Introduction to Magic Mushrooms
We are living in a pivotal moment, where psilocybin Mushrooms Legalization marks a change in societal attitudes and legal frameworks in history.
In this guide, we delve into the intricate tapestry of psilocybin laws worldwide.
As the legal barriers surrounding psilocybin mushrooms legalization continue to dissolve, an increasing community of advocates and entrepreneurs emerges, eager to explore the newfound opportunities.
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Magic mushrooms, scientifically known as Psilocybe species, contain psychoactive substances like psilocybin and psilocin that induce significant perceptual, emotional, and cognitive changes when consumed.
Cultivation, manufacture, possession, use and supply of psilocybin is illegal throughout Australia. From July 2023, authorized psychiatrists can prescribe psilocybin for treatment-resistant depression.
The personal possession and use of psilocybin mushrooms is not criminalized. Cultivation is technically legal as long as the mushrooms are not harvested for use. Selling or offering or providing access to the mushrooms to others is illegal.
In Belgium, cultivation of mushrooms has been prohibited since the enactment of the Criminal Law of 25 February 1921. Possession and sale of mushrooms have been prohibited since the Royal Decree of 22 January 1998.
In Belize, psilocin is listed in the Misuse of Drugs Act and penalty of “5 years, $100,000, or both.
In Bolivia, psilocybin and psilocin are banned substances.
In Bulgaria, psilocybin and psilocin are banned substances. They are listed in “List I” which includes all plants and substances with a high degree of risk to public health due to the harmful effect of abuse. They are prohibited for use in humane and veterinary medicine.
Only psilocybin and psilocin are listed illegal, but not the fungal species themselves. The Federal Constitution states that an act must be previously stated as illegal by a law. Therefore, psilocybin mushrooms cannot be considered illegal themselves. There are also no legal jurisprudences available on the topic, neither records of people being arrested specifically for using, growing or possessing psilocybin mushrooms in the country. They are sold mainly over the internet on specialized websites, without facing persecution from Brazilian police.
In the British Virgin Island, places where mushrooms grow naturally, it is legal to possess and consume psilocybin mushrooms; however, their sale is illegal. Despite this, many businesses openly sell them.
In Cambodia, psilocybin mushrooms are prohibited, but in many parts of the country, especially touristic ones, they are mostly ignored by legal authorities, as it happens with other illegal drugs.
Mushroom spore kits are legal and are sold openly in stores or on the internet as the spores and kits themselves are legal as they do not contain psilocybin/psilocin. Psilocybin and psilocin are illegal to possess, obtain or produce without an exemption or license as they are schedule III under the Controlled Drugs and Substances Act. Online dispensaries exist that illegally sell microdoses. In September 2019, a motion to increase enforcement efforts against the sale of magic mushrooms was voted down by Vancouver council. Efforts are underway to obtain exemptions for medical and research use under CDSA Section 56. In 2020, eleven end-of-life patients, including possibly also a first non-palliative patient, received an exemption to pursue psilocybin-assisted psychotherapy to help ease anxiety and depression. In 2020, 16 health professionals received permission from the Ministry of Health to use psilocybin themselves to help develop therapies for future use. In 2021, exemptions have been granted to use psilocybin therapy as a treatment for mental health conditions. Canada health regulators announced that the government would allow physicians to request access to psychedelics on behalf of patients with serious or life-threatening medical conditions. This exempted the patients from being prosecuted by law enforcement. On 5 October 2022, the Province of Alberta announced it would effectively make all psychedelics, including Psilocybin mushrooms, legal and regulated for medicinal use from January 2023.
Psilocybin and psilocin are listed as narcotic drugs on Ley Nº 20.000. There have been some recent reports of imprisonment for sale and possession of magic mushrooms in Chile, as well as indications that their usage is getting more popular in the country. However, Psilocybe spores and kits are completely legal and openly sold on specialized Chilean websites.
From 2013, the possession of a small amount of light drugs is a misdemeanor, which can lead to a fine of 5,000–20,000kn ($800–3,500) depending on the case in question.
Magic mushrooms are very rare in Cyprus. Although possession and consumption are both illegal, an individual who was found to have ordered psilocybin mushrooms over the internet was fined 1500 Euros and was not given time in prison.
