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Feb 22, 2023
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Where Are Mushrooms Legal? The Ultimate Guide [2023]

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These countries have made at least some form of psilocybin totally legal to possess and consume, and possibly legal to sell and transport.

BRAZIL

Although psilocybin is technically illegal in Brazil, psilocybin-containing mushrooms are not illegal to possess, consume, or sell. In Brazil, specific laws must be instituted to make activities illegal. As such, there are no cases of arrests related to psilocybin.

Additionally, the natural psychedelic ayahuasca is legal for sacramental use in Brazil, and this law can also apply to psilocybin mushrooms, if used in a sacramental setting.

BRITISH VIRGIN ISLANDS

Sale and transport of psilocybin mushrooms is technically illegal, but authorities do not prohibit possession and consumption of psilocybin. Having said that, many places will sell them to tourists without apparent consequences. 

Although some details are unclear, it appears that you won’t get in trouble for drinking a “shroom shake” in BVI.

JAMAICA

The use of magic mushrooms in Jamaica appears to be totally legal–or at least, authorities turn a blind eye. As long as you behave responsibly, there’s no need to worry. 

You can even book a magic mushroom retreat and enjoy your mushrooms in the context of spiritual development.

NETHERLANDS

Due to a loophole in a law designed to prohibit the use of psilocybin, you can still purchase and consume psilocybin in the form of “magic truffles.” Truffles are a different part of the mushroom, known as the sclerotia, which remains dormant and helps the mushroom regrow after damage. 

Spores and growing kits are also legal. Just be aware that many forms of psilocybin mushrooms are still illegal to possess and sell, dry or fresh.

Interested in a legal psilocybin truffle retreat? Visit the Synthesis retreat in Amsterdam.

These countries may have different laws regarding dried/fresh mushrooms, may allow the cultivation of mushrooms or the sale of psilocybin-mushroom spore syringes, or may just have safe havens where law enforcement selectively ignores laws.

AUSTRIA

A recent law changed the legal status of psilocybin, meaning that its use is now decriminalized, but you may be required to attend therapy if caught. 

Spores and grow kits are legal to buy, and you can even grow your own mushrooms–as long as you don’t eat them when they’re ready.

CANADA

According to the Canadian Government’s website, the “the production, sale and possession of magic mushrooms are illegal in Canada.” 

Health Canada granted an exemption from the Controlled Drugs and Substances Act to the Province of B.C. which is effective from January 31, 2023 to January 31, 2026.

Under this exemption, adults (18 years and older) in B.C. are not going to be arrested or charged for possessing small amounts of certain illegal drugs for personal use. Unfortunately, psilocybin is not included on this list.

However, mushroom dispensaries (both local and online) operate publicly in Canada and have been for years. It’s similar to how cannabis shops operated under the grey zone before legalization.

COSTA RICA

Lots of magic mushrooms grow in Costa Rica, and there are many stories of people collecting them for personal use. We have not heard any stories of people being arrested for possession, sale, or consumption.

However, magic mushrooms are technically banned in Costa Rica because the country has a fixed penalty for selling or possessing any drugs included on the List of Controlled Substances (including psilocybin). 

CZECH REPUBLIC

The cultivation of magic mushrooms has been decriminalized in the Czech Republic, as long as you are growing a “small” amount. Possession of large amounts is still illegal.

INDONESIA

Although Indonesia has ridiculously harsh drug laws that could see you in prison for a long time, a psilocybin paradise exists on the Gili Islands near Bali. Still, psilocybin mushrooms are officially illegal, and their possession could be risky.

MEXICO

Psilocybin is officially illegal to possess, cultivate, and sell in Mexico. However, authorities turn a blind eye to sacramental or traditional use and cultivation of fresh mushrooms. This is in line with the interpretation of the UNODC Bulletin, allowing the sacramental use of psychotropic preparations.

PORTUGAL

Psilocybin mushrooms are decriminalized in Portugal, meaning you can possess small amounts of them without going to jail. However, you’ll end up with court-mandated rehabilitation or therapy if you get caught.

SPAIN

While mostly illegal in Spain, psilocybin mushrooms’ personal use has been decriminalized. There is a considerable amount of ambiguity surrounding the use of grow kits and spores, as well as the possession of small amounts of fresh mushrooms. It’s best to not take any risks.

THAILAND

Psilocybin is illegal in Thailand, and like in many Southeast Asian countries, the implications can be severe. Having said that, there are a few relatively safe havens that offer “shroom shakes.” Be sensible; it’s probably not worth the risk.

 

Where are mushrooms (psilocybin) illegal?

These countries don’t allow any form of psilocybin. You can’t buy growing kits or spores, you can’t possess small quantities, and you can’t even pick naturally growing mushrooms in the wild.

Most countries are in this category, but we believe this will change in time.

AUSTRALIA

All hallucinogens are illegal in Australia. Listen to our interview with Dr Stephen Bright to hear more about drug stigma in Australia and how it impacts medical research.

BULGARIA

Psilocybin is illegal in all forms, to possess, consume, sell, and transport.

BELGIUM

Possession, sale, cultivation, and use of psilocybin mushrooms is illegal in Belgium by royal decree.

CYPRUS

The law states that any substance or plant from which psilocybin can be extracted is illegal.

DENMARK

All aspects of psilocybin mushroom cultivation, sale, and use have been illegal in Denmark since 2001.

ESTONIA

Psilocybin mushrooms have been specifically prohibited for possession, use, and sale.

FINLAND

In addition to psilocybin being illegal, the growing of psilocybin mushrooms has been prohibited since 2008. Punishments are based on quantity.

FRANCE

All aspects of psilocybin use, sale, and possession have been illegal for over 50 years in France.

GERMANY

In 2001, an amendment to already prohibitive drug laws made sure to totally restrict the cultivation of any psilocybin-containing plant or animal (yes, animal…).

GREECE

Psilocybin is completely illegal, as is the cultivation of psilocybin mushrooms.

HUNGARY

Psilocybin possession, sale, and cultivation are illegal.

IRELAND

Psilocybin is illegal to sell, possess, and use. Since 2006, cultivation of psilocybin mushrooms has also been illegal.

ITALY

All aspects of psilocybin cultivation and use are illegal.

JAPAN

Although a legal loophole previously allowed the use of psilocybin mushrooms in Japan, this was directly outlawed in 2002.

LATVIA

Psilocybin is illegal, although cultivation is apparently ignored if it’s a first offense.

LITHUANIA

Psilocybin is illegal to possess and sell, although cultivation is only illegal if in a “large amount.”

NEW ZEALAND

Psilocybin mushrooms are Class A drugs, and all forms of psilocybin are illegal.

NORWAY

Illegal according to the Regulations Regarding Narcotics.

POLAND

All forms of psilocybin are illegal to possess, sell, cultivate, and use.

RUSSIA

All forms of psilocybin are illegal to possess, sell, cultivate, and use.

SOUTH AFRICA

Psilocybin in all forms is illegal to possess, sell, cultivate, and use.

SWEDEN

Sweden has a zero-tolerance drug policy. As such, any fungi containing psilocybin are apparently illegal to cultivate. 

TURKEY

Information is unclear about psilocybin’s legal status in Turkey, but it can be assumed to be highly prohibited.

UK

Prior to 2005, fresh psilocybin mushrooms were entirely legal in the UK. However, since then they have been specifically prohibited by section 21 of the Drugs Act.

 



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