Quick answer: Yes. Minnesota lists psilocybin and psilocyn as Schedule I hallucinogens in Minnesota Statutes section 152.02, and neither that section nor the drug definitions in section 152.01 mention spores, mycelium or mushrooms. That leaves mushroom spores legal in Minnesota to buy, own and ship for microscopy, taxonomy and educational use, because spores contain neither compound.
What is not legal is germinating them. Minnesota’s definition of “manufacture” includes “production, cultivation,” and its definition of “sell” includes “to manufacture,” so growing psilocybin mushrooms can be charged as a fourth-degree sale crime with a maximum of 15 years in prison. Minnesota has studied psilocybin therapy since 2023, but as of September 2026 no psilocybin program has become law.
Looking for mushroom spores in Minnesota?
We ship Psilocybe cubensis spore syringes to Minnesota 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 Minnesota. This page is general information, not legal advice; only a lawyer licensed in Minnesota can tell you how the law applies to you.
In this guide
- What Minnesota law says (and doesn’t say)
- Why spores are legal when the mushrooms are not
- Penalties for the mushrooms themselves
- The paraphernalia law: possession repealed in 2023
- Minneapolis: what the 2023 executive order did
- The Psychedelic Medicine Task Force and the 2025–2026 bills
- Buying spores in Minnesota
- Frequently asked questions
- Sources
What Minnesota law says (and doesn’t say)
Minnesota’s Schedule I is in Minnesota Statutes section 152.02, subdivision 2. Paragraph (d) of that subdivision lists the hallucinogens and controls “any material, compound, mixture or preparation which contains any quantity” of them. The list includes “(21) psilocybin” and “(22) psilocyn.” That is where the mushroom compounds live in Minnesota law.
Section 152.02 does not mention spores, mycelium or mushrooms. The definitions in section 152.01, which set out what counts as manufacturing, selling and drug paraphernalia, do not mention them either. Minnesota law controls the chemicals, and a spore does not contain them.
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; 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, and it 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.
Minnesota’s definition of “manufacture” in section 152.01, subdivision 7, includes “production, cultivation,” and the definition of “sell” in subdivision 15a includes “to manufacture.” The line in Minnesota is the same as the federal line: the spore is legal, and the germinated material is not.
Penalties for the mushrooms themselves
Minnesota grades drug crimes by degree, from the first degree (the most serious) to the fifth.
- Possession (Minn. Stat. 152.025, subd. 2): possessing any amount of a Schedule I substance is a controlled substance crime in the fifth degree, a felony punishable by up to five years in prison, a fine of up to $10,000, or both. A person with no prior drug conviction who possessed less than 0.25 grams, or one dosage unit or less, is guilty of a gross misdemeanor instead.
- Sale and manufacture (Minn. Stat. 152.024): selling any Schedule I substance other than marijuana is a controlled substance crime in the fourth degree, punishable by up to 15 years in prison, a fine of up to $100,000, or both. Because “sell” includes “to manufacture,” growing psilocybin mushrooms can be charged under this section.
- Larger amounts (Minn. Stat. 152.021 to 152.023): larger quantities are charged under the higher-degree sections, which carry longer maximum sentences.
The paraphernalia law: possession repealed in 2023
Minnesota changed its paraphernalia law in 2023, and the result matters to anyone reading older articles about it.
- The definition in section 152.01, subdivision 18, covers equipment, products and materials “knowingly or intentionally used primarily in manufacturing a controlled substance” or in taking one.
- Possession is no longer a crime. The section that made it an offense to use or possess drug paraphernalia, section 152.092, was repealed by Laws 2023, chapter 52, effective August 1, 2023.
- Manufacturing is still a crime. Under section 152.093, it is a misdemeanor to “intentionally manufacture drug paraphernalia for delivery.”
The 2023 repeal did not make cultivation legal. A spore syringe bought for study is not paraphernalia, because it is not used to manufacture anything. Growing psilocybin mushrooms from it is manufacturing a controlled substance, which is a felony no matter what the paraphernalia law says. 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.
Minneapolis: what the 2023 executive order did
On July 21, 2023, Minneapolis Mayor Jacob Frey signed Executive Order 2023-01, titled “Deprioritizing Enforcement of Entheogenic Plants.” It makes the investigation and arrest of people for planting, cultivating, purchasing, transporting, distributing, engaging in practices with, or possessing entheogenic plants the lowest law enforcement priority in the city. The order defines entheogenic plants to include psilocybin mushrooms, ayahuasca, mescaline and iboga, and it leaves out peyote. It does not apply to commercial sales or manufacturing, possession in schools, or driving under the influence.
This was a mayoral executive order. It was not a City Council ordinance or resolution, and it did not change state law. Frey said when he signed it, “We’re not decriminalizing, we’re not making legal for recreational use.” Psilocybin is still a Schedule I substance in Minneapolis, and we found no other Minnesota city or county with a similar measure. None of this affects spores, which are already legal statewide. Several cities in Michigan have passed deprioritization measures of their own, as our Michigan guide explains.