Possession of drugs for personal use and cultivation of plants and mushrooms containing a narcotic or psychotropic substance “in a small quantity” are excluded from criminal prosecution. These violations of law are punished by administrative law as a misdemeanour (Act No. 200/1990 Coll., Act of Violations).
The sale and possession of psilocybin have long been illegal; however the growing/collecting, processing, sale, and possession of psilocybin mushrooms was legal until 1 July 2001, when the Danish Ministry of Health prohibited them.
Both psilocybin and mushrooms are explicitly banned in Estonia according to Narcotic Drugs and Psychotropic Substances Act.
As of 1 September 2008, the new 1st section of the 50th chapter of the penal code specially prohibits (attempt of) growing Psilocybe mushrooms.
In France, psilocybin mushrooms have been listed as a narcotic since 1 June 1966; thus, possession, use, transportation and collection are subject to criminal sanctions.
Illegal if for the purpose of intoxication.
Cultivation is prohibited. For sale and possession, hallucinogenic mushrooms may be treated as psilocin.
Cultivation is prohibited, and sale and possession is illegal.
In Hungary, mushrooms are specifically illegal under Art. 282 of the Penal Code, as they are treated as psilocin.
According to article 6 of the Illegal substance act, Psilocybin, DMT, Mescaline, LSD and Cannabis among other psychedelics are completely illegal in Iceland regardless of purpose.
Psilocybin mushrooms are officially illegal in India, but their prohibition is poorly enforced due to a lack of awareness among authorities. While there have been arrests on record, they are infrequent, and many areas in India are considered unofficial “psychedelic tourism” destinations.
Psilocybin mushrooms are illegal, classified as illegal drug type 1 with capital punishment. But currently law enforcements have been done more frequently Psilocybin mushrooms are advertised openly by cafes in Bali and the Gili Islands.
Until 31 January 2006, unprepared psilocybin mushrooms were legal in Republic of Ireland. On that date they were made illegal by a ministerial order. This decision was partly based on the death of Dubliner Colm Hodkinson, age 33, who jumped to his death from a balcony on 30 October 2005, after consuming legally purchased psilocybin mushrooms along with alcohol and marijuana.
According to Israeli drug laws, psilocybin and psilocin are illegal, but psilocybin-containing mushrooms are legal for possession, cultivation and sale as long as they are not used for the purpose of personal use.[65] There have been records of people being arrested for growing and selling large quantities of magic mushrooms for recreational purposes in the country.
Spores are legal to buy, sell and possess. Grow kits are illegal.
Psilocybin mushrooms have never been made illegal and are openly sold. Jamaican company Rose Hill touts itself as largest cultivator of magic mushrooms.
Prior to 2002, psilocybin mushrooms were widely available in Japan and were often sold in mail-order shops, online vendors and in head shops throughout Japan; according to Hideo Eno of Japan’s Health Ministry narcotics division, prior to 2002, “You can find them [psilocybin mushrooms] anywhere.“ In June 2002, Japan Health, Labor and Welfare Ministry added psilocybin mushrooms to Schedule Narcotics of Narcotic and Psychotropic Drug Control Law, possibly in preparation for the World Cup, and in response to a widely reported case of mushroom poisoning. Use, production, trafficking, growing or possession of psilocybin mushrooms is now illegal in Japan. Metropolitan Police Officer says that spores are legal where it does not contain psilocybin.
Psilocybin mushrooms are illegal, but openly sold in businesses, specifically in Vang Vieng.
Growing Psilocybin mushrooms is illegal in Latvia under S. 256 of the Penal Code, in case of a repeated offence. Both possession and sale of them are considered as a narcotic substance.
In Lithuania, growing is prohibited under Art. 265 of the Penal Code, possession and sale are illegal under Administrative and Penal codes.
In Luxembourg, mushrooms are considered sources of psilocybin and psilocin and hence subject to legal persecution.
Psilocin and psilocybin are prohibited under the Ley General de Salud of 1984, which also specifically mentions psilocybin-containing fungi as being covered by the law, and mentions Psilocybe mexicana and Psilocybe cubensis in particular. However, these laws are rarely, if ever, enforced against indigenous users of psychoactive fungi. The Mexican government has also specifically taken the position that wild occurrence of Psilocybe does not constitute drug production. Mushroom spores and grow kits in Mexico are legal and are sold openly on the Internet. Various political parties proposed to reclassify psilocybin mushrooms, enabling scientific research.
