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Psilocybin Mushrooms
Legal Status
by Erowid
U.S. FEDERAL LAW #
Caution :   All legal information should be verified through other sources. [see below]
U.S. FEDERAL LEGAL SUMMARY
Psilocybin Mushrooms
REGULATED
Yes
STATUS
Scheduled
SCHEDULE
Contains
Schedule I Chemical
CLASSIFICATION
Hallucinogen
Psilocybin mushrooms are not specifically named in the U.S. federal scheduling system, however their two primary active chemicals Psilocybin and Psilocin are both Schedule I in the United States. This means they are illegal to manufacture, buy, possess, or distribute (sell, trade or give) without a DEA license. Fresh and dried psilocybin mushrooms are considered containers of Psilocybin and Psilocin, making them illegal to possess as well.

Because spores contain no psilocybin or psilocin, they are legal to sell and possess (in all states except California, Georgia, and Idaho). But in most states, it is illegal to cultivate or propogate spores into mycelium since mycelium generally contains both psilocybin and psilocin.

Some states in the U.S. and some countries have ruled that growing psilocybe mushrooms does not qualify as 'manufacturing' a controlled substance (psilocybin).

U.S. STATE LAW #
Psilocybin mushrooms are illegal in every state in the United States except Florida (see below).
Specific state laws can be accessed through this state-by-state list. An Overview of case law for several states can be accessed here.

Psilocybin Mushroom spores are legal to possess in every state except California, Georgia, and Idaho. (see details).

Florida #
Florida stands out because of a decision in 1978 in Fiske v Florida by the Florida Supreme Court which ruled that wild-picked psilocybin mushrooms could not be legally considered "containers" of psilocybin and thus would have to be specifically listed in Florida law by the legislature if they meant to make them illegal. Since the Florida legislature has not chosen to change the laws since then, wild Psilocybin mushrooms are presumptively legal to possess in Florida. This does not mean police won't arrest people for possession of even wild mushrooms, but this has been used as a successful defense against such charges.
New Mexico #
New Mexico appels court ruled on June 16, 2005, that growing psilocybin mushrooms for personal consumption could not be considered "manufacturing a controlled substance" under state law. Growing hallucinogenic mushrooms not illegal, state appeals court rules - June 16 2005
INTERNATIONAL LAW #
Psilocybin mushrooms are not specifically listed by the United Nations International treaties and the laws regarding them vary quite a bit around the world. States which are party to the UN Drug Control Program are free to decide for themselves whether to control them.

See A. Schouten's overview of the international legal status of Psilocybin Mushrooms.

Australia #
Psilocine and psilocybine are illegal to possess or sell under the Criminal Code Act of 1995 (CCA). We have received a report that harvested psilocybin-containing mushrooms are considered illegal "preperations" throughout Australia, and growing psilocybin mushrooms consitutes "manufacturing illegal drugs" and carries even higher penalties. (thanks Torsten) The mushrooms themselves are subject to specific controls in some states or territories.

"Any plant of the genus Psilocybe" is restricted under the "Border controlled plant" provisions of the CCA (see section 314.5 of the Criminal Code). This makes Psilocbye mushrooms illegal to import and export, and illegal to possess if they have been imported. We have received an unconfirmed report that it is possible to import or export of psilocybin mushroom spore prints for purposes of microscopy, though this technically may be a violation of the CCA (thanks A Moffett). (updated Apr 2008)
Brazil #
Psilocybin and psilocin are controlled substance in Brazil. We received a report from a Brazilian public lawyer that psilocybin-containing mushrooms cannot be considered vessels of psilocybin and psilocin under Brazilian law and are not illegal. This is because the Brazilian constitution does not allow punishment for any act that is not specifically forbidden. In addition, there is a legal precedent for the religious use of ayahuasca tea in Brazil. The sacramental use of psilocybin mushrooms is considered to fall under the same protection. (thanks Roldan, P)
Canada #
Both Psilocybin and Psilocin are schedule III in Canada. (Note: Canadian schedules are very different than U.S. schedules). See Psychoactive-Related Laws for Canada
Denmark #
The Danish Ministry of Health declared that is would make psilocybin mushrooms illegal to possess, buy, and sell as of July 1, 2001.http://www.stiften.dk/artikel:aid=23734 (English Translation)
Finland #
Psilocybin mushrooms are illegal to cultivate, possess, or sell in Finland. (see ELDD mushrooms page) (thanks VG)
Germany #
We have received some confusing information about the current status of fresh psilocybin-containing mushrooms in Germany. Some reports suggest that even dried psilocybin mushrooms are currently legal under a loophole in the law that was recently approved by a court. One writer suggested that the issue is that a recent court case involving NG Eurotrade found that the law, as written, failed to include mushrooms in the correct place and only included them in the appendices rather than the main body of the law. The appendices, by law, are not allowed to expand the law, only to explain and narrow it. So it is now required the law be re-written to include psilocybin-containing mushrooms in the correct place.

