Are Mushroom Spores Legal in Indiana? Yes — Here’s the Statute (2026)

By The Spore Source · Last checked against the statute: September 26, 2026

Intended use and disclaimer. We sell Psilocybe cubensis spore syringes for microscopy, taxonomy and educational use only, and we ship to every Indiana address. This page is general information, not legal advice; only a lawyer licensed in Indiana can tell you how the law applies to you.

In this guide

• What Indiana law says (and doesn’t say)
• Why spores are legal when the mushrooms are not
• The Indiana case on mushrooms: Bemis v. State
• Penalties for the mushrooms themselves
• The paraphernalia law: IC 35-48-4-8.3 and 8.5
• Indianapolis, Bloomington: any local decriminalization?
• Indiana’s psilocybin research fund and recent bills
• Buying spores in Indiana
• Frequently asked questions
• Sources

What Indiana law says (and doesn’t say)

Indiana’s drug law is Article 48 of Title 35 of the Indiana Code. Section 35-48-2-4 is Schedule I, and subsection (d), the hallucinogens, lists “Psilocybin” and “Psilocyn.” The subsection controls “any material, compound, mixture, or preparation which contains any quantity of” the listed substances.

That is where the mushroom compounds live in Indiana law. Section 35-48-2-4 does not mention spores. The offense chapter, IC 35-48-4, does not mention spores, mycelium or mushrooms in its possession, dealing or paraphernalia sections. The legislature added new substances to Schedule I in 2025 (House Enrolled Act 1056), and it did not add spores.

One detail trips up many websites. They cite IC 35-48-1-18 for the definition of “manufacture,” but that whole chapter was repealed in 2025 (P.L.186-2025). Indiana’s drug definitions are now in a new chapter, IC 35-48-1.1, and “manufacture” is section 28.

Why spores are legal when the mushrooms are not

A spore contains no psilocybin and no psilocyn. Schedule I reaches material that “contains any quantity” of a listed substance, and a spore contains none, so it is not a Schedule I material. The federal government reached the same conclusion. On January 2, 2024, the DEA’s Drug & Chemical Evaluation Section confirmed in writing that mushroom spores that do not contain psilocybin or psilocin are not controlled substances. The same letter added that “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.” Our state-by-state guide covers the federal letter in detail.

Indiana’s definition of “manufacture” in IC 35-48-1.1-28 is “the production, preparation, propagation, compounding, conversion, or processing of a controlled substance…” Germinating a spore is propagation. The line in Indiana is the same as the federal line: the spore is legal, and the germinated material is not.

The Indiana case on mushrooms: Bemis v. State

No Indiana court has ruled on spores by themselves. The leading Indiana decision on the mushrooms is Bemis v. State, 652 N.E.2d 89, decided by the Indiana Court of Appeals on June 22, 1995. The defendant was convicted of dealing in and possessing a Schedule I controlled substance in a case about psilocybin mushrooms. He argued that the statute was unconstitutionally vague because it names the chemicals and never mentions mushrooms.

The court disagreed. It held that the word “material” covers mushrooms that contain psilocybin or psilocyn in their natural state, and that “a person of ordinary intelligence would be amply apprised that possession of or dealing in mushrooms containing Psilocyn is illegal.” The reasoning cuts both ways. The statute turns on whether a material contains the drug. A mushroom does, and a spore does not.

Penalties for the mushrooms themselves

Psilocybin is a Schedule I substance other than marijuana, so Indiana’s general controlled-substance offenses apply.

• Possession (IC 35-48-4-7): “possession of a controlled substance,” a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $5,000. It becomes a Level 6 felony when an enhancing circumstance applies.
• Dealing, which includes manufacture (IC 35-48-4-2): knowingly manufacturing, delivering, or possessing with intent to manufacture or deliver a Schedule I substance is “dealing in a schedule I, II, or III controlled substance.” The base offense is a Level 6 felony, punishable by six months to two and a half years and a fine of up to $10,000. It rises to a Level 5 felony at 1 gram, Level 4 at 5 grams, Level 3 at 10 grams and Level 2 at 28 grams, with lower thresholds when an enhancing circumstance applies.

Because “manufacture” includes propagation, growing psilocybin mushrooms falls under the dealing statute, not the possession statute.

The paraphernalia law: IC 35-48-4-8.3 and 8.5

Indiana splits paraphernalia into separate offenses for possessing it and for dealing in it.

• Possession (IC 35-48-4-8.3) covers an object the person intends to use for introducing a controlled substance into the body, testing its strength or purity, or enhancing its effect. It is a Class C misdemeanor, punishable by up to 60 days and a $500 fine, and a Class A misdemeanor for a repeat offense.
• Dealing (IC 35-48-4-8.5) covers keeping for sale, offering for sale or delivering an item “intended to be or that is designed or marketed to be used primarily for” several purposes, including “manufacturing, compounding, converting, producing, processing, or preparing” a controlled substance. It also covers “any purpose announced or described by the seller that is in violation of this chapter.” The base offense is a Class A infraction. Doing it knowingly or intentionally is a Class A misdemeanor, and a repeat offense is a Level 6 felony.

