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

In this guide

• What Wyoming law says (and doesn’t say)
• Why mushroom spores are legal in Wyoming when the mushrooms are not
• A Wyoming Supreme Court case: Moulton v. State
• Penalties for the mushrooms themselves
• The paraphernalia law: delivery only
• Any local decriminalization in Wyoming?
• Psilocybin bills, 2024 to 2026
• Buying spores in Wyoming
• Frequently asked questions
• Sources

What Wyoming law says (and doesn’t say)

Wyoming’s drug law is Title 35, Chapter 7, Article 10 of the Wyoming Statutes. Section 35-7-1014 is Schedule I, and subsection (d), the hallucinogenic substances, lists “(xix) Psilocybin” and “(xx) Psilocyn.” The subsection controls “any material, compound, mixture or preparation which contains any quantity of” those substances.

That is where the mushroom compounds live in Wyoming law. Section 35-7-1014 does not mention spores. The definitions in section 35-7-1002 do not mention them, including the definition of drug paraphernalia. Wyoming has never written spores, mycelium or mushrooms into its statutes.

Why mushroom spores are legal in Wyoming 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, 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. 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.

Wyoming draws the same line. Section 35-7-1002 defines “manufacture” as the “production, preparation, propagation, compounding, conversion or processing of a controlled substance,” and defines “production” to include “the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.” The spore is legal. The germinated material is not.

A Wyoming Supreme Court case: Moulton v. State

No Wyoming court has ruled on spores by themselves. One Wyoming Supreme Court decision shows where the line gets enforced.

In Moulton v. State, 2006 WY 152, Platte County deputies responding to an emergency call entered a home and saw mushroom-growing materials in plain view. James Moulton was charged with manufacturing psilocyn, a felony under section 35-7-1031(a)(ii). He pleaded guilty on the condition that he could appeal the denial of his motion to suppress, and he was sentenced to 48 to 72 months in prison, suspended in favor of 12 months in the county jail and three years of supervised probation. The Wyoming Supreme Court affirmed the denial of the motion. The court described psilocyn, like psilocybin, as “a chemical obtained from certain mushrooms.”

The charge was manufacturing, because the mushrooms were being grown. That is exactly the distinction the statute draws.

Penalties for the mushrooms themselves

Wyoming’s drug offenses are in section 35-7-1031, and the possession penalties depend on the amount and form of the substance.

• Possession of a small amount (§35-7-1031(c)(i)): a misdemeanor, up to 12 months in jail, a fine of up to $1,000, or both. The statute sets the misdemeanor amounts by form, for example no more than three ounces of a controlled substance in plant form or no more than three grams in powder or crystalline form. A third or subsequent conviction under this paragraph carries up to five years and a fine of up to $5,000.
• Possession above those amounts (§35-7-1031(c)(iii)): a felony for a Schedule I substance, up to five years in prison, a fine of up to $10,000, or both.
• Manufacture, delivery or possession with intent (§35-7-1031(a)(ii)): up to ten years in prison, a fine of up to $10,000, or both. Because “manufacture” includes propagation, germinating spores into mushrooms is charged here, as it was in Moulton.

The paraphernalia law: delivery only

Wyoming’s paraphernalia law is narrower than most states’ laws.

• The definition (§35-7-1002(a)(xxvii)) covers “all equipment, products and materials of any kind when used, advertised for use, intended for use or designed for use for manufacturing, converting, preparing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this act.” Because “manufacture” includes propagation, equipment intended for growing psilocybin mushrooms can qualify.
• Delivering paraphernalia, or possessing it with intent to deliver (§35-7-1056), is a crime punishable by up to six months in jail, a fine of up to $750, or both.
• An adult delivering paraphernalia to a minor (§35-7-1057) faces up to five years in prison, a fine of up to $2,500, or both.
• Possession: Wyoming’s controlled substances law has no separate offense for simply possessing paraphernalia.

The definition turns on how an item is used, advertised, intended and designed. A spore syringe bought for study is not paraphernalia, but the same syringe offered alongside growing equipment with a stated plan to cultivate 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.

Any local decriminalization in Wyoming?

No. No Wyoming city or county has passed a psilocybin decriminalization or deprioritization measure. Spores are already legal statewide, so a local measure would not change anything for spore buyers.

Psilocybin bills, 2024 to 2026

We found no psilocybin or ibogaine bill in the Wyoming Legislature’s 2024, 2025 or 2026 sessions. Psilocybin remains a Schedule I substance with no medical or research access program in state law. None of this affects spores.

Wyoming’s neighbors have gone in different directions. Idaho is one of the four states that ban spores, and we do not ship there. For the rules next door, see our guides to Colorado, Utah and Montana.

Buying spores in Wyoming

• It is legal to buy and own Psilocybe cubensis spores in Wyoming 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 Wyoming.
• Use spores for study only. Wyoming’s definition of manufacture covers propagation, and manufacturing psilocybin carries up to ten years in prison. Spores for microscopy are a legal hobby, and anything that points toward cultivation is where the law starts.

Frequently asked questions

Are mushroom spores legal in Wyoming?

Yes. Schedule I lists psilocybin and psilocyn, and a spore contains neither. No Wyoming statute mentions spores.

Is it legal to buy mushroom spores in Wyoming?

Yes. You can buy and own spores in Wyoming for microscopy, taxonomy and educational use.

Is it legal to order mushroom spores online in Wyoming?

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

Are Psilocybe cubensis spores legal in Wyoming?

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

Are psilocybin mushrooms legal in Wyoming?

No. Possessing a small amount is a misdemeanor punishable by up to 12 months in jail, and larger amounts are a felony. Growing them is manufacturing a controlled substance, punishable by up to ten years in prison.

Are mushroom grow kits legal in Wyoming?

A kit for culinary species is legal. Equipment intended for growing a controlled substance is paraphernalia under Wyo. Stat. §35-7-1002, and a kit for cultivating a controlled substance is also paraphernalia under federal law. We do not sell cultivation kits or supplies.

Has any Wyoming city decriminalized psilocybin?

No Wyoming city or county has passed a decriminalization or deprioritization measure.

Do you ship spore syringes to Wyoming?

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

Sources

• Wyo. Stat. §35-7-1014 — Schedule I (psilocybin and psilocyn at (d)(xix)–(xx))
• Wyo. Stat. §35-7-1002 — definitions of “manufacture,” “production” and “drug paraphernalia”
• Wyo. Stat. §35-7-1031 — manufacture, delivery and possession penalties
• Wyo. Stat. §35-7-1056 — delivery of drug paraphernalia and §35-7-1057 — delivery to a minor
• Moulton v. State, 2006 WY 152 (Wyoming Supreme Court)
• Doles v. State (Wyoming Supreme Court, 2007), quoting the paraphernalia definition
• Legislative Analysis and Public Policy Association, Psilocybin: Summary of State Laws (PDF)
• DEA letter on the federal status of spores (January 2, 2024, PDF)