Are Mushroom Spores Legal in Maine? 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 Maine. This page is general information, not legal advice; only a lawyer licensed in Maine can tell you how the law applies to you.

In this guide

• What Maine law says (and doesn’t say)
• Why spores are legal when the mushrooms are not
• Penalties for psilocybin mushrooms in Maine
• The paraphernalia law: 17-A M.R.S. §1111-A
• Portland’s 2023 resolution and other local measures
• Psilocybin bills in Maine, 2022 to 2026
• Buying spores in Maine
• Frequently asked questions
• Sources

What Maine law says (and doesn’t say)

Maine does not use the federal Schedule I to V system. Its criminal code sorts drugs into four schedules, W, X, Y and Z, in Title 17-A, section 1102. Schedule X, paragraph C, covers “any of the following hallucinogenic drugs, or their salts, isomers, and salts of isomers,” and the list includes “(6) Psilocybin” and “(7) Psilocyn.”

That is where the mushroom compounds live in Maine law. Section 1102 does not mention spores, mycelium or mushrooms. The definitions in section 1101, the trafficking offense in section 1103, the possession offense in section 1107-A and the paraphernalia law in section 1111-A do not mention them either. Maine has never written spores into its drug law.

Why spores are legal when the mushrooms are not

Schedule X lists two chemicals, psilocybin and psilocyn. A spore contains neither of them, so a spore is not a Schedule X drug. 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 substances. The same letter warned 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.

Maine’s definition of “traffick” in section 1101 includes “to make, create, manufacture” and “to grow or cultivate, except for marijuana.” Growing is therefore treated as trafficking, not as possession. The line in Maine is the same as the federal line: the spore is legal, and the germinated material is not.

Penalties for psilocybin mushrooms in Maine

Because psilocybin and psilocyn are Schedule X drugs, the Schedule X penalties apply to the mushrooms.

• Possession (17-A M.R.S. §1107-A(1)(D)): unlawful possession of a Schedule X drug is a Class D crime. Under section 1604, a Class D crime carries a jail term of less than one year.
• Trafficking (17-A M.R.S. §1103(1-A)(B)): unlawful trafficking in a Schedule X drug is a Class C crime, punishable by up to five years in prison and a fine of up to $5,000 (sections 1604 and 1704).
• Growing: because “traffick” includes “to grow or cultivate,” growing psilocybin mushrooms falls under the trafficking statute and its Class C penalty.

The paraphernalia law: 17-A M.R.S. §1111-A

Section 1111-A is the Maine provision that matters most to a spore buyer, because it depends on how an item is used or meant to be used.

• The definition covers equipment and materials “used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing” a scheduled drug. It names “kits used or intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a scheduled drug.”
• Using or possessing paraphernalia with intent to use it is a civil violation with a $300 fine, none of which may be suspended.
• Trafficking in or furnishing paraphernalia, knowing it will be used with a scheduled drug, is a Class E crime (up to six months in jail), or a Class D crime if the person receiving it is under 16.
• How courts decide: the statute lists factors, including “statements by an owner or by anyone in control of the object concerning its use” and “the existence and scope of legitimate uses for the object in the community.” There is no exemption for research or microscopy, so the question is intent and context.

A spore syringe bought for study is not paraphernalia. The same syringe kept 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 cancel orders from customers who tell us they intend to cultivate.

Portland’s 2023 resolution and other local measures

Portland is the only Maine city we found that has acted on psilocybin. On October 2, 2023, the Portland City Council voted 6 to 3 to pass Resolution 2-23/24, “Resolution in Support of the Deprioritization of Criminal Prosecution and Penalties for Personal Use of Psychedelic Plants and Fungi.” It covers plants and fungi containing psilocybin, psilocyn, ibogaine, mescaline and DMT, and it excludes peyote. The resolution says enforcement against personal use should be “amongst the lowest law enforcement priority for the City of Portland.”

The resolution is a statement of city policy. It does not change state law, and psilocybin remains a Schedule X drug in Portland, as it is everywhere else in Maine. It would not matter for spores in any case, because spores are already legal statewide. We found no other Maine city or town that has passed a similar measure.

