out how to get to the Dark Web or any other kind of shady site. There are plenty of online sellers who will be happy to ship the spores – and instructions on how to grow them – right to your home.

That must mean they’re legal, right? Not exactly. Here’s what you need to know before you buy any in Georgia:

There’s a loophole in federal law that’s being exploited

The reason that sellers have gotten bold about advertising and shipping psychedelic mushroom spores all over the country is the fact that the spores alone are not illegal under federal law. The spores must germinate and become actual mushrooms before they contain psilocybin or psilocin. 

It’s psilocybin and psilocin that are actually banned under the Controlled Substances Act. As far as the federal government is concerned, that makes the spores legal to ship through the mail.

IMPORTANT: The law in Georgia is more severe than federal law when it comes to mushroom spores.

Georgia is more restrictive than federal law

Georgia doesn’t particularly care what’s legal to ship under federal law – and reputable sellers won’t ship to this state because even possession of the spores is illegal here. 

If you do happen to get your hands on a few spores and decide to grow them, you’ll be in possession of a Schedule I controlled substance – and just one gram can get you up to three years in prison. 

While it’s true that attitudes toward psychedelic mushrooms are changing (just like they did with marijuana in recent years), Georgia is not known for being progressive in this area.

If you already made a mistake, thinking that the mushrooms must be legal because the spores are sold so openly, it is wise to seek legal guidance from an experienced drug charge defense lawyer as soon as possible.

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