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

In this guide

• What North Dakota law says (and doesn’t say)
• Why spores are legal when the mushrooms are not
• Penalties for the mushrooms themselves
• The paraphernalia law: N.D. Cent. Code chapter 19-03.4
• Fargo and Bismarck: any local decriminalization?
• Ballot measures and bills in North Dakota
• Buying spores in North Dakota
• Frequently asked questions
• Sources

What North Dakota law says (and doesn’t say)

North Dakota writes its drug schedules into the Century Code. Section 19-03.1-05 is Schedule I, and its subsection 5, the hallucinogenic substances, covers “any material, compound, mixture, or preparation containing any quantity” of the listed substances. Psilocybin and psilocyn are both on that list.

In 2025, North Dakota also placed an FDA-approved form of psilocybin in Schedule IV. Section 19-03.1-11 now lists the “pharmaceutical composition of crystalline polymorph psilocybin, known as COMP360,” as approved by the United States Food and Drug Administration. That entry covers only a pharmaceutical product. It does not cover mushrooms, and it has nothing to do with spores.

Chapter 19-03.1, the Uniform Controlled Substances Act, does not mention spores, mycelium or mushrooms. North Dakota controls the chemicals, not the organism that can make 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: 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 adds 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.

North Dakota’s definition of “manufacture” in section 19-03.1-01 is “the production, preparation, propagation, compounding, conversion, or processing of a controlled substance.” Germinating a spore to grow mushrooms is propagation. The line in North Dakota is the same as the federal line: the spore is legal, and the germinated material is not.

Penalties for the mushrooms themselves

North Dakota’s penalties are set out in section 19-03.1-23, and the maximum sentences for each class are in section 12.1-32-01.

• Possession (19-03.1-23(7)): a first offense is a Class A misdemeanor, which carries up to 360 days in jail, a $3,000 fine, or both. A second or later offense not related to marijuana is a Class C felony, which carries up to five years in prison, a $10,000 fine, or both.
• Manufacture, delivery or possession with intent (19-03.1-23(1)): for a Schedule I, II or III substance other than marijuana, the offense is a Class B felony, which carries up to ten years in prison, a $20,000 fine, or both. Because “manufacture” includes propagation, growing mushrooms from spores is charged here.

The paraphernalia law: N.D. Cent. Code chapter 19-03.4

North Dakota’s paraphernalia law is the provision that matters most to a spore buyer, because it turns on intended use and treats equipment for growing a Schedule I drug as a felony.

• The definition (19-03.4-01) covers equipment “used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting…” a controlled substance, and it names kits for planting, propagating, cultivating, growing or harvesting.
• Using or possessing paraphernalia to grow a drug (19-03.4-03(1)) is a Class C felony when the paraphernalia is used, or possessed with intent to be used, to “plant, propagate, manufacture” or otherwise produce a Schedule I, II or III substance other than marijuana. That covers equipment meant for growing psilocybin mushrooms.
• Using or possessing paraphernalia to consume such a drug (19-03.4-03(2)) is a Class A misdemeanor, or a Class C felony for someone with a prior drug conviction.
• Delivering paraphernalia while knowing it will be used with a controlled substance (19-03.4-04) is a Class C felony when the drug is a Schedule I, II or III substance other than marijuana, and a Class A misdemeanor otherwise.
• How courts decide (19-03.4-02): the statute lists factors that include statements by the owner about the object’s use, instructions and advertising, and whether the object has legitimate uses in the community.

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 charged as a felony in North Dakota. 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.

Fargo and Bismarck: any local decriminalization?

No. No North Dakota city or county has passed a measure to decriminalize or deprioritize psilocybin, and the state has no psilocybin therapy program. Local decriminalization would not change anything for spores anyway, because spores are already legal statewide.

Ballot measures and bills in North Dakota

No psilocybin measure appeared on North Dakota’s 2024 or 2026 ballots. The drug measure on the 2024 ballot, Initiated Measure 5, would have legalized adult-use cannabis, and it failed. None of the measures on the 2026 ballots involves drugs, and no psilocybin initiative appears in the Secretary of State’s measure and petition archive.

The Legislature’s only recent psilocybin action is a pharmaceutical carve-out.

• SB 2064 (2025): introduced at the request of the State Board of Pharmacy, it passed the Senate 47–0 and the House 88–0, and the Governor signed it on March 25, 2025. It carried an emergency clause, so it took effect immediately. It placed crystalline polymorph psilocybin, known as COMP360, in Schedule IV once approved by the FDA. The change only matters if the FDA approves such a drug.

No bill to decriminalize psilocybin or to create a psilocybin therapy program has passed in North Dakota. Psilocybin mushrooms remain a Schedule I drug, and none of this affects spores.

Buying spores in North Dakota

• It is legal to buy and own Psilocybe cubensis spores in North Dakota 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 North Dakota.
• Use spores for study only. North Dakota’s paraphernalia statute makes cultivation equipment for a Schedule I drug a felony, and its definition of manufacture includes propagation. Spores for microscopy are a legal hobby; anything that points toward cultivation is where the law starts.

For neighboring states, see our guides to Minnesota, South Dakota and Montana.

Frequently asked questions

Are mushroom spores legal in North Dakota?

Yes. North Dakota’s Schedule I statute, section 19-03.1-05, lists psilocybin and psilocyn and says nothing about spores, which contain neither.

Is it legal to buy mushroom spores in North Dakota?

Yes. You can legally buy spores in North Dakota for microscopy, taxonomy and educational use.

Is it legal to order mushroom spores online in North Dakota?

Yes. There is no North Dakota or federal law against mailing spores. The mail rules cover controlled substances and paraphernalia, and spores are neither.

Are Psilocybe cubensis spores legal in North Dakota?

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

Are psilocybin mushrooms legal in North Dakota?

No. A first possession offense is a Class A misdemeanor, a repeat offense is a Class C felony, and growing or selling them is a Class B felony.

Did North Dakota vote on psilocybin in 2024?

No. The 2024 drug measure, Initiated Measure 5, was about cannabis, and it failed. No psilocybin measure was on the 2024 ballot or is on the 2026 ballots.

Are mushroom grow kits legal in North Dakota?

A kit for culinary species is legal. A kit intended for growing psilocybin mushrooms falls within the paraphernalia definition in section 19-03.4-01, which names kits for growing any species “from which a controlled substance can be derived,” and using or possessing it for that purpose is a Class C felony. It is also paraphernalia under federal law. We do not sell cultivation kits or supplies.

Do you ship spore syringes to North Dakota?

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

Sources

• N.D. Cent. Code chapter 19-03.1 (PDF) — definitions (19-03.1-01), Schedule I (19-03.1-05), Schedule IV (19-03.1-11)
• N.D. Cent. Code 19-03.1-23 — prohibited acts and penalties and 12.1-32-01 — classes of offenses
• N.D. Cent. Code chapter 19-03.4 — drug paraphernalia (PDF)
• SB 2064 (2025), bill overview and actions
• North Dakota Secretary of State: measure and petition archive
• DEA letter on the federal status of spores (January 2, 2024, PDF)