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EverSpores / October 31, 2026

Are Mushroom Vapes Legal? What Federal Law Lists

Are Mushroom Vapes Legal? What Federal Law Lists — EverSpores

EverSpores is only available to adults 21 and older. Purchasers must be at least 21 and provide accurate information.

Last checked October 31, 2026.

This is general information, not legal advice. Check your state and local laws before ordering.

Federal law answers through the substances it lists: 21 U.S.C. 812 places psilocybin and psilocyn in Schedule I. Under 21 CFR 1308.11, that listing covers any material, compound, mixture or preparation containing any quantity of them, unless specifically excepted or listed in another schedule. A vape’s product page lists its format, size, flavors and manufacturer certificates of analysis.

The federal statute 21 U.S.C. 812 places psilocybin and psilocyn among the hallucinogenic substances in Schedule I[1]. On the product side, a vape’s page sets out its brand, format, size, flavors and the certificates of analysis (COAs) its manufacturer publishes[3]. Orders from this collection ship within the United States, and international shipping is not offered[4].

What is the short answer on mushroom vapes and federal law?

The regulation 21 CFR 1308.11 lists psilocybin as item (29) and psilocyn as item (30) of its hallucinogenic substances in Schedule I[2]. Unless a substance is specifically excepted or listed in another schedule, that listing reaches any material, compound, mixture or preparation that contains any quantity of those substances, or their salts, isomers and salts of isomers[2]. The regulation assigns psilocybin Controlled Substances Code Number 7437 and psilocyn 7438[2].

ProvisionWhat it states
Statute21 U.S.C. 812, Schedule I(c), lists psilocybin as item (15) and psilocyn as item (16)[1]
Regulation21 CFR 1308.11(d) lists psilocybin as item (29) and psilocyn as item (30)[2]
Code numbersPsilocybin 7437; psilocyn 7438[2]
CoverageAny material, compound, mixture or preparation containing any quantity, unless specifically excepted or listed in another schedule[2]

What makes a mushroom vape legal or not under the federal schedules?

Under 21 U.S.C. 812, Schedule I requires findings that a drug or other substance has a high potential for abuse and no currently accepted medical use in treatment in the United States[1]. A third required finding is a lack of accepted safety for use of the substance under medical supervision[1]. The statute states that Schedules I through V consist of the listed drugs or other substances by whatever official name, common or usual name, chemical name, or brand name designated[1]. Those schedules hold unless and until amended pursuant to section 811 of title 21[1].

The regulation uses the same wording, applying Schedule I to the listed substances by whatever official, common, chemical or brand name is designated[2]. On the product side, the vape’s product page directs readers to the manufacturer’s label for ingredients, serving information and directions[3].

What do the shipping rules say?

Orders ship within the United States, according to the shipping policy, and international shipping is not offered[4]. Packages travel by USPS or UPS, and tracking is emailed when an order ships[4]. Processing takes up to one business day, and dispatch runs Monday through Friday, excluding federal holidays[4]. For a delayed, missing or damaged shipment, the policy lists an email contact to write to with the order number[4].

Buying a mushroom vape near you or online: what does a listing show?

An online product page brings the brand, format, size, flavor options and manufacturer lab reports into one place[3]. The Mushy Vapes Mushroom Disposable page names Exodus as the brand, a 2.2g disposable with a USB-C rechargeable battery, and twelve flavors[3]. Its flavors run from fruit pairings such as Strawberry Kiwi and Watermelon Lime to tart Sour Mango and Sour Apple[3]. Rainbow Belts and Sugar Cookie cover the candy and dessert end of the menu[3].

The collection’s vapes also include a 3.5g XL disposable from Exodus with six flavor options[3].

How can you check a mushroom vape’s label and lab report?

Manufacturer lab reports, where available, are listed with the product images[3]. For the 2.2g Exodus disposable, twelve certificates of analysis are published, one for each flavor[3]. Each entry shows the flavor, the size, a sample number and a report date, such as sample 2511EXL6517.28177 for Rainbow Belts, reported 11/22/2025[3].

Report dates differ across flavors: Blood Orange shows 05/28/2026, while the other eleven show 11/22/2025[3]. Each report covers the sample and tests shown in that document[3]. The store’s inventory batches have not yet been matched to these reports[3].

Frequently asked questions

Can a substance be added to Schedule I without findings?

Under 21 U.S.C. 812, apart from two stated exceptions, a drug or other substance may not be placed in any schedule unless the findings required for that schedule are made. The statute excepts cases where control is required by United States obligations under an international treaty, convention or protocol in effect on October 27, 1970, and the case of an immediate precursor.

When does an order placed on a weekend begin processing?

Orders placed after noon Pacific Time, on weekends or on federal holidays begin processing the next business day. Estimated transit is 2–5 business days after processing, and arrival dates are not guaranteed.

Does the 2.2g Exodus disposable come with a charging cable?

No: every device has a USB-C rechargeable battery, and a charging cable isn’t included.

Which flavors does the 2.2g Exodus disposable list?

The product page lists Rainbow Belts, Strawberry Kiwi, Blood Orange, Sour Mango, Orange Pineapple, Tangie Banana, Lime Sorbet, Sour Apple, Blueberry Blast, Grape Punch, Watermelon Lime and Sugar Cookie.

References

  1. U.S. Government Publishing Office (govinfo). 21 U.S.C. 812: Schedules of controlled substances. https://www.govinfo.gov/content/pkg/USCODE-2023-title21/html/USCODE-2023-title21-chap13-subchapI-partB-sec812.htm. Accessed October 31, 2026.
  2. Office of the Federal Register (eCFR). 21 CFR 1308.11: Schedule I. https://www.ecfr.gov/current/title-21/chapter-II/part-1308/subject-group-ECFRf62f8e189108c4d/section-1308.11. Accessed October 31, 2026.
  3. EverSpores. Exodus Mushy Vapes Mushroom Disposable. https://everspores.com/product/exodus-mushy-vapes-mushroom-disposable/. Accessed October 31, 2026.
  4. EverSpores. Shipping Policy. https://everspores.com/shipping-policy/. Accessed October 31, 2026.

The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure, or prevent any disease. Site information is not medical advice.