Is It Legal? The UK Law on Spores.

What this page is

This page does two things. It sets out the parts of UK drug law that matter to what we sell, and it explains the position we take as a business. We have written it in plain English on purpose. The law here is serious, but it is not hard to follow once someone says it without the jargon.

One thing up front. This is general information to help you understand where things stand. It is not legal advice, and it does not pretend to be.

We only sell for lawful use

Everything we sell is sold solely for lawful use. Supplying materials that could be used unlawfully can expose a business and its staff to prosecution, so we are careful, and we reserve the right to:

• cancel any order we suspect might facilitate illegal activity.
• permanently close any customer account that attempts to involve us in such activity.

Cylocybe does not, and never will, provide any product or service intended for illegal use. We know UK law, we respect it, and we abide by it.

The Misuse of Drugs Act 1971

The Misuse of Drugs Act 1971 (the MDA 1971) is the primary UK law controlling dangerous drugs. Psilocybin, the active compound in magic mushrooms, is a Class A controlled drug, the most serious category. It has been controlled as a Class A drug since the Act came in, which means psilocybin-containing mushrooms are treated by the law exactly like other Class A substances such as heroin and LSD.

A few sections of the Act do the heavy lifting, so it is worth knowing what each one says.

Section 4: producing and supplying

Under Section 4 it is an offence to produce a controlled drug, or to be concerned in its production. It is also an offence to supply or offer to supply one, or to be concerned in supplying it. In plain terms, selling a Class A drug, or helping someone else produce one, is a crime. The law treats selling magic mushrooms, or magic mushroom grow kits, as supplying or producing a Class A drug.

Section 8: premises

Section 8 targets the occupiers and managers of premises who knowingly permit or suffer certain activities on their property, including producing a controlled drug or supplying one. If a business knowingly lets its premises be used to grow psilocybin mushrooms, or to sell or hand them on, it can be prosecuted.

Section 21: businesses and the people who run them

Section 21 means a company is not the only one on the hook. Where a company commits an offence under the Act with the consent or connivance of a director or similar officer, or because of their neglect, that person is guilty of the offence as well. Directors and managers who turn a blind eye can be prosecuted personally, alongside the business.

The penalties

Class A drug offences carry the harshest penalties in the UK. For trafficking offences, which cover production, supply, and possession with intent to supply, the maximum penalty on indictment in the Crown Court can be life imprisonment, an unlimited fine, or both. Courts weigh things like quantity and the person’s role, but the fact that a substance is Class A makes any offence more serious, and even lesser involvement can mean a long prison term.

Spores, and where they sit

We sell psilocybe spores strictly for microscopy, research and collecting. We do not sell them for cultivation, we do not give cultivation advice for psilocybe species, and we do not sell cultivation equipment for them. Our standing position is that a dormant spore is not the controlled substance itself, but we do not ask you to take a position on the law, and nothing on this page is a guarantee about your own circumstances. Growing psilocybin mushrooms is illegal, full stop, and as set out above the law also treats psilocybin grow kits as producing or supplying a Class A drug. If you are unsure, get independent legal advice before you act.

Gourmet and edible species are different

Some of what we sell is for gourmet and edible mushrooms, such as oyster, lion’s mane and shiitake. These are not controlled substances, and growing them at home is completely legal in the UK. So the grow kits, spawn and cultures for these edible species are exactly what they look like. Use them to grow mushrooms in your kitchen, and that is fine. The rules above about controlled species do not touch these.

Why you might have been sent a link to this page

If you received an email that was just a link to this page and nothing else, it is because an earlier message from you tried to solicit or encourage illegal conduct. To protect our business and our staff, we are unable to take it any further, and that decision is final. We do not say this to be cold. We simply cannot help with anything that crosses into illegal territory, even as a joke.

A plain disclaimer

Everything on this page is general guidance to help you understand the law. It is not legal advice. If you are ever unsure about the legal status of a product, please get independent legal advice before you act. Cylocybe accepts no liability for any use of its products that breaks the law.