And it’s kind of hard to see how they would not be intended to be used for these purposes. Remember the definitions of manufacture and produce from above? Well, this seems to hit the mark - at least to the extent that a spore kit is primarily intended to be used for these purposes. This term is broadly defined to include “any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing. It is illegal under the CSA to sell drug paraphernalia.
Selling a spore kit likewise is an issue for a number of reasons. The CSA defines “Manufacture” to include “production”, which in turn is defined to include “cultivation, growing, or harvesting of a controlled substance.” So while a spore kit may not contain psilocybin per se, the use of the spore kit to cultivate psilocybin mushrooms probably violates the CSA. Well, the CSA prohibits the knowing or intentional “manufacture” of a controlled substance. “But spore kits don’t have any psilocybin!”, one might say. Under the Controlled Substances Act (CSA), psilocybin is a Schedule I narcotic alongside heroin. There are a lot of problems with this argument. So the argument goes that because spore kits are psilocybin-free, they must be legal. Spore kits generally don’t contain psilocybin. Spore kits allow people to cultivate psilocybin. And that’s where we get to psilocybin spore kits. but ultimately probably breaking that law. In spite of all of this, where there’s a law, there’s always a budding entrepreneur trying to find a loophole. So today, selling psilocybin just isn’t legal. And of course, there are a few companies who are paving the way with research under FDA auspices, but that doesn’t create a legal market either. And yes, Oregon will eventually have a regulated market but not until at least 2023. I know, I know, a few cities and the State of Oregon have decriminalized some psychedelics, but decriminalization does not create any kind of legal, regulated market. Psilocybin (the chemical), psilocybin mushrooms, and anything containing psilocybin is illegal at the federal level and in every state in the United States.