Quick answer: Yes. South Dakota lists psilocybin and psilocyn as Schedule I hallucinogens in SDCL 34-20B-14, and that statute does not mention spores, mycelium or mushrooms. That makes mushroom spores legal in South Dakota to buy, own and ship for microscopy, taxonomy and educational use.
What is not legal is germinating them. South Dakota defines “manufacture” to include “propagation,” and manufacturing a Schedule I substance is a Class 4 felony. South Dakota also has an unusual law that makes it a crime to have a controlled substance in your body, which it calls “unauthorized ingestion.”
Looking for mushroom spores in South Dakota?
We ship Psilocybe cubensis spore syringes to South Dakota 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 South Dakota. This page is general information, not legal advice; only a lawyer licensed in South Dakota can tell you how the law applies to you.
In this guide
- What South Dakota law says (and doesn’t say)
- Why spores are legal when the mushrooms are not
- Penalties for the mushrooms themselves
- South Dakota’s ingestion law
- The paraphernalia law: SDCL chapter 22-42A
- Sioux Falls and Rapid City: any local decriminalization?
- Recent bills in South Dakota
- Buying spores in South Dakota
- Frequently asked questions
- Sources
What South Dakota law says (and doesn’t say)
South Dakota writes its drug schedules into the statute. SDCL 34-20B-14 lists the Schedule I hallucinogens and covers “any material, compound, mixture, or preparation that contains any quantity” of them. The list includes “(18) Psilocybin” and “(19) Psilocyn.”
The psilocybin entry has one exception, added in 2026. It excludes “the pharmaceutical composition of crystalline polymorph psilocybin in a drug product approved by the United States Food and Drug Administration,” which South Dakota places in Schedule IV instead. That exception covers only an FDA-approved pharmaceutical product. It does not cover mushrooms, and it has nothing to do with spores.
Section 34-20B-14 does not mention spores, mycelium or mushrooms, and neither does the definitions section of the drug-offense chapter, SDCL 22-42-1. South 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.
South Dakota’s definition of “manufacture” in SDCL 22-42-1 is “the production, preparation, propagation, compounding, or processing of a controlled drug or substance.” Germinating a spore to grow mushrooms is propagation. The line in South Dakota is the same as the federal line: the spore is legal, and the germinated material is not.
Penalties for the mushrooms themselves
Possession of any amount of psilocybin mushrooms is a felony in South Dakota.
- Possession (SDCL 22-42-5): possessing a Schedule I or II substance without a prescription is a Class 5 felony. Under SDCL 22-6-1, a Class 5 felony carries up to five years in prison and a fine of up to $10,000.
- Manufacture, distribution or possession with intent (SDCL 22-42-2): for a Schedule I or II substance, the base offense is a Class 4 felony, which carries up to ten years in prison and a fine of up to $20,000. The statute raises the class when certain aggravating circumstances are present. Because “manufacture” includes propagation, growing mushrooms from spores is charged here.
South Dakota’s ingestion law
Most states punish possessing a drug. South Dakota also punishes having one in your body. SDCL 22-42-5.1 says that “no person may knowingly ingest a controlled drug or substance or have a controlled drug or substance in an altered state in the body” unless it was prescribed or otherwise authorized. In practice, this means a positive drug test can lead to a criminal charge even when no drugs are found.
- Until July 1, 2025, a first or second ingestion offense was a Class 5 felony, the same level as possession.
- Senate Bill 83 (2025), approved on March 12, 2025, lowered the first and second offenses to a Class 1 misdemeanor, which carries up to one year in jail, a $2,000 fine, or both. For a first offense, the court must also order a drug and alcohol evaluation and supervised probation.
- A third or later offense within ten years is still a Class 6 felony, and higher penalties apply to inmates and people on parole.
A separate statute, SDCL 22-42-15, makes it a Class 1 misdemeanor to ingest any substance other than alcohol “for purposes of becoming intoxicated” unless it was prescribed. Neither law has anything to do with spores, which contain no controlled substance.
The paraphernalia law: SDCL chapter 22-42A
South Dakota’s paraphernalia law is the provision that matters most to a spore buyer, because it turns on intended use.