The dealing statute turns on what an item is intended, designed or marketed for, and on what the seller says about it. A spore syringe sold for study is not paraphernalia. Growing mushrooms is charged as dealing under IC 35-48-4-2 regardless of the paraphernalia sections. This is why we sell spores for microscopy only, do not provide cultivation instructions, and cancel orders from customers who tell us they intend to cultivate.

Indianapolis, Bloomington: any local decriminalization?

No Indiana city or county has passed a psilocybin decriminalization or “lowest enforcement priority” measure. It would not matter for spores if one had, because spores are already legal statewide. Several cities in neighboring Michigan, including Ann Arbor and Detroit, have passed such measures, as our Michigan guide explains.

Indiana’s psilocybin research fund and recent bills

Indiana has not decriminalized psilocybin, but it has been paying for clinical research on it since 2024.

• 2024: the research fund. House Enrolled Act 1259 (Public Law 152-2024), signed by Governor Eric Holcomb on March 13, 2024, created the therapeutic psilocybin research fund in IC 12-21-9. The Division of Mental Health and Addiction administers the fund and gives grants to Indiana research institutions to study the use of psilocybin to treat mental health and other medical conditions. Funded studies must include veterans and first responders in the study sample, and the first condition on the list is post-traumatic stress disorder, “with a focus on treating the disorder in combat veterans and first responders.”
• 2025: money and ibogaine. The state budget, House Enrolled Act 1001 (Public Law 213-2025), signed May 6, 2025, added ibogaine research to the fund and appropriated $300,000 for each year of the 2025–2027 budget.
• 2026: a treatment bill that stalled. Senate Bill 173, a health care bill that included “neuroplastogen treatment,” including psilocybin, for qualifying patients with life-threatening conditions, was introduced in January 2026. It stalled in committee and did not become law.

The research fund pays for studies at Indiana institutions. It does not make psilocybin legal for anyone else, and it has nothing to do with spores, which were already legal.

Buying spores in Indiana

• It is legal to buy and own Psilocybe cubensis spores in Indiana for microscopy, taxonomy and educational use.
• Ordering online is legal. Federal mail rules bar controlled substances and paraphernalia, and spores are neither. Our Illinois, Michigan and Ohio guides cover the law in Indiana’s neighboring states.
• Use spores for study only. Indiana treats propagation as manufacture, and its paraphernalia-dealing law looks at what an item is intended for. Spores for microscopy are a legal hobby, and anything that points toward cultivation is where the law starts.

For a neighboring state, see our guide to Kentucky.

Frequently asked questions

Are mushroom spores legal in Indiana?

Yes. Indiana’s Schedule I lists psilocybin and psilocyn and says nothing about spores, which contain neither substance.

Is it legal to buy mushroom spores in Indiana?

Yes. You can legally buy and own spores in Indiana for microscopy, taxonomy and educational use.

Is it legal to order mushroom spores online in Indiana?

Yes. There is no Indiana or federal law against mailing spores. The mail rules cover controlled substances and paraphernalia, and spores are neither.

Are Psilocybe cubensis spores legal in Indiana?

Yes. The species does not change the analysis, because no Psilocybe spore contains a Schedule I substance.

Are psilocybin mushrooms legal in Indiana?

No. Possessing them is a Class A misdemeanor, or a Level 6 felony when an enhancing circumstance applies. Growing them counts as manufacturing, which is dealing in a Schedule I controlled substance, a felony.

Did Indiana legalize psilocybin for research?

Indiana funds clinical psilocybin research at Indiana institutions through the therapeutic psilocybin research fund. The fund does not make psilocybin legal for the public.

Are mushroom grow kits legal in Indiana?

A kit for culinary species is legal. Selling an item intended or marketed for producing a controlled substance is dealing in paraphernalia under IC 35-48-4-8.5. We do not sell cultivation kits or supplies.

Do you ship spore syringes to Indiana?

Yes, we ship to every Indiana address. We ship to 46 states, and the only states we exclude are California, Florida, Georgia and Idaho.

Sources

• IC 35-48-2-4 — Schedule I (psilocybin and psilocyn in subsection (d)) and House Bill 1056 (2025), amending Schedule I (PDF)
• IC 35-48-1.1-28 — definition of “manufacture”
• IC 35-48-4-7 — possession, 35-48-4-2 — dealing, 35-48-4-8.3 — possession of paraphernalia, 35-48-4-8.5 — dealing in paraphernalia
• IC 35-50-3-2 — Class A misdemeanor, 35-50-3-4 — Class C misdemeanor, 35-50-2-7 — Level 6 felony
• Bemis v. State, 652 N.E.2d 89 (Ind. Ct. App. 1995)
• House Enrolled Act 1259 (2024), Indiana General Assembly and IC 12-21-9 — therapeutic psilocybin research
• House Enrolled Act 1001 (2025 state budget), enrolled text (PDF) and 2025 Digest of Enactments (PDF)
• Senate Bill 173 (2026), Indiana General Assembly
• Axios Indianapolis, August 14, 2026, on the state’s psilocybin research funding
• DEA letter on the federal status of spores (January 2, 2024, PDF)