Except as otherwise authorized by law, every person who, with intent to produce a controlled substance specified in paragraph (18) or (19) of subdivision (d) of Section 11054, cultivates any spores or mycelium capable of producing mushrooms or other material which contains such a controlled substance shall be punished by imprisonment in the county jail for a period of not more than one year or in the state prison.
Offenses and PenaltiesMushrooms
Section § 11390
This law states that if someone grows spores or mycelium that can produce mushrooms containing certain controlled substances with the intent to make those drugs, they can be jailed for up to one year in county jail or face imprisonment in state prison.
controlled substances mushroom cultivation mycelium
Section § 11391
This law makes it illegal for anyone to transport, import, sell, or give away spores or mycelium that can grow into mushrooms containing certain controlled substances with the intent to break drug laws. If caught, offenders face imprisonment for up to a year in county jail or potentially longer in state prison. The term 'transport' specifically means moving these items with the intention to sell them. Additionally, this law doesn’t prevent prosecution for helping someone or planning to commit these offenses.
(a)CA Health & Safety Code § 11391(a) Except as otherwise authorized by law, every person who transports, imports into this state, sells, furnishes, gives away, or offers to transport, import into this state, sell, furnish, or give away any spores or mycelium capable of producing mushrooms or other material which contain a controlled substance specified in paragraph (18) or (19) of subdivision (d) of Section 11054 for the purpose of facilitating a violation of Section 11390 shall be punished by imprisonment in the county jail for a period of not more than one year or in the state prison.
(b)CA Health & Safety Code § 11391(b) For purposes of this section, “transport” means to transport for sale.
(c)CA Health & Safety Code § 11391(c) This section does not preclude or limit prosecution for any aiding and abetting or conspiracy offenses.
spores mycelium controlled substance
Section § 11392
In California, you can legally get and use spores or mycelium that produce mushrooms containing psilocyn or psilocybin for genuine research, teaching, or analysis purposes. This is only allowed if it doesn't break federal laws and the Research Advisory Panel gives their approval.
Spores or mycelium capable of producing mushrooms or other material which contains psilocyn or psyoclyin may be lawfuly obtained and used for bona fide research, instruction, or analysis, if not in violation of federal law, and if the research, instruction, or analysis is approved by the Research Advisory Panel established pursuant to Sections 11480 and 11481.
spores mycelium psilocyn
