Quick answer: Mostly no. California does not list spores as a controlled substance, but two laws make them risky to sell. Health & Safety Code § 11390 makes it a crime to cultivate spores or mycelium with intent to produce psilocybin, and § 11391 makes it a crime to sell, transport, import or furnish spores or mycelium for the purpose of facilitating that cultivation. Both carry up to a year in county jail or a state-prison term.
Because no seller can prove what a buyer intends, reputable vendors, including us, do not ship Psilocybe spores to California. A narrow research exception (§ 11392) exists for projects approved by the state’s Research Advisory Panel.
Intended use and disclaimer. We sell Psilocybe cubensis spore syringes for microscopy, taxonomy and educational use only, and we do not ship them to California. This page is general information, not legal advice; only a lawyer licensed in California can tell you how the law applies to you.
In this guide
- The three sections of California law that mention spores
- Why “intent” is the whole story
- The research exception
- Penalties
- Oakland, Santa Cruz, San Francisco: what city decriminalization does and doesn’t do
- Recent bills (2023–2026)
- What it means if you live in California
- Frequently asked questions
- Sources
The three sections of California law that mention spores
California’s spore law is older than most people realize. Section 11390 was added in 1985; § 11391 was last amended in 2015 (Assembly Bill 730, effective January 1, 2016). Here is what each one says.
§ 11390 — cultivation with intent
“Except as otherwise authorized by law, every person who, with intent to produce a controlled substance specified in paragraph (18) or (19) of subdivision (d) of Section 11054, cultivates any spores or mycelium capable of producing mushrooms or other material which contains such a controlled substance shall be punished by imprisonment in the county jail for a period of not more than one year or in the state prison.”
Paragraphs (18) and (19) of § 11054(d) are psilocybin and psilocyn, California’s Schedule I hallucinogens.
§ 11391 — selling, transporting, importing or furnishing
“Except as otherwise authorized by law, every person who transports, imports into this state, sells, furnishes, gives away, or offers to transport, import into this state, sell, furnish, or give away any spores or mycelium capable of producing mushrooms or other material which contain a controlled substance specified in paragraph (18) or (19) of subdivision (d) of Section 11054 for the purpose of facilitating a violation of Section 11390 shall be punished by imprisonment in the county jail for a period of not more than one year or in the state prison.”
Subdivision (b) adds that “transport” means transport for sale.
§ 11392 — the research exception
“Spores or mycelium capable of producing mushrooms or other material which contains a controlled substance specified in paragraph (18) or (19) of subdivision (d) of Section 11054 may be lawfully obtained and used for bona fide research, instruction, or analysis, if not in violation of federal law, and if the research, instruction, or analysis is approved by the Research Advisory Panel established pursuant to Sections 11480 and 11481.”
Why “intent” is the whole story
Neither law says that owning spores is illegal. Section 11390 punishes cultivating spores with intent to produce psilocybin. Section 11391 punishes supplying spores for the purpose of facilitating that cultivation. A person looking at spores under a microscope, with no intent to cultivate anything, is not what either section describes.
So why does every careful vendor refuse California? Because § 11391 is written against the supplier, and a supplier cannot see inside a buyer’s head. If a buyer in California germinates the spores, the vendor who shipped them “for the purpose of facilitating” that act is the person the statute names, and “imports into this state” describes exactly what a mail-order shipment is. No amount of “for microscopy only” labeling can prove what a particular customer intended. Rather than argue about intent in a California courtroom, vendors stay out.
That is the practical difference between California and the outright ban states. Georgia and Idaho make the spores themselves contraband. California makes the purpose criminal, and then places the risk on the seller.
The research exception
Section 11392 allows spores to be obtained for “bona fide research, instruction, or analysis,” but only if the project is approved by California’s Research Advisory Panel, a body attached to the Attorney General’s office that reviews research involving controlled substances. In practice that route is for universities and institutions with a protocol to submit, not for an individual microscopist. A 2025 law (Assembly Bill 1103, signed October 10, 2025) was intended to speed up the Panel’s reviews, which had become a bottleneck for psychedelic research generally.
Penalties
Both § 11390 and § 11391 are punishable “by imprisonment in the county jail for a period of not more than one year or in the state prison.” In California terms that is a “wobbler”: the offense can be charged as a misdemeanor or a felony depending on the circumstances and the prosecutor’s choice. Possessing the mushrooms themselves is a separate offense under § 11377, and cultivating them is manufacturing under § 11379.6.
