Quick answer: Are mushroom spores legal in Louisiana? Yes. Louisiana lists psilocybin and psilocyn in Schedule I (R.S. 40:964), and that schedule does not mention spores, mycelium or mushrooms. Louisiana also has a separate hallucinogenic plant law (R.S. 40:989.1) that names Psilocybe mushrooms, but every offense in it requires material “intended for human consumption.” Spores sold for microscopy, taxonomy and education are not intended for human consumption.
What is not legal: growing psilocybin mushrooms. Growing them is “production” under the hallucinogenic plant law and “manufacture” of a Schedule I substance under the state’s drug law, and each can carry up to 10 years in prison. Manufacture of 28 grams or more carries up to 20 years.
Looking for mushroom spores in Louisiana?
We ship Psilocybe cubensis spore syringes to Louisiana the same business day. Each syringe is a 10 cc syringe. Orders over $100 ship free, and our spore syringe packs save you up to 40%.
Intended use and disclaimer. We sell Psilocybe cubensis spore syringes for microscopy, taxonomy and educational use only, and we ship to Louisiana. This page is general information, not legal advice; only a lawyer licensed in Louisiana can tell you how the law applies to you.
In this guide
- What Louisiana law says (and doesn’t say)
- Why mushroom spores are legal in Louisiana when the mushrooms are not
- Louisiana’s hallucinogenic plant law
- Penalties for the mushrooms themselves
- The paraphernalia law: R.S. 40:1021 to 40:1025
- New Orleans, Baton Rouge: any local decriminalization?
- Recent bills in Louisiana
- Buying spores in Louisiana
- Frequently asked questions
- Sources
What Louisiana law says (and doesn’t say)
Louisiana’s drug schedules are in R.S. 40:964. Schedule I, section C, covers hallucinogenic substances and reaches “any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances.” The list includes “(66) Psilocybin” and “(67) Psilocyn.”
The schedule does not mention spores, mycelium or mushrooms. The definitions section of Louisiana’s Uniform Controlled Dangerous Substances Law (R.S. 40:961) does not mention them either. The only place Louisiana law names the mushrooms themselves is the hallucinogenic plant law, R.S. 40:989.1, which has its own section below because it is the reason some websites call Louisiana unclear.
Why mushroom spores are legal in Louisiana 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. In a letter dated January 2, 2024, the DEA’s Drug & Chemical Evaluation Section confirmed that mushroom spores that do not contain psilocybin or psilocin are not controlled. The letter also said: “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.
Louisiana defines “manufacture” in R.S. 40:961 as “the production, preparation, propagation, compounding, or processing of a controlled dangerous substance,” and “production” as including “the manufacture, planting, cultivation, growing, or harvesting” of one. Germinating a spore is propagation. The line in Louisiana is the same as the federal line: the spore is legal, and the germinated material is not.
Louisiana’s hallucinogenic plant law
R.S. 40:989.1 was enacted by Act 159 of 2005 and amended in 2015, 2018 and 2023. It is titled “Unlawful production, manufacture, distribution, or possession of hallucinogenic plants; exceptions.” It defines “hallucinogenic plant” as “any part or portion of” a long list of plants and fungi. The list includes four mushroom genera: Psilocybe spp., Panaeolus spp., Conocybe spp. and Stropharia spp. The statute itself never uses the words “spore” or “mushroom.” Some summaries online, including Wikipedia’s, describe this law as a ban on growing, selling or possessing Psilocybe species.
Those summaries leave out the words that define every offense in the statute. Subsection A makes it unlawful to “produce, manufacture, distribute, or possess with intent to produce, manufacture, or distribute a material, compound, mixture, or preparation intended for human consumption which contains a hallucinogenic plant.” Subsection B makes it unlawful to “possess a material, compound, mixture, or preparation intended for human consumption which contains a hallucinogenic plant.” The phrase “intended for human consumption” has been in both subsections since the law was first enacted in 2005.
Spores sold for microscopy, taxonomy and education are not intended for human consumption. Our syringes are sold for study only, and we cancel orders from customers who tell us they plan to cultivate. We found no Louisiana court case, attorney general opinion or reported prosecution that applies R.S. 40:989.1 to spores. The statute’s text supports our reading, but we are not aware of any Louisiana court that has ruled on the question.
The same law is clear about growing. It defines “production” to include “the manufacture, planting, cultivation, growing, or harvesting of a hallucinogenic plant.” Growing psilocybin mushrooms for consumption is production under R.S. 40:989.1, and it is illegal.
- Producing, manufacturing, distributing, or possessing with intent (subsection A): 2 to 10 years in prison, with or without hard labor, and a fine of up to $20,000.
- Possession (subsection B): up to 5 years in prison, with or without hard labor, and a fine of up to $5,000.
- Exceptions: the law does not apply to plants grown “strictly for aesthetic, landscaping, or decorative purposes,” to homeopathic drugs recognized by the FDA, or to products labeled as dietary supplements that comply with federal law.
Penalties for the mushrooms themselves
Psilocybin is a Schedule I substance, so R.S. 40:966 applies. Louisiana sets these penalties by the aggregate weight of the material.
- Possession (R.S. 40:966(C)(1)): under 2 grams, up to 2 years and a fine of up to $5,000. From 2 grams up to 28 grams, 1 to 10 years and a fine of up to $5,000.
- Manufacture, distribution, or possession with intent to distribute (R.S. 40:966(B)(1)): under 28 grams, 1 to 10 years and a fine of up to $50,000. At 28 grams or more, 1 to 20 years at hard labor and a fine of up to $50,000.
- Growing: because “manufacture” includes propagation and “production” includes cultivation, growing psilocybin mushrooms can be charged under R.S. 40:966(B), and it is also “production” under R.S. 40:989.1(A).
