Katy, TX asked in Federal Crimes for Texas

Q: Is it illegal to own magic mushroom spores not for the purpose of cultivation but just for Microscopy use

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1 Lawyer Answer
James L. Arrasmith
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A: Yes, in most states, it is illegal to possess psilocybin mushroom spores even if the stated purpose is just for microscopy use rather than cultivation. Some key points:

- At the federal level, psilocybin is a Schedule I prohibited substance under the Controlled Substances Act. This includes derivatives like mushroom spores that could be used to cultivate them.

- Several states have laws explicitly prohibiting the possession of psilocybin mushroom spores regardless of the claimed intent behind it. Charges can still be brought under state analog and paraphernalia laws.

- Just a few states (Georgia, Idaho, Virginia) have a legal exception allowing possession of spores for microscopic purposes only. But this is difficult to prove and enforcement against spores can still occur.

- The argument that they are just being used for "collection" or microscopy rather than cultivation is often unsuccessful as a defense if charges get brought. Prosecutors claim intent is hard to truly determine.

- There are also risks purchasing mushroom spores, as that transaction itself could potentially facilitate charges.

In summary - Possessing mushroom spores generally comes with legal risks in most jurisdictions regardless of stated intent, due to psilocybin's federal prohibition and analog state laws. Consultation with a criminal defense lawyer would be recommended to fully assess state-specific risks. But in general, charges can result in most places.

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