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

In this guide

• What Vermont law says (and doesn’t say)
• Why spores are legal when the mushrooms are not
• Penalties for psilocybin mushrooms in Vermont
• The paraphernalia law: 18 V.S.A. §§4475–4476
• Has any Vermont town decriminalized psilocybin?
• The 2024 working group and the decriminalization bills
• Buying spores in Vermont
• Frequently asked questions
• Sources

What Vermont law says (and doesn’t say)

Vermont’s drug law is in Title 18, chapter 84. Instead of numbered schedules, it sorts “regulated drugs” into categories, and “hallucinogenic drug” is one of them. Section 4201(10) defines hallucinogenic drugs as “stramonium, mescaline or peyote, lysergic acid diethylamide, and psilocybin,” along with their salts, derivatives, compounds and mixtures and other substances with a serious potential for abuse. Section 4205 then makes it unlawful to “manufacture, possess, have under his or her control, sell, prescribe, administer, dispense, or compound any regulated drug, except as authorized in this chapter.”

That is where the mushroom compound lives in Vermont law. Section 4201 does not mention spores, mycelium or mushrooms. The prohibition in section 4205, the hallucinogen penalties in section 4235 and the paraphernalia law in sections 4475 and 4476 do not mention them either. Vermont has never written spores into its drug law.

Why spores are legal when the mushrooms are not

The statute names a chemical, psilocybin. A spore contains no psilocybin and no psilocyn, so a spore is not a hallucinogenic 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.” Our state-by-state guide covers the federal letter in detail.

Once a spore germinates and the growing mushroom contains psilocybin, the person growing it possesses and is producing a regulated drug, which section 4205 forbids. The line in Vermont is the same as the federal line: the spore is legal, and the germinated material is not.

Penalties for psilocybin mushrooms in Vermont

Section 4235 sets the penalties for hallucinogens other than LSD, and it scales them by the number of doses. It defines a dose as “that minimum amount of a hallucinogenic drug, not commonly used for therapeutic purposes, that causes a substantial hallucinogenic effect,” and the Department of Health sets dose amounts by rule.

• Possession (18 V.S.A. §4235(b)): up to 1 year in jail or a fine of up to $2,000, or both. For 10 or more doses, up to 5 years or $25,000; for 100 or more doses, up to 10 years or $100,000; and for 1,000 or more doses, up to 15 years or $500,000.
• Selling or dispensing (18 V.S.A. §4235(c)): dispensing carries up to 3 years or $25,000, and selling carries up to 5 years or $25,000. For 10 or more doses, up to 10 years or $100,000; for 100 or more doses, up to 15 years or $500,000.
• Growing: section 4235 does not set a separate penalty for growing psilocybin mushrooms. Growing them is still unlawful under section 4205, and a grower possesses the drug that the possession tiers punish.

The paraphernalia law: 18 V.S.A. §§4475–4476

Vermont’s paraphernalia law is unusually narrow.

• The definition (section 4475) covers equipment “used, or promoted for use or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing” a regulated drug in violation of chapter 84.
• The only offense (section 4476) is selling drug paraphernalia to a person under 18, which carries up to two years in prison or a fine of up to $2,000, or both. Vermont’s paraphernalia law does not make it an offense for an adult to possess, use or buy paraphernalia.
• How courts decide: section 4475 lists factors, including statements by an owner about how an object is used, instructions that come with it, how it is advertised and displayed, and the legitimate uses of the object in the community.

The narrow paraphernalia law does not make growing legal. Growing psilocybin mushrooms is still unlawful under section 4205, whatever equipment is used. 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 Vermont town decriminalized psilocybin?

No. We found no Vermont 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 Maine, the Portland City Council passed a deprioritization resolution in 2023, as our Maine guide explains.

The 2024 working group and the decriminalization bills

• H.371 (2023–24): sponsored by Rep. Chip Troiano and Rep. Brian Cina, it would have removed criminal penalties for possessing, dispensing or selling psilocybin and created a psychedelic therapy working group. It was referred to the House Judiciary Committee and did not advance.
• S.114, Act 126 of 2024: the Senate companion bill started out with a psilocybin decriminalization provision as well. Lawmakers removed it, and the bill that passed only created the Psychedelic Therapy Advisory Working Group. Governor Phil Scott signed it on May 29, 2024.
• The working group’s report (November 2024): the group found general agreement on the potential of psilocybin-assisted therapy for depression and anxiety in serious illness and end-of-life care. It did not recommend creating a state psilocybin therapy program yet. It recommended extending the working group, supporting psychedelic therapy research in Vermont, and funding harm reduction training for health practitioners and the public.
• H.452 (2025–26): sponsored by Rep. Brian Cina, “An act relating to decriminalization of psilocybin-containing mushrooms and the establishment of the Psilocybin Therapeutic Consultation Program.” It would have decriminalized “the possession, cultivation, and noncommercial personal use of psilocybin-containing mushrooms” by adults 21 and older. It was referred to the House Committee on Human Services in February 2025 and did not advance out of committee.

As of September 2026, Vermont’s hallucinogen penalties are unchanged; section 4235 was last amended in 2023. None of these bills dealt with spores, which remain legal.

Buying spores in Vermont

• It is legal to buy and own Psilocybe cubensis spores in Vermont 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 Vermont.
• Use spores for study only. Vermont forbids manufacturing any regulated drug, and possessing psilocybin is a crime. 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 New Hampshire, New York and Massachusetts.

Frequently asked questions

Is it legal to buy mushroom spores in Vermont?

Yes. Vermont’s statute names psilocybin as a hallucinogenic drug and says nothing about spores, which contain no psilocybin.

Is it legal to order mushroom spores online in Vermont?

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

Are Psilocybe cubensis spores legal in Vermont?

Yes. The species does not change the answer, because no Psilocybe spore contains psilocybin.

Are psilocybin mushrooms legal in Vermont?

No. Possessing psilocybin carries up to a year in jail and a $2,000 fine, and larger amounts carry up to 15 years. Growing them is unlawful manufacturing of a regulated drug.

Did Vermont decriminalize psilocybin?

No. The 2024 law, Act 126, only created a working group, and the 2025 decriminalization bill, H.452, did not advance out of committee.

Are mushroom grow kits legal in Vermont?

A kit for culinary species is legal. Equipment used or designed for growing a regulated drug fits Vermont’s definition of paraphernalia in section 4475, and it is also paraphernalia under federal law. We do not sell cultivation kits or supplies.

Are mushroom spores legal in Vermont?

Yes. Spores contain no psilocybin, and no Vermont statute mentions them. The answer is the same in every Vermont city and town.

Do you ship spore syringes to Vermont?

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

Sources

• 18 V.S.A. §4201 — definitions, including “hallucinogenic drugs” and “regulated drug”
• 18 V.S.A. §4205 — acts prohibited and §4235 — hallucinogenic drugs (penalties)
• 18 V.S.A. §4475 — drug paraphernalia definitions and §4476 — offenses and penalties
• Vermont Legislature: S.114 (Act 126 of 2024) and H.371 (2023–24)
• Psychedelic Therapy Advisory Working Group final report (November 2024, PDF)
• H.452 as introduced (PDF) and H.452 bill history
• VTDigger, May 4, 2023, on H.371 and S.114
• DEA letter on the federal status of spores (January 2, 2024, PDF)