Oakland, Santa Cruz, San Francisco: what city decriminalization does and doesn’t do
Six California cities have told their police to make psilocybin enforcement a low priority: Oakland (June 2019), Santa Cruz (January 2020), Arcata (October 2021), San Francisco (September 2022, by resolution), Berkeley (July 2023) and Eureka (October 2023). Oakland’s and Santa Cruz’s measures extend to personal cultivation; Santa Cruz’s expressly excludes commercial sale.
None of these measures changes state law. A city council cannot amend the Health & Safety Code, and city police priorities do not bind county sheriffs, the California Highway Patrol, state prosecutors or federal agents. For spores specifically, the city measures change nothing at all: § 11391 still applies to anyone shipping spores into Oakland, and a vendor gets no protection from a resolution passed by a city it is not in. Our state-by-state guide explains why this is true in every decriminalized city in the country.
Recent bills (2023–2026)
- SB 58 (2023) would have decriminalized possession and personal cultivation of psilocybin mushrooms for adults. It passed both houses and was vetoed by Governor Newsom on October 7, 2023.
- SB 751 (2025), a psilocybin pilot-program bill, died in the Legislature.
- AB 1103 (signed October 10, 2025) streamlines Research Advisory Panel reviews — the body that approves § 11392 research.
None of these bills proposed repealing or amending §§ 11390–11392. As of September 2026, California’s spore law reads the way it has since 2016.
What it means if you live in California
- Vendors will not ship Psilocybe spores to you. This is the one point on which nearly the whole industry agrees. A vendor that does ship into California is taking on § 11391 risk and passing some of it to you.
- The research route exists but is institutional. If you are affiliated with a university or laboratory, § 11392 and the Research Advisory Panel are the lawful path.
- City decriminalization does not help with spores. City measures do not change state law, as explained above.
- Gourmet species are unaffected. All three sections are limited to spores or mycelium capable of producing mushrooms that contain psilocybin or psilocyn.
For neighboring states, see our guides to Oregon and Nevada.
Frequently asked questions
Is it illegal to possess mushroom spores in California?
The statutes do not use the word “possess.” Section 11390 punishes cultivating spores with intent to produce psilocybin; § 11391 punishes supplying them to facilitate that. Possession for microscopy is not described by either section, but the sale-and-import language is why vendors will not ship to you.
Why won’t vendors ship spores to California if possession isn’t named?
Because § 11391 names the seller and importer, and it turns on a purpose the seller cannot verify. Shipping into California means betting that a stranger’s intent will never be questioned.
Is California a “ban” state or a “restricted” state?
We call it restricted. Georgia and Idaho ban the material itself. California criminalizes a purpose (cultivation) and the supply chain that serves it, and leaves a research exception open.
What is the penalty for violating § 11390 or § 11391?
Up to one year in county jail, or a state-prison sentence; either can be charged as a misdemeanor or a felony.
Does Oakland’s or Santa Cruz’s decriminalization make spores legal there?
No, and the section on city decriminalization above explains why.
Did SB 58 change anything?
No. It was vetoed in October 2023 and never took effect. It also did not address spores.
Can a California university obtain spores?
Yes, under § 11392, for bona fide research, instruction or analysis approved by the Research Advisory Panel and consistent with federal law.
Are gourmet mushroom spores legal in California?
Yes. The statutes only reach spores or mycelium capable of producing mushrooms that contain psilocybin or psilocyn.
Sources
- California Health & Safety Code § 11390
- California Health & Safety Code § 11391
- California Health & Safety Code § 11392
- Official text at leginfo.legislature.ca.gov
- City-level measures in Oakland, Santa Cruz, Arcata, San Francisco, Berkeley and Eureka, and the SB 58 veto
- Reason Foundation roundup, June 2025 (SB 751) · December 2025 (AB 1103)
- DEA letter on the federal status of spores (January 2, 2024, PDF)
Not in California?
We ship to the 46 states where spores are legal. Our Psilocybe cubensis spore syringes are 10 cc syringes filled in our ISO-7 cleanroom. Orders placed by 1 p.m. Eastern on a weekday ship the same day. You get free shipping on orders over $100, up to 40% off with our 3-, 5- and 10-packs, and a 30-day warranty. They are sold for microscopy and taxonomy use only.
