A top Drug Enforcement Administration (DEA) has affirmed that spores that produce so-called magic mushrooms are not, on their own, federally prohibited.
DEA’s Drug & Chemical Evaluation Section Chief Terrence Boos was asked about the legal status of the spores in a letter from attorney Michael McGuire in November, and he sent a response on Tuesday that clarified the agency’s position.
“If the mushroom spores (or any other material) do not contain psilocybin or psilocin (or any other controlled substance or listed chemical), the material is considered not controlled” under the Controlled Substances Act (CSA), Boos wrote.
“However, if at any time the material contains a controlled substance such as psilocybin or psilocin (for example, upon germination), the material would be considered a controlled substance under the CSA,” he said, as Kight On Cannabis first reported.
This isn’t especially revelatory, as its long been understood that the CSA doesn’t explicitly ban spores that can be used to produce so-called “magic mushrooms.” Rather, it lists the key psychoactive ingredients in psychedelic mushrooms, psilocybin and psilocyn, as Schedule I controlled substances.
Because the spores themselves don’t contain those specific compounds, they are uncontrolled under the CSA.
However, it should be noted that while the spores are technically considered federally legal—as long as someone doesn’t use them to produce mushrooms that contain psilocybin or psilocin—states such as California, Georgia and Idaho do prohibit the spores themselves.
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