Are Mushroom Spores Legal in New Hampshire? Yes (2026)

By The Spore Source Team Legal Guides Comments Off

Quick answer: Are mushroom spores legal in New Hampshire? Yes. New Hampshire controls psilocybin through a Department of Health and Human Services rule, He-C 501.03, which adopts the federal drug schedules, and federal Schedule I lists psilocybin and psilocyn. Neither the rule nor the state’s Controlled Drug Act (RSA 318-B) mentions spores, mycelium or mushrooms. Mushroom spores are legal to buy, own and ship in New Hampshire for microscopy, taxonomy and educational use.

What is not legal is germinating them. The Controlled Drug Act describes a manufacturer as someone who produces controlled drugs “by compounding, mixing, cultivating, growing or other process,” and simply possessing psilocybin mushrooms is a class B felony. The House voted in 2025 to lower that penalty, but the Senate tabled both bills that would have done it.

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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 New Hampshire. This page is general information, not legal advice; only a lawyer licensed in New Hampshire can tell you how the law applies to you.

In this guide

What New Hampshire law says (and doesn’t say)
Why spores are legal when the mushrooms are not
Penalties for psilocybin mushrooms in New Hampshire
The paraphernalia law: RSA 318-B:2
Has any New Hampshire town decriminalized psilocybin?
Psilocybin bills in 2025 and 2026
Buying spores in New Hampshire
Frequently asked questions
Sources

What New Hampshire law says (and doesn’t say)

New Hampshire’s Controlled Drug Act, RSA chapter 318-B, does not print its own list of drugs. It defines a “controlled drug” as any substance “scheduled pursuant to RSA 318-B:1-a,” and that section lets the Commissioner of Health and Human Services add, delete or reschedule substances by rule. It also says that when a substance is controlled under federal law, the commissioner “shall similarly control the substance” unless the commissioner objects within 30 days.

The rule that does this is He-C 501.03. It provides that substances “designated, rescheduled, or deleted as controlled drugs or controlled drug analogs pursuant to 21 CFR 1308.11-15 shall be recognized as a controlled substance by the commissioner.” The federal Schedule I, at 21 CFR 1308.11(d), lists “(29) Psilocybin” and “(30) Psilocyn.” The statute’s own definition of “hallucinogenic drugs” also names psilocybin as an example.

That is where the mushroom compounds live in New Hampshire law. Neither the rule, the federal schedule it adopts, nor the definitions, penalty and paraphernalia sections of RSA 318-B mention spores, mycelium or mushrooms.

Why spores are legal when the mushrooms are not

The schedules list two chemicals, psilocybin and psilocyn. A spore contains neither of them, so a spore is not a controlled 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.” Because New Hampshire follows the federal schedules, the federal answer and the state answer are the same. Our state-by-state guide covers the federal letter in detail.

RSA 318-B:1 describes a manufacturer as a person who, “by compounding, mixing, cultivating, growing or other process, produces or prepares controlled drugs.” The line in New Hampshire is the same as the federal line: the spore is legal, and the germinated material is not.

Penalties for psilocybin mushrooms in New Hampshire

RSA 318-B:26 does not name psilocybin. It falls under the catch-all rules for Schedule I to IV drugs “other than those specifically covered in this section.”

Possession (RSA 318-B:26, II(a)): a class B felony, with a fine of up to $25,000. After a prior drug conviction it becomes a class A felony, with a fine of up to $50,000.
Manufacture, sale or possession with intent to sell (RSA 318-B:26, I(c)): up to 7 years in prison and a fine of up to $100,000 for a first offense, and up to 15 years and $200,000 after a prior conviction.
Growing: because the statute treats cultivating and growing as ways of producing a controlled drug, growing psilocybin mushrooms can be charged as manufacturing.

The paraphernalia law: RSA 318-B:2

New Hampshire’s paraphernalia law is narrower than most states’ laws, because it targets people who make, deliver or sell paraphernalia.