Psilocin/psilotsin and Psilocibin are present in the official list of prohibited substances
Magic Mushrooms are uncontrolled substances in the Everest Mountain country, so pretty much legal.
Since December 2008, possession of both dry and fresh psychoactive mushrooms has been forbidden by law. The Openbaar Ministerie – the Dutch prosecutor’s office – stated that prosecution shall be started on possession of 0.5g dried or 5g fresh psychoactive mushrooms. Possession of these minor amounts is allowed and will not lead to a criminal charge. Before December 2008, unprocessed psychoactive mushrooms were not covered under the opium law, making them legal to possess, consume and sell, and could be bought in “smart shops” which specialize in ethnobotanicals. Although a legal loophole not outlawing psychoactive mushroom species as truffles has led to the widespread sale of these “Magic Truffles” in smart shops across the nation. Since September 2019, magic truffles are fully taxed and legalized.
In New Zealand, psilocybin and psilocine are class A drugs, putting them in the highest class of illicit compounds along with heroin and LSD. The ‘Misuse of drugs act 1975’ lists ‘Conocybe, Panaeolus, or Psilocybe’ species specifically.
In Norway, magic mushrooms are specifically outlawed according to explicit regulation regarding narcotics.
The legal status of the Psilocybin mushrooms as a drug came into light when high school students were reportedly hospitalized after consuming the mushrooms for their psychedelic property in 2019. Psilocybin mushrooms themselves are not in the “list of drugs included in schedule” under the Comprehensive Dangerous Drugs Act of 2002 and therefore the Philippine Drug Enforcement Agency (PDEA) can’t arrest the students and only issue an advisory against the use of the mushrooms at best. The Philippines is a signatory of the United Nations Convention on Narcotic Drugs which lists psilocybin as a Schedule I substance.
However, the PDEA has conducted arrests of illegal drug peddlers who also sold psilocybin mushrooms alongside other illegal substances in the past.
The Drug policy of Portugal has decriminalized possession of all drugs.
Psilocybin in any form is illegal.
Psilocybin in any form is illegal.
According to the Samoan 1967 Narcotics Act possession of Psilocybin containing mushrooms is illegal plus psilocybin and psilocin are classified as Class A narcotics.
Psilocybin in any form is illegal.
There is little legal experience in Slovakia on the legal evaluation of magic mushrooms, making their legality somewhat ambiguous. Low quantities could possibly be treated as psilocin in the country, but large quantities may be considered as a “preparation” of a drug trafficking offence, which has the same sentence as an offence actually committed.
In Slovenia, mushrooms are illegal, since they are considered as psilocin.
Psilocin (4-hydroxydimethyltryptamine) and Psilocybin (4-phosphoryloxy-N,N-dimethyltryptamine) are listed as Undesirable Dependence-Producing Substances. Spores – which do not contain Psilocin or Psilocybin – may be legal to purchase, own or sell.
Psilocybin mushrooms are noted to be illegal to sell, and its possession and cultivation legal when treated as mushrooms. Possession, production and distribution of psilocybin is illegal, but its consumption in private places is decriminalized. This makes the legality of psilocybin mushrooms, grow kits and spores ambiguous and usually it is based on the intent of use and the judge’s interpretation of the law.
Although their presence and usage are extremely rare in the country, psilocybin mushrooms are also banned in Sri Lanka. In 2016, a local woman was arrested and became famous for illegally importing magic mushrooms from the United States, worth about Rs 250,000, and trafficking them for a select group of people.
Possession, sale and transport are illegal. Spores (and grow kits) are legal, it is legal to grow mycelium but not fruit bodies.
Although psilocybin and psilocin have long been listed as controlled substances in Switzerland, mushrooms themselves were only specifically banned in 2002, initially by the Swiss Agency for Therapeutic Products and later, by a revision of the Swiss Narcotics Act in 2008. Until 2002, magic mushrooms were readily available in Switzerland and, according to a Swiss medical agency, their ban was an attempt to prevent their increasing popularity in the country. However, some local health and legal authorities have criticized magic mushroom’s prohibition, since surveys have showed that it had little impact on decreasing their consumption in the country.
