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

In this guide

• What Maryland law says (and doesn’t say)
• Why spores are legal when the mushrooms are not
• Penalties for the mushrooms themselves
• The paraphernalia law: Criminal Law § 5-619
• Baltimore, Takoma Park, Montgomery County: any local decriminalization?
• The psychedelics task force and recent bills
• Buying spores in Maryland
• Frequently asked questions
• Sources

What Maryland law says (and doesn’t say)

Many pages about Maryland still quote a list of drugs in Criminal Law § 5-402, with psilocybin and psilocyn at items 29 and 30 of subsection (d). That list is gone. Chapter 286 of the 2022 Acts (Senate Bill 614), effective June 1, 2022, repealed the lists in Maryland’s schedules. Section 5-402 now says Schedule I consists of controlled dangerous substance analogues, substances the Maryland Department of Health adds, and each substance “designated as a Schedule I controlled dangerous substance by the federal government unless the Department objects.”

The federal Schedule I, at 21 C.F.R. § 1308.11(d), lists “Psilocybin” and “Psilocyn” among the hallucinogens, and the Department has not objected to either one. That is where the mushroom compounds live in Maryland law. Neither the federal list nor Title 5 of the Criminal Law Article, which holds Maryland’s definitions, possession, distribution, manufacturing and paraphernalia sections, mentions spores, mycelium or mushrooms.

Why spores are legal when the mushrooms are not

A spore contains no psilocybin and no psilocyn. Schedule I reaches material that contains a listed substance; 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. The letter also warns 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.” Because Maryland’s Schedule I follows the federal one, that letter carries extra weight here. Our state-by-state guide covers the federal letter in detail.

Maryland’s definitions in section 5-101 draw the same line. “Manufacture” means to “produce, prepare, propagate, compound, convert, or process a controlled dangerous substance,” and “produce” includes “to manufacture, plant, cultivate, grow, and harvest.” Germinating a spore is propagation. The line in Maryland is the same as the federal line: the spore is legal, and the germinated material is not.

Penalties for the mushrooms themselves

• Possession (Criminal Law § 5-601): a misdemeanor. A first conviction carries up to 1 year in jail, a fine of up to $5,000, or both. A second or third conviction carries up to 18 months, and a fourth or later conviction up to 2 years, with the same $5,000 maximum fine.
• Manufacture (§ 5-603) and distribution or possession with intent to distribute (§ 5-602): a felony under § 5-607, punishable by up to 5 years in prison, a fine of up to $15,000, or both. Section 5-603 also covers equipment “adapted to produce” a controlled dangerous substance when the circumstances show an intent to use it that way. Because “manufacture” includes propagation, growing mushrooms from spores is charged here.

The paraphernalia law: Criminal Law § 5-619

Maryland’s paraphernalia law turns on intended use, which is what matters to a spore buyer.

• The definition in section 5-101 covers equipment “used, intended for use, or designed for use” in “planting, propagating, cultivating, growing, harvesting” a controlled dangerous substance. It includes kits for planting, propagating, cultivating, growing or harvesting any species of plant that is a controlled dangerous substance or from which one can be derived.
• Using or possessing paraphernalia with intent to use it to grow a controlled dangerous substance is a misdemeanor under § 5-619(c). The penalty is a fine of up to $500 for a first violation, and up to 1 year in jail, a fine of up to $1,000, or both for a later violation. Selling or delivering paraphernalia, knowing or when one reasonably should know it will be used that way, carries the same penalties under § 5-619(d). These amounts come from Chapter 180 of 2025 (House Bill 260), which took effect October 1, 2025 and lowered the penalty for later violations from 2 years and $2,000.
• How courts decide: section 5-619 lists factors, including “any statement by an owner or a person in control of the object concerning its use,” “any instructions, oral or written, provided with the object concerning its use,” and “national and local advertising concerning use of the object.”

A spore syringe bought for study is not paraphernalia. The same syringe offered with cultivation instructions, or bought with a stated plan to grow, 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.

Baltimore, Takoma Park, Montgomery County: any local decriminalization?

No. We found no Maryland city or county that has passed a psilocybin or “entheogenic plants” deprioritization measure. It would not matter for spores if one had, because spores are already legal statewide. Maryland’s psychedelics reform effort has run through the General Assembly and a state task force instead.

