Sacred Mushrooms Legal Status
(This section is given courtesy of Sage)

U.S. FEDERAL LAW:

Psilocybin is DEA schedule 1. This is defined federally as a drug which :

Has a high potential for abuse. Has no currently accepted medical use in treatment in the United States. A lack of accepted safety for use of the drug under medical supervision.

Because spores contain no psilocybin, spores are legal in all states except California. But in some states, it is illegal to cultivate or propagate spores into mycelium since mycelium generally contains psilocybin.


STATE LAWS:

See below


INTERNATIONAL LAWS:

Japan

There are conflicting rumors about the status of psilocybin mushrooms in Japan. We believe that they were scheduled in the summer of 1998 (at about the same time that 2C-B was scheduled) but have been unable to either verify or disprove this. Some people claim they are still fully legal. Another explanation we have heard is that spores are illegal while the mushrooms themselves are not...which would make totally dried mushrooms legal and fresh mushrooms illegal. No matter what the case is, it appears that they are still available in markets and headshops for 2500 - 4500 yen per dose, depending on strength and variety.

United Kingdom

Psilocybin and psilocin are both illegal in Britain. They prosecute for possession of psilocybin mushrooms as preparations of psilocybin...though "accidentally dried" mushrooms have generally been overlooked. No, we're not exactly sure what that means. If you have more info...please let us know.

LEGALITY
Here's a list of the places we know about. Much of this is 'off the net' and may thus be more or less flawed. "Y" means it is legal, "N" means it is illegal, "?" means their status is unclear.

These laws are based on a balance between the UN Convention on Psychotropic Substances, which makes psilocybin and psilocin illegal, and recognition of the fact that the substances occur in nature. For each category:

• Fresh shrooms: The basic idea is that since shrooms grow in nature, it'd be silly to arrest grannies who happen to have a few growing in their backyard, or who pick them by accident. This hasn't stopped most of the US (except Florida) from banning them entirely. Of course, if you are caught with 3000 Str. Cubensis, you'll have a hard time claiming you picked them by "accident".
• Dry shrooms: Usually taken as proof of intent to consume, and thus illegal. In Britain, "naturally dried" shrooms are legal, ie. if you leave them on a windowsill by 'accident' it's OK.
• Shroom spores: Spores contain no psilocybin or psilocin and thus are not covered by regulations - except in California.
• Cultures before shrooms appear: Same as above, usually. Advanced mycelia do contain psilocybin and psilocin. With the rice cake method you can grow until the mycelia are complete and then eat the cakes; this way you can trip without ever being in possession of shrooms.
• Cultures after shrooms appear: Clear intent to consume, and you'll probably get charged with possession with intent to sell as well. However, in some of the more liberal countries such as Finland, you might be able to argue that the mushrooms were grown for decorative (ha!) or research purposes...but don't count on it.

Several states have implemented "paraphernalia laws" which outlaw sale or possession of pretty much anything related to the production or use of illegal psychoactives. The laws generally include such things as bongs, pipes, needles, growing equipment, and theoretically...mushroom spores. In reality, these laws are generally used to hassle and confiscate the products of head shops that market to the drug using community. As far as we know there have been few prosecutions of head shops, and no prosecutions of individuals based on these paraphernalia laws.

Mushroom hunting is another issue. On public property, hunting itself is not illegal, but you're not likely to run into cows in national parks either. Some countries like Finland have the legal concept of "everyman's right" which allows, among other things, picking mushrooms on private property, except on fields which once again makes things tricky. In the United States, it is a crime to trespass on private property which is marked 'No Trespassing'. Unless you live in a notorious shroom zone - some areas of Florida and South Wales come to mind - the odds of getting hassled by farmers, much less getting caught by the police, are reasonably low. But it is certainly possible to run into a irate property owner or police officer carrying a shotgun. In the late 1970's a deputy sheriff shot and killed two mushroom pickers for returning to a field after he told them not to return. He was given an eight year sentence for his crime.

If you are caught mushroom hunting by the police, it's possible to be charged with both trespassing and possession of a controlled substance. In practice, many people are either fined, or simply have their mushrooms confiscated. Unless possession of large quantities, production (growing), or sales are involved, it is likely you will get by with probation and/or a fine. If caught in Florida, you may be able to cite the state laws and have the possession charge reduced or dropped entirely.

Occasionally, when a search warrant is served for other charges (generally production or sale of other scheduled substances) and mushrooms are found, they add possession of mushrooms to the charges. However, it is relatively rare to have possession of personal use quantities of mushrooms alone lead to prosecution, conviction, and jail time.

ADDED 09/11/04 - The following link will take you to the law which makes spore possission illegal
in the state of Ohio - CLICK HERE _