Legal status of hallucinogenic mushrooms

Legal Status Magic Mushrooms depends on National law

A lot of questions are being ask on the legality of magic mushroom grow kits , spores and truffles. It is difficult to keep track on individual or national laws (some not provide in English, makes it hard to read) some change to a more liberal of coping with the cultivation or use of magic mushrooms other countries get more strict and tighten the web of laws and rules and prohibit sales, use and cultivation of magic mushrooms.

 

The prohibition of these substance frustrates fundamental research and development of new therapies. But it also takes away the freedom of people to enjoy these relatively safe  gifts of nature in peace and experiment with their feelings, mind and openness.

At the end of this post there is an EU-publication about the legal status of mushrooms. Nothing has been said about magic mushroom grow kits, truffles or spores. If you as a reader has any information or English versions of your national law please feel free to comment (as well on other issues).

The Dutch-case: Mushrooms and truffles

The Netherlands with it's liberal rules on drug use was the example for other countries (and some filmmakers) to use in positive or negative way to form their own laws/visions on drug use. But with the ban on first dried and in 2008 fresh mushrooms an end came to the liberal laws. The next step is prohibit cannabis for tourist and nobody will be surprised if the government or future governments will prohibit cannabis for  Dutch citizens also. So when Portugal en the Czech Republic have change there attitude to drugs-use and adopt there own version of the Dutch 'gedoogbeleid' the Dutch State is turning it's back to it's liberal past. Under pressure of  neighbor countries France and Germany, The European Commission and a more conservative Dutch government laws are changing for us and restricting personal use, experience and forcing mind exploring people in to criminals.

But again there is still hope because not all laws can be forced upon us over a forth night. Still truffles, mushroom grow kits and spores are legal to own and purchase in the Netherlands. Also the picking of natures gift the  mushroom is in no way illegal.

Legal status of hallucinogenic mushrooms in European Countries

This article  is from the EMCDDA an EU organisation on monitoring drugs and drugs addiction. The table with laws and restrictions is lasted update on 30th of  April 2010 it is possible that not all information is actual and changes could be made in the laws of your country. As you can read below some European States restrict the mushroom itself other prohibit psilocin or psilocybin. The mushroom grow kit are containing hibernating mycelia which contains a very small 0,0 something % of psilocin/ psilocybin, however small percentage is this can still be enough to get them restricted in your country. Spores vials or prints  are containing no trace of these substances and possession is  in most cases accepted. (no source for this information)

Notice also this sentence  “cultivation of any plant for the purposes of making a psychoactive substance” if it's in your national law your are clearly not in liberty to grow for personal use. But laws can be, will be and are  interpreted in other ways (in other times)

The article of  The European Monitoring Centre for Drugs and Drug Addiction

Mushrooms containing psilocin or psilocybin are known as hallucinogenic or "magic" mushrooms. Psilocin and psilocybin are controlled substances under Schedule 1 of the 1971 UN Convention on Psychotropic Substances, so all Member States control them accordingly. However, the control of the mushrooms themselves is interpreted in many different ways across Europe – this may reflect the extent to which they grow freely in certain conditions, and the fact that they appear to be a somewhat regional phenomenon.

In some countries, the law specifically lists hallucinogenic mushrooms themselves as a controlled substance and forbids their sale or possession.Some will simply treat the mushrooms as being the controlled substances of psilocin or psilocybin in compound form.Some look at the intent of the act; they ban cultivation, possession or sale only when for the purposes of abuse. Their condition is also considered – fresh mushrooms might not be considered illegal, but prepared or treated mushrooms are illegal – again perhaps reflecting the intent.Interpretation of the term “prepared” or “treated” may become a complex matter for the courts.Others use a catch-all phrase in the law (“cultivation of any plant for the purposes of making a psychoactive substance”).Finally, a number of countries remain with unclear legislation, simply as there have been so few cases that have come to court.