CA Law on Spores - can someone please verify this for me.

[ISHBRAINS]

I know it is in fact illegal to sell spores within California. Is it at all illegal to posses them???
for example, suppose one were to find a culture of mushrooms, in California, and were able to extract spores. Would this be committing a crime?

[Coconut]

http://www.erowid.org/plants/mushroo...oms_law8.shtml

CALIFORNIA

There are three interesting things about the California law regarding spores.

1. The law appears to state that it is only illegal to import spores into the state if there is intent to cultivate them into mushrooms.
2. It is not specifically illegal to possess spores, it is only illegal to "transport, import into the state, sell, furnish, or give away" spores or mycelium. Technically, this means that possession of spores obtained from mushrooms inside the state, which are not bought or sold, are not illegal.
3. Only viable spores appear to be illegal as the law specifically states that it is "spores or mycelium capable of producing mushrooms" which are illegal.

Health & Safety Code
Section 11390-11392

11390. 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.

11391. 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.

11392. 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.