Legal Status of Psilocybin Mushrooms Worldwide


Table of Contents


  1. Overview of Psilocybin Mushrooms
  2. Legal Status by Country
    • 2.1 Austria
    • 2.2 Bahamas
    • 2.3 Brazil
    • 2.4 British Virgin Islands
    • 2.5 Bulgaria
    • 2.6 Belgium
    • 2.7 Canada
    • 2.8 Czech Republic
    • 2.9 Cyprus
    • 2.10 Denmark
    • 2.11 Finland
    • 2.12 Germany
    • 2.13 Greece
    • 2.14 Ireland
    • 2.15 Iceland
    • 2.16 India
    • 2.17 Japan
    • 2.18 Latvia
    • 2.19 Luxembourg
    • 2.20 Mexico
    • 2.21 Netherlands
    • 2.22 New Zealand
    • 2.23 Norway
    • 2.24 Sweden
    • 2.25 Switzerland
    • 2.26 Turkey
    • 2.27 United Kingdom
    • 2.28 United States
    • 2.29 Italy

Overview of Psilocybin Mushrooms


Psilocybin mushrooms, commonly referred to as "magic mushrooms," contain psychoactive compounds psilocybin and psilocin. These substances have been used for centuries in various cultures for their hallucinogenic properties. The legal status of these mushrooms varies significantly around the world, with some countries allowing their use, while others impose strict prohibitions.


Legal Status by Country


Austria


In Austria, psilocybin-containing mushrooms are illegal to possess in dried form, to sell, or to offer. The possession, sale, or cultivation of these mushrooms with the intention of producing psychotropic substances is prohibited under the Suchtmittelgesetz (SMG), specifically referenced in BGBl. III Nr. 148/1997.


Bahamas


In the Bahamas, psilocybin mushrooms are legal to possess, grow, and consume.


Brazil


In Brazil, psychoactive substances derived from psilocybin mushrooms are illegal to possess, store, transport, import, export, prescribe, administer, sell, and advertise, regardless of intent to profit. However, cultivation for botanical purposes is allowed due to a legal gap, as psilocybe mushrooms are not explicitly listed as psychotropic substances. Additionally, their use in religious practices is constitutionally and internationally protected.


British Virgin Islands


The sale of psilocybin mushrooms is illegal, but possession and consumption are permitted.


Bulgaria


Similar to the British Virgin Islands, the sale of psilocybin mushrooms is illegal, but possession and consumption are allowed.


Belgium


Possession and sale of psilocybin mushrooms have been illegal in Belgium since 1988.


Canada


In Canada, psilocybin and psilocin are classified as Schedule III substances under the Controlled Drugs and Substances Act. Consequently, it is illegal to possess, obtain, or produce these substances without a prescription or license. Nonetheless, dried psilocybin mushrooms are openly sold on numerous websites, and the possession of spores and growing kits is legal.


Czech Republic


While the distribution and sale of psilocybin mushrooms are illegal in the Czech Republic, their consumption is permitted. Possession of over 40 hallucinogenic caps containing more than 50mg of psilocin or a corresponding amount of psilocybin is considered a crime. Possession of more than 40g of hallucinogenic mycelium is also a crime, while possession within specified limits may result in a minor offense.


Cyprus


Psilocybin mushrooms are illegal to possess, grow, sell, and consume in Cyprus.


Denmark


In Denmark, psilocybin mushrooms are illegal to possess, grow, sell, and consume.


Finland


Possession, growth, sale, and consumption of psilocybin mushrooms are illegal in Finland.


Germany


In Germany, psilocybin is classified as illegal to produce, possess, or sell under Schedule I of the Narcotics Act (Anlage I BtMG). Consumption is not illegal, and the mushrooms and spores themselves are not illegal unless they contain psilocybin or psilocin.


Greece


Psilocybin mushrooms are illegal to possess, grow, sell, and consume in Greece.


Ireland


In Ireland, psilocybin mushrooms are illegal to possess, grow, sell, and consume.


Iceland


While the sale of psilocybin mushrooms is illegal in Iceland, possession and consumption are permitted.


India


In India, psilocybin mushrooms are illegal to possess, grow, sell, and consume. However, reports indicate that law enforcement in underdeveloped areas may be unaware of the prohibition.


Japan


Psilocybin mushrooms are illegal to possess, grow, sell, and consume in Japan.


Latvia


In Latvia, hallucinogenic mushrooms, psilocin, and psilocybin are classified as Schedule I controlled substances.


Luxembourg


Psilocybin is listed as a prohibited substance in Luxembourg.


Mexico


In Mexico, the possession, growth, sale, and consumption of psilocybin mushrooms are illegal. However, there are relaxed regulations concerning religious use.


Netherlands


Although the possession, growth, sale, and consumption of psilocybin mushrooms are illegal in the Netherlands, a legal loophole allows for the legal possession, growth, sale, and consumption of psilocybin truffles.


New Zealand


Psilocybin is classified as a Class A substance in New Zealand.


Norway


Possession, growth, sale, and consumption of psilocybin mushrooms are illegal in Norway, and spores are also considered illegal.


Sweden


In Sweden, psilocybin mushrooms were added to Schedule I as narcotics on August 1, 1999, indicating that they are substances without recognized medical use.


Switzerland


In Switzerland, mushrooms of the species Conocybe, Panaeolus, Psilocybe, and Stropharia are controlled substances under Verzeichnis D.


Turkey


Psilocybin mushrooms are illegal to possess, grow, sell, and consume in Turkey.


United Kingdom


According to the 2005 Drugs Act, both fresh and prepared psilocybin mushrooms are classified as Class A substances in the United Kingdom.


United States


In the United States, psilocybin and psilocin are classified as Schedule I drugs under the Controlled Substances Act of 1970, making it illegal to manufacture, buy, possess, process, or distribute them without a license from the Drug Enforcement Administration (DEA). However, several states and cities have begun to decriminalize psilocybin mushrooms:


  • Oregon: Measure 109 legalizes the use of psilocybin mushrooms by licensed service providers for individuals aged 21 and older.
  • Colorado: Proposition 122 legalizes the use of psychedelic plants and fungi for adults aged 21 and older.


Italy


In Italy, psilocybin is classified as a Schedule I drug (Tabella 1).