The psychedelics task force and recent bills

Maryland is further along than most states in studying psilocybin, but it has not changed the criminal law for mushrooms.

• Veterans therapies fund (2022). Chapter 731 of 2022 (Senate Bill 709) created the Post-Traumatic Stress Disorder and Traumatic Brain Injury Alternative Therapies Fund to study and improve access to therapies for veterans, including MDMA, psilocybin and ketamine. It became law without the governor’s signature and took effect July 1, 2022.
• The task force law (2024). House Bill 548 and Senate Bill 1009, Chapters 792 and 793 of 2024, were approved on May 16, 2024 and took effect July 1, 2024. They created the Task Force on Responsible Use of Natural Psychedelic Substances to study “naturally derived psilocybin, psilocin, dimethyltryptamine, mescaline,” and similar substances, not including peyote, and to recommend policies for “broad, equitable, and affordable access.” The Maryland Cannabis Administration staffs it.
• The task force’s recommendations (2025). The task force filed an interim report in 2025 and its main report that fall. Made public in November 2025, it recommended a phased approach: build a regulatory framework first, move to supervised and clinical access next, and consider regulated sales to adults only in a final phase.
• The paraphernalia penalty change (2025). House Bill 260, Chapter 180 of 2025, lowered the penalties for repeat paraphernalia violations, as described above.
• The task force extension (2026). House Bill 427 and Senate Bill 336, Chapters 207 and 208 of 2026, were approved on April 28, 2026 and took effect July 1, 2026. They extend the task force through December 31, 2027, add a member from a historically Black college or university, and require an updated report by October 31, 2026.
• Ibogaine research grants (2026). House Bill 1477 and Senate Bill 527 would have created an ibogaine clinical research grant program for veterans. The House bill received a committee hearing in March 2026 and did not pass.

Any change to the status of psilocybin mushrooms would need a new bill in a future session. None of this affects spores, which are legal already.

Buying spores in Maryland

• It is legal to buy and own Psilocybe cubensis spores in Maryland 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 Maryland.
• Use spores for study only. Maryland’s definition of manufacture covers propagation, and its paraphernalia law turns on intended use. Studying spores is a legal hobby, and anything that points toward cultivation is where the law starts.

If you live near a state line, our guides for Pennsylvania, Virginia and New Jersey cover the neighboring laws.

For neighboring states, see our guides to Delaware and West Virginia.

Frequently asked questions

Is it legal to buy mushroom spores in Maryland?

Yes. Mushroom spores are legal in Maryland because Schedule I covers psilocybin and psilocyn, and spores contain neither.

Is it legal to order mushroom spores online in Maryland?

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

Are Psilocybe cubensis spores legal in Maryland?

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

Are psilocybin mushrooms legal in Maryland?

No. Possessing them is a misdemeanor punishable by up to 1 year in jail for a first conviction. Growing or selling them is a felony punishable by up to 5 years in prison.

Has Maryland decriminalized psilocybin?

No. A state task force has recommended a phased path toward legal access, and the General Assembly extended the task force through 2027. No law has changed the status of mushrooms.

Are mushroom grow kits legal in Maryland?

A kit for culinary species is legal. A kit for growing a plant or fungus that is a controlled dangerous substance is paraphernalia under Maryland law, and it is also paraphernalia under federal law. We do not sell cultivation kits or supplies.

Do you ship spore syringes to Maryland?

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

Sources

• Md. Code, Criminal Law § 5-402 — Schedule I, Chapter 286 of 2022 (SB 614, PDF) and 21 C.F.R. § 1308.11 — federal Schedule I
• Criminal Law § 5-101 — definitions, § 5-601 — possession, § 5-603 — manufacturing, § 5-607 — penalties, § 5-619 — drug paraphernalia
• HB 260 (2025), Chapter 180 — paraphernalia penalties
• Chapter 731 of 2022 (SB 709, PDF) — Alternative Therapies Fund
• HB 548 (2024), Chapter 792 — task force and HB 427 (2026), Chapter 207 — extension
• Maryland Manual: Task Force on Responsible Use of Natural Psychedelic Substances
• Maryland Matters, November 10, 2025, on the task force’s recommendations
• DEA letter on the federal status of spores (January 2, 2024, PDF)