Psilocybin bills in Maine, 2022 to 2026

Maine lawmakers have debated psilocybin in every session since 2021, and none of the bills has become law.

• LD 1582 (2021–22): “An Act To Enact the Maine Psilocybin Services Act,” sponsored by Sen. Donna Bailey. The Senate passed it in April 2022, but the House did not, and the bill died between the two chambers on April 19, 2022.
• LD 1914 (2023–24): introduced as “An Act to Enact the Maine Psilocybin Health Access Act,” which would have created a licensed psilocybin services program. Lawmakers narrowed it to a resolve creating a commission to study a psilocybin services program. The narrowed version never received final passage, and it died when the 131st Legislature ended in December 2024.
• LD 1034 (2025): “An Act to Decriminalize Personal Possession of Therapeutic Amounts of Psilocybin for Adults,” sponsored by Rep. Grayson Lookner. It would have decriminalized possession of one ounce or less of psilocybin for people 21 and older. In early June 2025 the House approved it 70 to 69 and the Senate approved it 17 to 16. On the final enactment votes a week later, it failed 72 to 74 in the House and 16 to 16 in the Senate. The Legislature’s record lists its final status as “Enactment Failed, Jun 10, 2025.”

As of September 2026, Maine law has not changed: psilocybin and psilocyn are still Schedule X drugs, and possession is still a Class D crime. None of these bills dealt with spores, which remain legal.

Buying spores in Maine

• It is legal to buy and own Psilocybe cubensis spores in Maine 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 Maine.
• Use spores for study only. Maine treats growing psilocybin mushrooms as trafficking, and its paraphernalia law turns on intended use. Spores for microscopy are a legal hobby, and anything that points toward cultivation is where the law starts.

For neighboring states, see our guides to New Hampshire and Massachusetts.

Frequently asked questions

Is it legal to buy mushroom spores in Maine?

Yes. Maine’s Schedule X lists psilocybin and psilocyn and says nothing about spores, which contain neither.

Is it legal to order mushroom spores online in Maine?

Yes. No Maine or federal law bars mailing spores. The mail rules cover controlled substances and paraphernalia, and spores are neither.

Are Psilocybe cubensis spores legal in Maine?

Yes. The species does not change the answer, because no Psilocybe spore contains a Schedule X drug.

Are psilocybin mushrooms legal in Maine?

No. Possessing psilocybin is a Class D crime in Maine. Growing or selling psilocybin mushrooms is trafficking in a Schedule X drug, a Class C crime with up to five years in prison.

Did Maine decriminalize psilocybin in 2025?

No. LD 1034 passed both chambers by one vote in early June 2025, but it failed the final enactment votes in both chambers, the last on June 10, 2025. State law did not change.

Are mushroom grow kits legal in Maine?

A kit for culinary species is legal. A kit used or intended for use in growing a plant that is a scheduled drug is paraphernalia under 17-A M.R.S. §1111-A, and it is also paraphernalia under federal law. We do not sell cultivation kits or supplies.

Are mushroom spores legal in Maine?

Yes. Spores contain no psilocybin or psilocyn, and no Maine statute mentions them. The answer is the same in every Maine city and town, including Portland.

Do you ship spore syringes to Maine?

Yes, to every Maine address. The only states we exclude are California, Florida, Georgia and Idaho.

Sources

• 17-A M.R.S. §1102 — Schedules W, X, Y and Z (psilocybin and psilocyn in Schedule X)
• 17-A M.R.S. §1101 — definitions, including “traffick”
• 17-A M.R.S. §1103 — unlawful trafficking, §1107-A — unlawful possession, §1111-A — drug paraphernalia
• 17-A M.R.S. §1604 — terms of imprisonment and §1704 — fines
• Maine Legislature: LD 1034 (132nd Legislature) status and Portland Press Herald fact brief, June 25, 2025
• Maine Legislature: LD 1914 (131st Legislature) status and LD 1582 (130th Legislature) status
• City of Portland Resolution 2-23/24 (PDF) and Maine Public, October 4, 2023
• DEA letter on the federal status of spores (January 2, 2024, PDF)