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Psilocybin mushrooms themselves are not specifically named in the U.S. federal scheduling system, however their two primary active chemicals Psilocybin and Psilocin are both DEA schedule 1. What has confused the issue of the clear illegality of psilocybin mushrooms is the fact that for some reason the states do not specifically list the mushrooms themselves.

Because these Psilocybin and psilocin (misspelled psilocyn in the U.S. code) are specifically named as illegal to possess, fresh or dried psilocybin mushrooms are also illegal to possess (Title 21, Section 1 (c) ). Because spores contain no psilocybin or psilocin, they are legal to sell and possess in all states except California, Georgia and Idaho. But in most states, it is illegal to cultivate or propogate spores into mycelium since mycelium generally contains both psilocybin and psilocin.

In a few States having Psilocybin Mushrooms is a Felony. In most possession is just a misdemeanor Equivalent to having a joint. But in ALL STATES it is a big crime to sell or possess for distribution. Only Florida does not currently have an applicable law against possession of psilocybin mushrooms.

Donald White has put together a great summary of state laws and penalties for Psilocybe Mushrooms. It can be viewed at North Florida Shroom Guide.

Growing hallucinogenic mushrooms not illegal, state appeals court rules

By BARRY MASSEY | The Associated Press
June 16, 2005
Growing hallucinogenic mushrooms isn't prohibited by a New Mexico law against manufacturing an illegal drug.
That's the legal conclusion of the state Court of Appeals, which has overturned the felony drug-trafficking conviction of an Alamogordo man for growing psilocybin mushrooms in his home.
Under state law, drug trafficking includes the manufacturing of illegal drugs.
However, the court said growing mushrooms was not covered by thedrugtrafficking law's definition of "manufacture."

The laws in the UK regarding the sales of fresh "magic" mushrooms has recently been changed to making them illegal to sell or possess.

Police seize magic mushrooms
http://news.scotsman.com/edinburgh.cfm?id=1656872005

http://www.theherald.co.uk/news/43188.html

http://www.nme.com/news/113037.htm

http://news.bbc.co.uk/2/hi/uk_news/4691899.stm

Mushroom Case Law For Your Review

• Fiske vs. Florida, 1978
  Richard D. Fiske successfully had a conviction overturned in the State of Florida. This courts ruled that if Florida wanted to make wild Psilocybin Mushrooms illegal, they would have to specifically name them in the law. So far Florida has not chosen to do this.
  "This is a blueprint for not getting convicted of possession of fresh psilocybe mushrooms in the state of Florida."~Cowboy, North Florida Shroom Guide
• Iowa vs Atley
  Iowa Supreme Court ruled that Florida's Fiske ruling did not apply because the defendent was shown to know that they were producing psilocybin. Their petition to have the Supreme Court Review the Decision was denied.
• People v. Dunlap, IL 1982
  The Illinois Appellate Court essentially reversed the Florida Fiske ruling stating that "the term "material" is commonly used to refer to an item which is the source for something else rather than a finished product. A person of ordinary intelligence would be amply apprised that possession of or dealing in mushrooms containing Psilocyn is illegal." However, the court did differentiate between the two cases since the Fiske case was in regard to wild mushrooms picked from the filed and Dunlap was growing them.
  "An individual who cultivates or otherwise possessed Psilocybe mushrooms without knowing them to contain psilocyn [sic] would not be prosecuted successfully."
• Bemis V Indiana, 1994
  In a case similar to the Dunlap case, the Indiana Court of Appeals upheld a conviction because the defendant had been growing the mushrooms, therefore knew of the mushrooms psilocybin content.
• Kale V Indiana, 1988 (528 ne2d 799)
  Indiana Court of Appeals ruled that because psilocybin mushrooms were not specifically listed in the law, the state had to prove that the defendant knew of the presence of the scheduled psilocybin in the mushrooms.
• State v Justice (1985 - 704 p.2d 1012)
• Kansas Appeals court ruling that psilocybin mushrooms could be considered containers of psilocybin if the defendent was aware of the psilocybin in the mushrooms. They ruled that Florida's Fiske only applied where there was no knowlege of illegal conduct.
• State v Wohlever (1985, 500 NE2d 318)
  Ohio Court of Appeals ruling it was necessary that the substance psilocybin be named in the indictment and the state had only named the species of mushroom, which was not specifically listed as illegal in Ohio state law.
• State V Patterson (Wash.App., 679 P.2d 416)
  Another ruling that Fiske v. FL did not apply as mushrooms themselves could be considered containers for psilocybin.

Legal Status of LSD

In The United States, LSD is a Schedule 1 Controlled Substance.
This is defined federally as a drug which :

• Has a high potential for abuse.
• Has no currently accepted medical use in treatment in the United States.
• A lack of accepted safety for use of the drug under medical supervision.

In the U.K. LSD is Schedule I/Class A in the U.K., making it illegal to sell, buy, or possess without a license.