In Taiwan, psilocybin mushrooms are illegal. They are considered a Category 2 drug, alongside marijuana and amphetamine.
Psilocybin mushrooms are illegal, but are commonly sold openly in businesses. The Thai government plans to grow psilocybin-containing mushrooms for the purposes of researching their potential therapeutic effects. If the studies are successful, psilocybin-containing mushrooms could be removed from the country’s ‘Category 5’ narcotics list.
In Turkey magic mushrooms are treated as psilocybin which is illegal. The sale, growth and possession can lead to prosecution.
Psilocybin in any form is illegal. According to the Ukrainian Criminal Code, fetal bodies of fungi containing psilocybin are considered a psychotropic substance, and the dose, which entails criminal liability, is 0.01 g of psilocybin, is about 30-40 g of fresh mushrooms. However, the legislation does not prohibit the sale of mushroom spores for cultivation for the purpose of collecting.
From 18 July 2005 both fresh and “prepared” (that is, dried, cooked or made into a tea) psilocybin mushrooms became illegal in the United Kingdom; fresh mushrooms had previously been widely available, even in shops, but section 21 of the Drugs Act 2005 made fresh psychedelic mushrooms (“fungi containing psilocybin”), a Class A drug. Possession and use of psilocybin and psilocin is prohibited since the 2005 Act, but mushroom spores, which do not contain psilocybin, are not regulated.Grow kits can be bought legally through specialised websites because they do not contain psilocybin and psilocin.
In the United States, possession of psilocybin-containing mushrooms is illegal because they contain the Schedule I drugs psilocin and psilocybin. Spores, which do not contain psychoactive chemicals, are explicitly illegal in Georgia, Idaho, and California. In the rest of the country, it is not illegal to just sell the spores, but selling them with the purpose of producing hallucinogenic mushrooms is illegal.
Except for ornamental purposes, growing, selling or possessing Psilocybe spp. and Conocybe spp. is prohibited by Louisiana State Act 159.
The cities of Denver, Colorado, Oakland, California, Santa Cruz, California, and Ann Arbor, Michigan have decriminalized the drug.
On 3 November 2020 during 2020 US presidential election, the state of Oregon voted in an initiative to legalize psilocybin for mental health treatment at licensed centers and to decriminalize the possession of small amounts of all drugs. The new law came into effect on 1 February 2021. On the same day Washington, D.C. passed an initiative to decriminalize the cultivation and possession of “entheogenic plants and fungi”. In 2021, the City Councils of Somerville, Northampton, Cambridge, Massachusetts, and Seattle, Washington, voted for decriminalization. California introduced Senate Bill 58 in 2023 which would have decriminalized many psychedelics including psilocybin, but it was vetoed by Governor Newsom citing the need for 1) treatment and dosing guidelines, 2) rules to protect patients from being exploited during treatment, and 3) ways to make sure they have no underlying psychoses. On 7 September 2022, San Francisco lawmakers had unanimously approved a measure calling for the decriminalization of the use of entheogenic plants.
On 8 November 2022, Colorado voters passed Proposition 122, the Natural Medicine Health Act, decriminalizing psilocybin (including psilocybin mushrooms), psilocin, dimethyltryptamine (also known as DMT), ibogaine, and mescaline, for those aged 21 and over. This also legalized licensed “healing centers” where patients can experience psilocybin under supervision (which may also be expanded to include DMT, ibogaine, and mescaline), also only for those aged 21 and over. The initiative also allows those 21 and older to grow, possess and share the psychedelic substances but not sell them for personal use, effective immediately. The regulated natural medicine access program or “healing centers” will be established no later than the end of 2024.
In Uruguay, psilocybin and psilocin are mentioned in the federal list of controlled substances;Uruguay was first country in South America to decriminalize possession of all and every drug. According to Decreto N° 403/016, all fungal species of the Psilocybe sp. genus are illegal to sell as a medicinal compound, and other psilocybin-containing fungi genera, such as Copelandia, Pluteus and Conocybe are also mentioned in the document.
In Vietnam, psilocybin and psilocin were added to the list of banned substances in 2018 through Decree 73. magic mushrooms for ornamental uses made by people or scientific research made by physicians or psychonauts isn’t fully legal in Vietnam.
