Quick answer: Are mushroom spores legal in Wisconsin? Yes. Wisconsin lists psilocybin and psilocin as Schedule I hallucinogens in section 961.14 of its statutes, and neither that section, the definitions, nor the paraphernalia sections mention spores, mycelium or mushrooms. Mushroom spores are legal to buy, own and ship in Wisconsin for microscopy, taxonomy and educational use. Orders placed by 1 p.m. Eastern on a weekday ship the same day.
Germinating them is not legal. Wisconsin defines “manufacture” to include “propagation,” and manufacturing psilocin or psilocybin is a felony punishable by up to ten years at the lowest weight tier.
Looking for mushroom spores in Wisconsin?
We ship Psilocybe cubensis spore syringes to Wisconsin 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 every Wisconsin address. This page is general information, not legal advice; only a lawyer licensed in Wisconsin can tell you how the law applies to you.
In this guide
- What Wisconsin law says (and doesn’t say)
- Why spores are legal when the mushrooms are not
- A Wisconsin case: State v. Popp and Thomas (2014)
- Penalties for the mushrooms themselves
- The paraphernalia law: sections 961.571 to 961.574
- Madison, Milwaukee: any local decriminalization?
- State bills: the 2023 veterans pilot program
- Buying spores in Wisconsin
- Frequently asked questions
- Sources
What Wisconsin law says (and doesn’t say)
Wisconsin’s drug law is Chapter 961 of the statutes, the Uniform Controlled Substances Act. Section 961.14 is Schedule I, and subsection (4), the hallucinogenic substances, lists “Psilocybin” and “Psilocin.” The subsection controls “any material, compound, mixture or preparation which contains any quantity of” the listed substances.
That is where the mushroom compounds live in Wisconsin law. Section 961.14 does not mention spores. Section 961.01, the definitions, does not mention them. The paraphernalia sections, 961.571 to 961.574, do not mention them either. Wisconsin has never written spores, mycelium or mushrooms into Chapter 961.
Why spores are legal when the mushrooms are not
A spore contains no psilocybin and no psilocin. Schedule I reaches material that “contains any quantity” of a listed substance, and 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 substances. The same letter 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.
Wisconsin’s definition of “manufacture” in section 961.01(13) is “the production, preparation, propagation, compounding, conversion or processing of, or to produce, prepare, propagate, compound, convert or process, a controlled substance…” Germinating a spore is propagation. The line in Wisconsin is the same as the federal line: the spore is legal, and the germinated material is not.
A Wisconsin case: State v. Popp and Thomas (2014)
No Wisconsin court has ruled on spores by themselves. The published case that shows how the state charges growing is State v. Popp, 2014 WI App 100, decided by the Wisconsin Court of Appeals on September 30, 2014. After an anonymous tip about a mushroom grow operation, officers executed a search warrant and found, in the court’s words, “a lab for the creation of mushrooms as well as mushrooms in various stages of growth.” Both defendants pled guilty to manufacturing or delivering 100 grams or less of psilocin or psilocybin under section 961.41(1)(g).
The Court of Appeals reversed both convictions. Before getting the warrant, officers had looked through the trailer’s windows without permission, and the court held that this was an illegal search. Without those observations, the tip alone did not give probable cause for the warrant. The case is about police procedure, but it also shows the charge Wisconsin uses for growing mushrooms: manufacturing a controlled substance.
Penalties for the mushrooms themselves
Wisconsin has its own penalty paragraphs for psilocin and psilocybin in section 961.41.
- Possession (961.41(3g)(d)): a first offense is punishable by a fine of up to $5,000, up to one year in the county jail, or both. A second or later offense is a Class I felony, punishable by up to three and a half years and a $10,000 fine.
- Manufacture, distribution or delivery (961.41(1)(g)): 100 grams or less is a Class G felony, punishable by up to ten years and a $25,000 fine. More than 100 grams but not more than 500 grams is a Class F felony, punishable by up to twelve and a half years. More than 500 grams is a Class E felony, punishable by up to fifteen years and a $50,000 fine.
- Possession with intent to manufacture, distribute or deliver (961.41(1m)(g)): the same weight tiers and felony classes apply.
Because “manufacture” includes propagation, germinating spores falls under the manufacturing tiers.
The paraphernalia law: sections 961.571 to 961.574
Wisconsin’s paraphernalia law is the section that matters most to a spore buyer, because it turns on intended use.