Drug Testing

The first thing to know about mushrooms and drug testing is that psilocybin and psilocin, the primary psychoactive substances in mushrooms, are not commonly tested for in the standard drug test. The basic drug test, currently used for nearly all corporate and sports testing programs, checks for 5 types of substances

• Cannabinoids (marijuana, hash)
• Cocaine (cocaine, crack, benzoylecognine)
• Amphetamines (amphetamines, methamphetamines, speed)
• Opiates (heroin, opium, codeine, morphine)
• Phencyclidine (PCP)

There are 2 main types of drug test:

• EMIT
• GC/MS

GC/MS is expensive and highly accurate. It can test for anything. However it must be specifically tuned to test for hallucinogens.

Most companies will perform a GC/MS on everyone that fails the EMIT.

The strategy is to pass the EMIT. To do this:

• Do not consume anything that may cause a positive/false positive on the EMIT.
• Carry a litre of water to work in case of random testing.
• Drink lots of the water prior to the test. This dilutes the urine below the threshold that anything can be detected at.
• Swallow the maximum safe dose of vitamin B complex tablets along with the water.
  This dyes the water yellow.

For further information on Drug Testing see:
Erowid's Information On Mushrooms and Drug Testing

Erowid's Information on LSD and Drug Testing

The Legalities of Mailing Hallucinogens

1. Use first class mail. Drug couriers concentrate on priority and overnight packages. First class mail is an enormous mass quantity, needle in a haystack is an understatement. 90% of LSD is distributed out of Northern California this way, marijuana seeds are distributed this way. Use small packages - standard shipping containers, like what you can buy at Mailboxes etc. or USPS.
2. Use a phony addressee and add "or current addressee" to the shipping label. Best if you can get a former occupants name for whom the forwarding order has expired. In the unlikely event that a package was intercepted, it becomes that much more difficult to prosecute.
3. Have a printed label, and use a legit address from a legit company. The postal inspector concentrates on hand addressed mail from individual to individual in looking for illicit mail. You all have computers - use a printer to print a label to a page, cut it out and use a glue stick to create an instant label.
4. On the receiving side, a first class package that a postal employee rings the bell for is VERY suspect. First class mail should get left in the box or on the porch and if it isn't, don't accept it. If the post office believes a package has contraband, they will arrange a "controlled delivery" which will involve delivering a package and making sure you receive it, then rushing in to make the bust. This takes extra time, and will usually make a separate delivery. You can also make sure by leaving a package unopened for 24 hours. The postal inspector won't wait more than this for fear that evidence will go up in smoke before the bust. So if nobody knocks within 24 hours, you can rest assured that the package is safely delivered.

This is all theoretical, but the Unabomer was able to send packages for YEARS without detection and he had a lot of FBI personnel looking for him. A relatively small group of people quietly mailing shrooms to people with CH taking the most basic precautions will have nothing to fear.

BTW: Information was obtained from the "drug queen" of the Michigan State Police, a toxicology conference at a major medical center, and personal knowledge about USPS policy and procedure from this contributor's father, a postal employee. Sorry he can't provide specific references here.

To reinforce the part on addressing the package.
The label would read exactly so:

• "John Smith or current addressee"
  OR
  "Granny"

On the subject of law enforcement, it must be pointed out that if a policeman did come to your door, you don't have to convince him your are telling the truth, you just have to lie to him. It doesn't matter whether he believes you or not. If you say "I didn't know who the package was from, so I didn't open it - in fact I thought about taking it to you guys, what with all that Unabomber stuff, but I though you'd laugh at me", or "I'm sorry I can't accept that package because I'm not expecting anything, and I don't recognise the sender". Easier said than done, but effective none the less.

The other important point is that you remain unaware of who the package is from. Do not arrange it. If you arrange it, then you have a charge of 'conspiracy to...' etc. This means that you need to get word out quietly. The important thing is that you really don't know WHO sent it! I would not post requests on message boards, IRC channels or send them by email. You can rest assured that the DEA have read this very post. Of course they have! The safest thing is the phone. DO NOT write a letter :)

The surest way to get hallucinogens turned into a legal pill is if a large percentage of sufferers are using it already. This is what happened with cannabis and MS. The government was left with the stark choice of prosecuting most of the MS sufferers and charging them with conspiracy to supply, intent to supply, possession OR decriminalizing cannabis for their particular needs. As soon as they spoke about decriminalization, the drug companies all thought "shit, that means people may choose this over the largely expensive and ineffective products that we have in the market right now". Strangely enough, there was suddenly no barrier to investigating why cannabis was effective against MS. Money talks!

If cluster headache sufferers reach a similar stage, the drug companies will be forced to slowly (maximize profits on the existing range, promise that we'll have something soon, drag it out as long as possible) bring something suitable to market. Therefore the more cluster headache sufferers using mushrooms, the faster it becomes legally available on prescription. Be warned, the legal version will be as expensive as Imitrex, probably more so, The reason being that it's a legal alternative, and is therefore less expensive than going to jail...

• United States Drug Enforcement Agency
• Erowid Mushroom Vault - Legal status
• Modern Drug Discovery: Forged in St. Anthony's Fire: Drugs for Migraine
• The Albert Hoffman Foundation
• The Pschydelics Library
• The Lycaeum Papers