The paraphernalia law: R.S. 40:1021 to 40:1025
Louisiana’s paraphernalia law turns on how an item is used or intended to be used.
- The definition (R.S. 40:1021) covers equipment “used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting” a controlled substance. It specifically includes “kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.”
- How courts decide (R.S. 40:1022): a court must consider twelve factors, including “statements by an owner or by anyone in control of the object concerning its use,” instructions provided with the object, advertising, and “the existence and scope of legitimate use for the object in the community.”
- The offenses (R.S. 40:1023) include selling or distributing paraphernalia, displaying it for sale, and using or possessing it with intent to use it to “plant, propagate, cultivate, grow, harvest” a controlled substance.
- Penalties (R.S. 40:1025): a first offense carries a fine of up to $300, up to 15 days in jail, or both. A second offense carries up to $1,000, up to 6 months, or both. A third or later offense carries up to $2,500, up to 2 years, or both.
A spore syringe bought for study is not paraphernalia. The same syringe next to cultivation equipment, with a stated plan to grow mushrooms, can be. This is why we sell spores for microscopy only, do not provide cultivation instructions, and do not sell cultivation kits.
New Orleans, Baton Rouge: any local decriminalization?
No. We found no Louisiana city or parish, including New Orleans, Baton Rouge, Lafayette and Shreveport, that has passed a measure to decriminalize or deprioritize psilocybin. Current lists of local psilocybin measures name cities in states such as California, Michigan, Massachusetts and Washington, and none in Louisiana. A local measure would not change the answer for spores in any case, because spores are already legal statewide.
Recent bills in Louisiana
Louisiana’s recent psychedelic legislation has focused on research and on other hallucinogens. None of it changes the law on spores or makes psilocybin legal.
- SR 186 (2025): a Senate resolution by Sen. Patrick McMath that created a Task Force on Alternative Therapies for Veterans to study whether psychedelic therapies, including psilocybin, may benefit Louisiana veterans.
- HB 176 (2025), now Act 154: this law added R.S. 40:989.5, which bans products “intended for human consumption” that contain muscimol, ibotenic acid, beta-phenyl-GABA or their analogues. It took effect August 1, 2025, with the same penalties as the hallucinogenic plant law. It does not mention psilocybin or spores.
- SB 43 (2026), now Act 956: this law creates a Psychedelic-Assisted Therapy Initiative in the Louisiana Department of Health to support FDA-authorized clinical research on ibogaine, MDMA and psilocybin. It passed both chambers unanimously, became law in June 2026 without the governor’s signature, and took effect August 1, 2026. It does not legalize any substance.
Buying spores in Louisiana
- It is legal to buy and own Psilocybe cubensis spores in Louisiana for microscopy, taxonomy and educational use.
- Ordering online is legal. Federal mail rules bar controlled substances and paraphernalia, and spores are neither. We ship to Louisiana.
- Use spores for study only. Louisiana’s hallucinogenic plant law covers material intended for human consumption, and its paraphernalia law looks at what you say and do with an item. Spores for microscopy are a legal hobby, and anything that points toward cultivation or consumption is where the law starts.
For neighboring states, see our guides to Texas, Arkansas and Mississippi.
Frequently asked questions
Is it legal to buy mushroom spores in Louisiana?
Yes. Louisiana’s Schedule I lists psilocybin and psilocyn and says nothing about spores, which contain neither. The hallucinogenic plant law applies only to material intended for human consumption.
Is it legal to order mushroom spores online in Louisiana?
Yes. There is no Louisiana or federal law against mailing spores. The mail rules cover controlled substances and paraphernalia, and spores are neither.
Are Psilocybe cubensis spores legal in Louisiana?
Yes, for microscopy, taxonomy and education. Psilocybe species are listed in R.S. 40:989.1, but that law only makes it a crime to produce, distribute or possess material “intended for human consumption” that contains them.
Doesn’t Louisiana’s Act 159 ban Psilocybe mushrooms?
Act 159 of 2005 created R.S. 40:989.1, which covers Psilocybe species in material intended for human consumption. It does not mention spores, and we found no court case or attorney general opinion applying it to spores sold for study.
Are psilocybin mushrooms legal in Louisiana?
No. Possessing psilocybin is a crime under R.S. 40:966, with up to 2 years in prison for under 2 grams and up to 10 years for 2 to 28 grams. Growing them is manufacture under R.S. 40:966, which carries up to 10 years, or up to 20 years at 28 grams or more.
Are mushroom grow kits legal in Louisiana?
A kit for culinary species is legal. A kit for growing a plant or fungus from which a controlled substance can be derived is paraphernalia under R.S. 40:1021. We do not sell cultivation kits or supplies.
Do you ship spore syringes to Louisiana?
Yes, to every Louisiana address. The only states we exclude are California, Florida, Georgia and Idaho.
Sources
- R.S. 40:964 — Schedule I (psilocybin and psilocyn at C(66) and C(67)) and R.S. 40:961 — definitions of “manufacture” and “production”
- R.S. 40:989.1 — hallucinogenic plants and the 2006 text of R.S. 40:989.1 (Justia)
- R.S. 40:966 — Schedule I penalties
- R.S. 40:1021 — paraphernalia definition, 40:1022 — determination factors, 40:1023 — prohibited acts, 40:1025 — penalties
- SR 186 (2025), enrolled, Act 154 (HB 176, 2025) résumé digest, Act 956 (SB 43, 2026) résumé digest
- Louisiana Illuminator, May 18, 2026, on SB 43
- Psilocybin decriminalization in the United States (list of local measures)
- DEA letter on the federal status of spores (January 2, 2024, PDF)
Spore syringes shipped to Louisiana
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.