- The definition (22-42A-1) covers equipment “primarily used, intended for use, or designed for use by the person in possession of it, in planting, propagating, cultivating, growing, harvesting, manufacturing…” a controlled substance. Its first example is “kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant that is a controlled substance or marijuana or from which a controlled substance can be derived.”
- Using or possessing paraphernalia with intent to use it (22-42A-3) is a Class 2 misdemeanor, which carries up to 30 days in jail, a $500 fine, or both.
- Delivering paraphernalia, or manufacturing it with intent to deliver, while knowing it will be used with a controlled substance (22-42A-4) is a Class 6 felony under the statute.
- How courts decide (22-42A-2): the statute lists thirteen factors, including “statements by an owner or by anyone in control of the object concerning its use,” “instructions, oral or written, provided with the object concerning its use,” and “the existence and scope of legitimate uses for the object 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, is a different matter. 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.
Sioux Falls and Rapid City: any local decriminalization?
No. No South Dakota city or county has passed a measure to decriminalize or deprioritize psilocybin. Local decriminalization would not change anything for spores anyway, because spores are already legal statewide.
Recent bills in South Dakota
South Dakota has passed two drug bills in the last two sessions that touch on this topic. Neither one changes the status of psilocybin mushrooms or spores.
- SB 83 (2025): sponsored by Sen. Tamara Grove and approved on March 12, 2025. It reduced first and second ingestion offenses from felonies to misdemeanors, effective July 1, 2025, as explained above.
- HB 1099 (2026): It passed the House 58–7 and the Senate 21–12, and Gov. Larry Rhoden signed it on March 10, 2026. It adds “the pharmaceutical composition of crystalline polymorph psilocybin in a drug product approved by the United States Food and Drug Administration” to Schedule IV and removes that product from Schedule I. The change only matters if the FDA approves such a drug.
Psilocybin mushrooms remain a Schedule I drug in South Dakota, and none of this affects spores.
Buying spores in South Dakota
- It is legal to buy and own Psilocybe cubensis spores in South 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 South Dakota.
- Use spores for study only. South Dakota’s paraphernalia statute is intent-based and names cultivation kits, 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, Iowa, Nebraska and North Dakota.
Frequently asked questions
Are mushroom spores legal in South Dakota?
Yes. South Dakota’s Schedule I statute, SDCL 34-20B-14, lists psilocybin and psilocyn and says nothing about spores, which contain neither.
Is it legal to buy mushroom spores in South Dakota?
Yes. You can legally buy spores in South Dakota for microscopy, taxonomy and educational use.
Is it legal to order mushroom spores online in South Dakota?
Yes. There is no South 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 South Dakota?
Yes. The species does not change the analysis, because no Psilocybe spore contains a Schedule I substance.
Are psilocybin mushrooms legal in South Dakota?
No. Possessing them is a Class 5 felony, growing or selling them is a Class 4 felony, and having psilocybin in your body can be charged separately under the ingestion law.
Are mushroom grow kits legal in South Dakota?
A kit for culinary species is legal. A kit intended for growing psilocybin mushrooms can be paraphernalia under SDCL 22-42A-1, which names kits for growing any species “from which a controlled substance can be derived.” It is also paraphernalia under federal law. We do not sell cultivation kits or supplies.
Do you ship spore syringes to South Dakota?
Yes, to every South Dakota address. The only states we exclude are California, Florida, Georgia and Idaho.
Sources
- SDCL 34-20B-14 — Schedule I hallucinogens (psilocybin and psilocyn at (18)–(19))
- SDCL 22-42-1 — definition of “manufacture”
- SDCL 22-42-2 — manufacture and distribution, 22-42-5 — possession, 22-42-5.1 — unauthorized ingestion, 22-42-15 — ingesting to become intoxicated
- SDCL 22-6-1 — felony classes and 22-6-2 — misdemeanor classes
- SDCL 22-42A-1 — paraphernalia defined, 22-42A-2 — factors, 22-42A-3 — use or possession, 22-42A-4 — delivery
- 2025 Session Laws, chapter 98 (SB 83) (PDF) and South Dakota Searchlight, March 12, 2025
- 2026 Session Laws, chapter 149 (HB 1099) (PDF) and South Dakota Searchlight, March 10, 2026
- DEA letter on the federal status of spores (January 2, 2024, PDF)
Spore syringes shipped to South Dakota
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.