However, another explanation was given:
Eurotrade got a taxnumber in nl which made their business legal. according to eu-regulations you may sell everything in every country belonging to the EU that may be sold in any European Union country. However, at the moment it quite hard to get fresh mushrooms in .de (dried are still illegal) because shortly after Eurotrade started shipping, the government arrested several dealers. As far as I know, no one was convicted, but most people are afraid now. (thanks JL) (last updated Apr 2006)
And finally another contributor wrote writes:
"In Germany, Psilocybin Mushrooms are legal to buy/order from the internet, but there are special restrictions (must be a "small amount" for own needs, i.e. about approx. 100gr of fresh stropharia cubensis; also, they must not be bought in order to consume but for other use). Dried Mushrooms are illegal to buy/possess." (unconfirmed) (thanks W)
And currently http://www.pilzkoepp.de/index.php?show_content=taxi openly advertises taxi delivery of fresh psilocybin-containing mushrooms. (thanks R)
Hong Kong #
Psilocybin is a controlled substance and the Hong Kong Narcotics Bureau considers psilocybin-containing mushrooms to be controlled under Schedule I, Part I, of the Dangerous Drug Ordinance. Magic Mushroom, a dangerous drug, July 2002.
India #
Psilocybin-containing mushrooms are illegal in India, but in some parts of the country they are ignored by authorities, places like Old Manali, Karela (Idiki), and Kodaikanal. (unconfirmed) (thanks C)
Ireland #
Following Britain's 2005 ban of psilocybin-containing mushrooms, Ireland banned the sale and use of psilocybin mushrooms in January 2006. See RTE.ie : 'sale and use of magic mushrooms banned' (last updated Jan 31, 2006).
Japan #
According to Japanese news, psilocybin mushrooms have been outlawed specifically in Japan as of June 2002. Several visitors have written in to erowid to confirm this and have said that there have been a few busts reported. Before June 2002, psilocybin mushrooms were readily available in large cities in Japan from street vendors and specialty shops.
Netherlands #
Psilocybin-containing mushrooms are legal to sell and possess as long as they are not for consumption. Psilocybin and psilocin are both listed "hard drugs" in the Netherlands, but a Hoge Raad (high court) decision rendered the fresh mushrooms legal. Drying or otherwise preparing mushrooms for ingestion changes their status to containers of the 'hard drugs'. As of April, 2003, fresh psilocybin-containing mushrooms were for sale through smartshops in Amsterdam. For more information, see Psilocybin Mushroom Law in the Netherlands. Additionally, personal possession of a small quantity (up to "5 portions"?) of prepared or dried mushrooms is not prosecuted. As of June 2006, the ministry of justice has the following question and answer posted to its website (see www.justitie.nl) : "Can I buy mushrooms as a minor? Fresh mushrooms can be bought by anyone. Hallucinogenic mushrooms that are dried or added to food products are forbidden and fall under the Opium Law (Dutch drug law)." (Translated by Uil, thanks iron_max)

Update: In June 2007, the Dutch Justice Ministry announced that the sale of all psilocybin-containing mushrooms will be illegal. The new regulation is scheduled to take effect "in several months". (see article). This move comes in the aftermath of an investigation ordered by Dutch Health Minister Ab Klink in May 2007 following the widely-publicized suicide of a 17-year-old French tourist under the influence of mushrooms (see article).
Norway #
Mushrooms that are dried, planted or otherwise "tampered with" and contain Psilocybin are considered Schedule I, and are illegal to buy or possess without a license. Pure Psilocybin is also Schedule I. See Norway Law. (thanks Y)
Poland #
Psilocybin is schedule I (I-P group) in Poland. (unconfirmed)
Switzerland #
Psilocybin-containing mushrooms are controlled. In 2006, the "Sacred Mushroom Church of Switzerland" was raided and shut down and its operator, David Schlesinger, was arrested. See http://cannabisculture.com/articles/4788.html.
Thailand #
Psilocybe cubensis, or "Psilocybine" or "Psilocine"-containing plants "including all parts e.g. flower, stem, spore." are illegal to possess or sell in Thailand, as of October 1988. See UNDCP's Excerpt of law.
U.K. #
Psilocybin and psilocin are both illegal to possess and sell in Britain. As of July 18, 2005, fresh psilocybin mushrooms are now also controlled. See U.K. Mushroom Law Timeline 2002+.

  • 2005, Jul 18: Mushroom ban in U.K. began on July, 18, 2005 when the Home Office clarified that the accidental picking of psilocybin mushrooms or having them grow inadvertently on property would not be subject to the law. Fresh mushrooms are now considered a Class A drug under this new law.
  • 2005, Apr 7: The British government has passed a new Drugs Bill expanding police powers and explicitly making fresh mushrooms illegal. Drugs Bill Receives Royal Assent, Drugs.gov.uk, Text of Drugs Bill.
  • 2005, Feb 19: U.K. government recently went ahead with prosecuting new cases against vendors of fresh mushrooms despite the previous court ruling that prosecution under the current law would be an "abuse of process" because the laws are too vague. The Guardian : Magic mushroom dealers face new test cases, Feb 19, 2005
  • See British Mushroom Law Timeline 2002-2005
Dried magic mushrooms have a Class A drug status, which means that the prison sentence for possession and distribution could be similar to that of other Class A drugs such as L.S.D, Heroin, Cocaine & Crack, but even dried shrooms are not considered a police priority. It is uncommon for someone to be seriously prosecuted for simple possession, and 'accidentally dried' mushrooms have generally been overlooked.
If you have information about the legal status of this substance in any other country, please let us know.

CAUTION & DISCLAIMER #
Erowid legal information is a summary of data gathered from site visitors, government documents, websites, and other resources. We are not lawyers and can not guarantee the accuracy of the information provided here. We do our best to keep this information correct and up-to-date, but laws are complex and constantly changing. Laws may also vary from one jurisdiction to another (county, state, country, etc)...this list is not comprehensive.