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In short, sometimes.

Magic mushrooms are illegal in the US. Some states will charge you with a felony if convicted, in others it may only be a misdemeanor. Since magic mushrooms grow everywhere in America, police will not arrest you for having some growing in your front yard. So, even if the police are ABLE to identify the mushrooms as "magic," then they still cannot arrest you, unless of course you are growing the mushrooms inside your house or otherwise obviously in cultivation. But if you have shrooms that are dried, then you can get charged with possession of an illegal drug, and large amounts could mean 'intent to sell'.

There have been different case law scenarios where some states have proven them legal and others not so much. In some cases such as in Florida supreme court it was found that magic mushrooms are considered a 'container' of psilocybin unless clearly specified in federal law as such. Since they are not, then possession of magic mushrooms is legal. In other states this same principle has not held up in case laws. Either way mushroom spores are legal to buy from a variety of vendors online. The only exception is with the states of GA, ID, and IL where the states have passed laws restricting their sale.

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12y ago

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