- The definition (961.571) covers equipment and materials “used, designed for use or primarily intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing…” a controlled substance. The first example on the list is “kits used, designed for use or primarily intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant that is a controlled substance or from which a controlled substance or controlled substance analog can be derived.”
- Using or possessing paraphernalia (961.573) with the primary intent to use it to grow or manufacture a controlled substance is punishable by a fine of up to $500, up to 30 days in jail, or both.
- Delivering paraphernalia (961.574) while “knowing that it will be primarily used” to grow or manufacture a controlled substance is punishable by a fine of up to $1,000, up to 90 days in jail, or both.
- How courts decide (961.572): the statute lists factors, including “statements by an owner or by anyone in control of the object concerning its use,” instructions provided with the object, advertising, whether the seller is a legitimate supplier, 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 use it that way, 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.
Madison, Milwaukee: any local decriminalization?
No Wisconsin city or county has passed a psilocybin decriminalization or “lowest enforcement priority” measure. It would not matter for spores if one had, because spores are already legal statewide. Several cities in neighboring Michigan, including Ann Arbor and Detroit, have passed such measures, as our Michigan guide explains.
State bills: the 2023 veterans pilot program
Wisconsin’s recent psilocybin bill was a research proposal, not a decriminalization bill. In late 2023, a bipartisan group of legislators introduced Assembly Bill 753 and its Senate companion, Senate Bill 727. The bills would have created a medicinal psilocybin treatment fund and a pilot program at the University of Wisconsin–Madison to study psilocybin treatment for veterans with post-traumatic stress disorder.
AB 753 was referred to the Assembly health committee on December 6, 2023, and never received a floor vote. It failed to pass on April 15, 2024, when the session ended. As of September 2026, Wisconsin has not enacted any psilocybin research, therapy or decriminalization law, and psilocybin remains a Schedule I substance. None of this affects spores.
Buying spores in Wisconsin
- It is legal to buy and own Psilocybe cubensis spores in Wisconsin for microscopy, taxonomy and educational use.
- Ordering online is legal. Federal mail rules bar controlled substances and paraphernalia, and spores are neither. Our Illinois, Michigan and Minnesota guides cover the law in Wisconsin’s neighboring states.
- Use spores for study only. Wisconsin’s paraphernalia statute is intent-based, and its definition of manufacture includes propagation. Spores for microscopy are a legal hobby, and anything that points toward cultivation is where the law starts.
For a neighboring state, see our guide to Iowa.
Frequently asked questions
Are mushroom spores legal in Wisconsin?
Yes. Wisconsin’s Schedule I lists psilocybin and psilocin and says nothing about spores, which contain neither substance.
Is it legal to buy mushroom spores in Wisconsin?
Yes. You can legally buy and own spores in Wisconsin for microscopy, taxonomy and educational use.
Is it legal to order mushroom spores online in Wisconsin?
Yes. There is no Wisconsin or federal law against mailing spores. The mail rules cover controlled substances and paraphernalia, and spores are neither.
Are Psilocybe cubensis spores legal in Wisconsin?
Yes. The species does not change the analysis, because no Psilocybe spore contains a Schedule I substance.
Are psilocybin mushrooms legal in Wisconsin?
No. A first possession offense can bring up to a year in the county jail and a $5,000 fine, and a repeat offense is a felony. Growing them is manufacturing, a felony punishable by up to ten years even for 100 grams or less.
Are mushroom grow kits legal in Wisconsin?
A kit for culinary species is legal. A kit intended for growing a species that produces a controlled substance is drug paraphernalia under section 961.571. We do not sell cultivation kits or supplies.
Has any Wisconsin city decriminalized psilocybin?
No Wisconsin city or county has passed a decriminalization or lowest-priority measure.
Do you ship spore syringes to Wisconsin?
Yes, to every Wisconsin address. We ship to 46 states, and the only states we exclude are California, Florida, Georgia and Idaho.
Sources
- Wis. Stat. § 961.14 — Schedule I (psilocybin and psilocin in subsection (4))
- Wis. Stat. § 961.01 — definitions, including “manufacture” in (13)
- Wis. Stat. § 961.41 — prohibited acts and penalties and § 939.50 — felony classes
- Wis. Stat. § 961.571 — paraphernalia definition, 961.572 — determination factors, 961.573 — possession, 961.574 — delivery
- State v. Popp, 2014 WI App 100 (Wisconsin Court of Appeals)
- 2023 Assembly Bill 753, Wisconsin Legislature and 2023 Senate Bill 727
- DEA letter on the federal status of spores (January 2, 2024, PDF)
Spore syringes shipped to Wisconsin
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.