The definition (RSA 318-B:1, X-a) covers equipment used in “planting, propagating, cultivating, growing, harvesting, manufacturing” controlled drugs, and it includes kits for cultivating a controlled drug.
The offense (RSA 318-B:2, II) is to “deliver, possess with intent to deliver, or manufacture with intent to deliver” paraphernalia, “knowing that it will be used or is customarily intended to be used to plant, propagate, cultivate, grow” or otherwise produce a controlled substance. Under RSA 318-B:26, III(c), this is a misdemeanor. Selling listed paraphernalia at retail is also prohibited.
Possession for your own use is not listed as an offense in the penalty section, RSA 318-B:26. The offenses are about making, delivering and selling paraphernalia.
How courts decide: RSA 318-B:2, IV lists factors, including statements by the owner about how an object is used, instructions that come with it, and how it is advertised and displayed. There is no exemption for research or microscopy.

A spore syringe bought for study is not paraphernalia. A syringe sold or handed to someone with the knowledge that it will be used 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.

Has any New Hampshire town decriminalized psilocybin?

No. We found no New Hampshire city or town that has passed a psilocybin deprioritization measure. It would not matter for spores if one had, because spores are already legal statewide. In neighboring Maine, the Portland City Council passed a deprioritization resolution in 2023, as our Maine guide explains.

Psilocybin bills in 2025 and 2026

New Hampshire’s House has been more open to psilocybin reform than its Senate. None of the bills below became law.

HB 528 (2025): sponsored by Rep. Kevin Verville, “amending the penalties for the possession and use of psilocybin for persons 18 years of age or older.” The House passed it by voice vote on March 26, 2025. As passed by the House, a first offense would have been a violation with a fine of $100 or less, and second and third offenses would have been misdemeanors with fines of up to $500 and $1,000. The Senate Judiciary Committee recommended it 3 to 2 after adding mandatory minimum sentences for fentanyl offenses. The full Senate then tabled it on June 5, 2025.
SB 14 (2025): a Senate bill setting mandatory minimum sentences for fentanyl offenses. The final compromise version also lowered possession of up to three-quarters of an ounce of psilocybin from a felony to a misdemeanor. The House adopted the compromise 185 to 182 on June 26, 2025, and the Senate tabled it, so it did not become law.
HB 1809 (2026): introduced to create a medical psilocybin program. The House narrowed it to an advisory board that would study the therapeutic use of psilocybin and passed it in March 2026. The Senate Health and Human Services Committee voted 4 to 0 that it was “inexpedient to legislate,” and the Senate killed the bill in May 2026.

As of September 2026, the penalties in RSA 318-B:26 are unchanged, and possession of psilocybin is still a felony. None of these bills dealt with spores, which remain legal.

Buying spores in New Hampshire

It is legal to buy and own Psilocybe cubensis spores in New Hampshire 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 New Hampshire.
Use spores for study only. New Hampshire treats growing as manufacturing, and the mushrooms themselves are a felony to possess. 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 Vermont, Maine and Massachusetts.

Frequently asked questions

Is it legal to buy mushroom spores in New Hampshire?

Yes. New Hampshire controls psilocybin and psilocyn through the federal Schedule I, which says nothing about spores, and spores contain neither chemical.

Is it legal to order mushroom spores online in New Hampshire?

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

Are Psilocybe cubensis spores legal in New Hampshire?

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

Are psilocybin mushrooms legal in New Hampshire?

No. Possessing psilocybin is a class B felony in New Hampshire. Growing or selling psilocybin mushrooms carries up to 7 years in prison for a first offense.

Did New Hampshire lower the penalty for psilocybin?

No. The House voted for lower penalties in 2025, in HB 528 and in SB 14, but the Senate tabled both bills. The felony penalty is still in effect.

Are mushroom grow kits legal in New Hampshire?

A kit for culinary species is legal. A kit for cultivating a controlled drug is paraphernalia under RSA 318-B:1, X-a, and it is also paraphernalia under federal law. We do not sell cultivation kits or supplies.