EMCDDA Home
  • EN
Search

Legal status of hallucinogenic mushrooms

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.

Country
Cultivation
Possession
Sale
Belgium

Specifically prohibited by the criminal law of 24 February 1921

Specifically prohibited by the Royal Decree of 22/1/1998

Specifically prohibited (as is offer for sale) by the Royal Decree of 22/1/1998

Czech Republic

‘Mushrooms’ as such not controlled, might be treated as psilocybin/psilocin (prohibited by the Penal Code, s. 187)

Might be treated as psilocybin/psilocin (prohibited by the Penal Code – possession in the quantity ‘greater than small’, s. 187a)

Specifically prohibited by s.15 of the Act on Narcotic and Psychotropic Substances (No. 167/1998 Coll.), but no penalty.May be treated as psilocybin/psilocin, or “promotion of drug use” (any addictive substance other than alcohol)

Denmark

Specifically prohibited by Executive Order 698 of 1993

Specifically prohibited by Executive Order 698 of 1993

Specifically prohibited by Executive Order 698 of 1993

Germany
Illegal if for the purpose of intoxication
Illegal if for the purpose of intoxication
Illegal if for the purpose of intoxication
Estonia

Specifically prohibited by the Narcotic Drugs and Psychotropic Substances Act

Specifically prohibited by the Narcotic Drugs and Psychotropic Substances Act

Specifically prohibited by the Narcotic Drugs and Psychotropic Substances Act

Greece

Prohibited by law 1729/87 (cultivation of any plant from which narcotic substances are produced)

May be treated as psilocin
May be treated as psilocin
Ireland
Illegal if cultivated
Specifically prohibited under Misuse of Drugs Act
Specifically prohibited under Misuse of Drugs Act
Italy

Specifically prohibited under art.26 of DPR 309/90

Specifically listed under Table I of the amended drug law 2006.

Specifically listed under Table I of the amended drug law 2006.

Cyprus

Prohibited by Law 29/77 which prohibits the cultivation of any plant or product from which such substances (class A controlled substances) may be extracted.

Treated as psilocin and psilocybin-prohibited by Law 29/77

Treated as psilocin and psilocybin-prohibited by Law 29/77

Latvia

Illegal under S. 256 of the Penal Code if a repeated offence

Treated as possession of a narcotic substance
Treated as sale of a narcotic substance

Lithuania

Illegal under Art. 265 of the Penal Code: Cultivating large amount of poppies, cannabis or any other plants included in the list of narcotic or psychotropic substances is prohibited.

No specific prohibition.

IlIegal under Art. 44 Code of Administrative Offences.

Illegal under Art. 259/260 of the Penal Code; Treated as possession of a narcotic or psychotropic substances.

 

No specific prohibition.

Illegal under Art. 260 of the Penal Code; Treated as sale of a narcotic or psychotropic substance.

Luxembourg

Treated as psilocybin/ psilocin
Treated as psilocybin/ psilocin
Treated as psilocybin/ psilocin
Hungary

Illegal under Art. 282 of the Penal Code, treated as psilocin.

Illegal under Art. 282 of the Penal Code, treated as psilocin.

Illegal under Art. 282/A of the Penal Code, treated as psilocin.

Netherlands

Specifically prohibited under the Opium Act

Specifically prohibited under the Opium Act.

Specifically prohibited under the Opium Act.

Austria

Illegal if for the purpose of extracting a narcotic substance

Not legally controlled, but the judge may choose to convict for “attempt to commit a drug offence” depending on the motive.

Poland

Specifically prohibited under the Act on Countering Drug Addiction

Specifically prohibited under the Act on Countering Drug Addiction

Specifically prohibited under the Act on Countering Drug Addiction

Portugal
Treated as psilocin
Treated as psilocin
Treated as psilocin
Slovenia
Treated as psilocin
Treated as psilocin
Treated as psilocin
Slovakia

Little experience - may be treated as psilocin. Large quantities may be “preparation” of a drug trafficking offence (same sentence as an offence actually committed).

Little experience - may be treated as psilocin. Large quantities may be “preparation” of a drug trafficking offence (same sentence as an offence actually committed).

Little experience - may be treated as psilocin. Large quantities may be “preparation” of a drug trafficking offence (same sentence as an offence actually committed).

Finland

Treated as a narcotics offence, with severity according to the quantity.

Treated as a narcotics offence with severity according to the quantity.

Treated as a narcotics offence with severity according to the quantity.

Sweden

According to the Ordinance on the Control of Narcotic Drugs (1992:1554) those parts of the fungi Psilocybe semilanceata and Psilocybe cubensis growing above ground shall be considered to be narcotic drugs for the purposes of the Narcotic Drugs Punishments Act (1968:64). The same shall be the case for other fungi containing psilocybin or psilocin, if the fungi have been cultivated or if they have been dried or prepared in other ways.

Cultivation of narcotic drugs is punishable according to the Narcotic Drugs Punishments Act (1968:64).

According to the Ordinance on the Control of Narcotic Drugs (1992:1554) those parts of the fungi Psilocybe semilanceata and Psilocybe cubensis growing above ground shall be considered to be narcotic drugs for the purposes of the Narcotic Drugs Punishments Act (1968:64). The same shall be the case for other fungi containing psilocybin or psilocin, if the fungi have been cultivated or if they have been dried or prepared in other ways.

 

According to the Ordinance on the Control of Narcotic Drugs (1992:1554) those parts of the fungi Psilocybe semilanceata and Psilocybe cubensis growing above ground shall be considered to be narcotic drugs for the purposes of the Narcotic Drugs Punishments Act (1968:64). The same shall be the case for other fungi containing psilocybin or psilocin, if the fungi have been cultivated or if they have been dried or prepared in other ways.

 
United Kingdom

Prohibited by section 21 of the Drugs Act 2005.

Prohibited by section 21 of the Drugs Act 2005. (Illegal whatever form they are in, whether raw or prepared, including when packaged for sale.)

Prohibited by section 21 of the Drugs Act 2005. (Illegal whatever form they are in, whether raw or prepared, including when packaged for sale.)

Norway

Prohibited according to the Regulation regarding Narcotics etc.

Prohibited according to the Regulation regarding Narcotics etc.

Prohibited according to the Regulation regarding Narcotics etc.

 

About the EMCDDA

The European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) is the reference point on drugs and drug addiction information in Europe. Inaugurated in Lisbon in 1995, it is one of the EU's decentralised agencies. Read more >>

Contact us

EMCDDA
Praça Europa 1, Cais do Sodré
1249-289 Lisbon
Portugal
Tel. (351) 211 21 02 00
Fax (351) 218 13 17 11

More contact options >>

Page last updated: Friday, 30 April 2010