The Psychedelic Medicine Task Force and the 2025–2026 bills
The task force (2023–2025). The 2023 Legislature created the Psychedelic Medicine Task Force (Laws 2023, chapter 70, article 4, section 99). Its job was to review the research on psilocybin, MDMA and LSD as treatments for mental health conditions and to develop a plan for the laws and regulations Minnesota would need. The task force’s final legislative report, dated January 1, 2025, recommended that the Legislature “create a state-regulated clinical program for the therapeutic administration of psilocybin-containing mushrooms,” “remove criminal penalties for the personal use and possession of psilocybin-containing mushrooms,” and fund more research into MDMA, psilocybin and LSD. Proposals for adult-use legalization did not get the two-thirds vote the task force required for a recommendation. The report is advisory, and the Legislature is not bound by it.
HF 2699 and SF 4204 (personal use). Rep. Andy Smith introduced HF 2699 on March 24, 2025. It would allow adults 21 and older to possess, transport, use and cultivate psilocybin without criminal penalties, and it would create a Psychedelic Medicine Board. Its Senate companion, SF 4204, was introduced on March 9, 2026. Neither bill moved beyond committee before the Legislature adjourned in May 2026.
HF 2906 (a therapy program). HF 2906, also by Rep. Smith, would create a psilocybin therapeutic use program for adults 21 and older with qualifying conditions, with the Office of Cannabis Management overseeing patient registration, facilitator licensing, and cultivation and testing. It would also move psilocybin from Schedule I to Schedule IV. The House Health Finance and Policy Committee approved it on March 9, 2026. On May 7, 2026, the House added the program to the Senate’s health and human services bill, SF 4612, but the Legislature did not enact the program in 2026.
What did pass. The 2026 cannabis law (Laws 2026, chapter 123) requires the Office of Cannabis Management to publish a report by January 15, 2027, with recommendations on administering a psilocybin therapeutic use program. As of September 2026, possessing or growing psilocybin mushrooms is still a crime everywhere in Minnesota. None of these bills would change the status of spores, which are already legal.
Buying spores in Minnesota
- It is legal to buy and own Psilocybe cubensis spores in Minnesota 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 Minnesota.
- Use spores for study only. Minnesota’s definition of manufacture includes cultivation, and growing psilocybin mushrooms is a felony. Spores for microscopy are a legal hobby; anything that points toward cultivation is where the law starts.
If you live near the state line, our guides for Wisconsin and Illinois explain the law in those states.
For neighboring states, see our guides to Iowa, North Dakota and South Dakota.
Frequently asked questions
Are mushroom spores legal in Minnesota?
Yes. Minnesota’s Schedule I lists psilocybin and psilocyn, and spores contain neither. Section 152.02 does not mention spores.
Is it legal to buy mushroom spores in Minnesota?
Yes. You can legally buy and own mushroom spores in Minnesota for microscopy, taxonomy and educational use.
Is it legal to order mushroom spores online in Minnesota?
Yes. There is no Minnesota or federal law against mailing spores. The mail rules cover controlled substances and paraphernalia, and spores are neither.
Are Psilocybe cubensis spores legal in Minnesota?
Yes. The species does not change the analysis, because no Psilocybe spore contains a Schedule I substance.
Are psilocybin mushrooms legal in Minnesota?
No. Possessing any amount is a fifth-degree controlled substance crime, which is a felony, although a first offense involving a very small amount is a gross misdemeanor. Growing them can be charged as a fourth-degree sale crime with up to 15 years in prison.
Are mushroom grow kits legal in Minnesota?
A kit for culinary species is legal. Equipment used primarily to manufacture a controlled substance meets Minnesota’s definition of drug paraphernalia, and growing psilocybin mushrooms is a felony. We do not sell cultivation kits or supplies.
Has Minneapolis decriminalized psilocybin?
No. A 2023 mayoral executive order made enforcement the lowest police priority in Minneapolis, but possessing psilocybin mushrooms is still a crime under state law.
Do you ship spore syringes to Minnesota?
Yes, to every Minnesota address. The only states we exclude are California, Florida, Georgia and Idaho.
Sources
- Minn. Stat. 152.02 — schedules (psilocybin and psilocyn at subd. 2(d)(21)–(22))
- Minn. Stat. 152.01 — definitions of “manufacture,” “sell” and “drug paraphernalia”
- Minn. Stat. 152.025 — fifth-degree crimes and 152.024 — fourth-degree crimes
- Minn. Stat. 152.092 (repealed by Laws 2023, chapter 52) and 152.093 — manufacture of drug paraphernalia
- City of Minneapolis, Executive Order 2023-01 and MPR News, July 21, 2023
- Minnesota Department of Health: Psychedelic Medicine Task Force and the task force’s legislative report, January 1, 2025 (PDF)
- HF 2699, HF 2906 and SF 4612 (94th Legislature bill status)
- Minnesota House New Laws: the 2026 cannabis law (chapter 123)
- DEA letter on the federal status of spores (January 2, 2024, PDF)
Spore syringes shipped to Minnesota
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.
