Legal status of psilocybin mushrooms
Encyclopedia
The legal status of psilocybin mushrooms varies world-wide. Psilocybin
and psilocin
are listed as Schedule I drugs under the United Nations
1971 Convention on Psychotropic Substances
. Schedule I drugs are defined as drugs with a high potential for abuse that have no recognized medical uses. However, psilocybin mushrooms have had numerous medicinal and religious uses in dozens of cultures throughout history and have a drastically lower potential for abuse than other Schedule I drugs.
Psilocybin mushrooms are not regulated by UN treaties. From a letter, dated Sept 13, 2001, from Herbert Schaepe, Secretary of the UN International Narcotics Control Board
, to the Dutch Ministry of Health:
UN recommendations notwithstanding, many countries have some level of regulation or prohibition of psilocybin mushrooms (for example, the US Psychotropic Substances Act
, the UK Misuse of Drugs Act 1971
, and the Canadian Controlled Drugs and Substances Act
). The prohibition of psilocybin mushrooms has come under criticism because mushrooms are considered soft drugs with a low potential for abuse.
In many national, state, and provincial drug laws, there is a great deal of ambiguity about the legal status of psilocybin mushrooms, as well as a strong element of selective enforcement
in some places. The legal status of Psilocybe spores is even more ambiguous, as the spores contain neither psilocybin nor psilocin, and hence are not illegal to sell or possess in many jurisdictions, though many jurisdictions will prosecute under broader laws prohibiting items that are used in drug manufacture. A few jurisdictions (such as the US states of Georgia and Idaho) have specifically prohibited the sale and possession of psilocybin mushroom spores. Cultivation of psilocybin mushrooms is considered drug manufacture in most jurisdictions and is often severely penalized, though some countries and one US state have ruled that growing psilocybin mushrooms does not qualify as "manufacturing" a controlled substance.
, where at least Psilocybe cubensis
and Panaeolus cyanescens
psychedelic mushrooms grow naturally, only psilocybin is listed, but not the fungal species themselves. The Federal Constitution says that an act must be previously stated as illegal by a law. So, psilocybian mushrooms cannot be considered illegal themselves. There are also no legal jurisprudences available on the topic. Ayahuasca religious usage is authorized, so sacramental mushroom use is expected to fall under the same protection. Also, any drug possession for personal use is punished just with alternative penances, such as public non paid service for a maximum of 10 months, if reincident.
, where the mushrooms grow naturally, it is legal to possess and consume psilocybin mushrooms; however, their sale is illegal.
, possession and consumption of hallucinogenic mushrooms was legal and psilocybin
in its pure form was considered a "Class 1" drug until recently, but it is now illegal to possess Psilocybin Mushrooms as well.
, cultivation of mushrooms have been prohibited since the enactment of the Criminal Law of February 24, 1921. Possession and sale of mushrooms have been prohibited since the Royal Decree of January 22, 1998.
, possession and consumption of psilocybin mushrooms is legal but it is illegal to sell them.
& psilocin
) per UN Convention on Psychotropic Substances
and especially huumausaineasetus of 1994.
The following amendment was added in 2001: "Plants,Parts of plants as well as animals and parts of animals that contain psilocin or psilocibin in processed or unprocessed state as well as fruits, mycelia, seeds, spores and cell cultures that can be used to grow psilocin or psilocibin producing organisms are illegal if a use as drug is intended." Use as a drug is assumed as soon as the organism contains psilocybin. Use as a drug can be suspected (resulting in a house search) when spores or mycelia are found.
. On that date they were made illegal by a ministerial order. This decision was partly based on the death of Dubliner Colm Hodkinson, age 33, who died on 30 October 2005, after consuming legally purchased magic mushrooms and suffering a psychotic reaction . His inquest showed that there were traces of alcohol which were under the national driving limit in his system, suggesting it was the psilocybin that caused the psychotic reaction.
s throughout Japan; according to Hideo Eno of Japan's Health Ministry narcotics division, prior to 2002, "You can find them [psilocybin mushrooms] anywhere." In June 2002, Japan Health, Labor and Welfare Ministry added psilocybin mushrooms to Schedule Narcotics of Narcotic and Psychotropic Drug Control Law, possibly in preparation for the World Cup, and in response to a widely reported case of mushroom poisoning. On this subject, it should be noted that the psychedelic drugs are not physically toxic, and in the case of overdose it is impossible to die of the pharmacological effects of the drug alone. Use, production, trafficking, growing or possession of psilocybin mushrooms is now illegal in Japan.
and Psilocybe cubensis in particular. However, these laws are rarely, if ever, enforced against indigenous
users of psychoactive fungi. The Mexican government has also specifically taken the position that wild occurrence of Psilocybe does not constitute drug production.
– the Dutch prosecutor’s office – stated that prosecution shall be started on possession of 0.5g dried or 5g fresh psychoactive mushrooms. Possession of these minor amounts is allowed and won’t lead to a criminal charge. Before December 2008, unprocessed psychoactive mushrooms were legal to possess, they were not covered under the opium law, therefore making them legal to possess, consume and sell, and could be obtained in "smart shop
s" which specialize in ethnobotanicals
.
Psychoactive mushrooms, whether dried or fresh were legal until 2001, when the Hoge Raad der Nederlanden
– the supreme court of the Netherlands – ruled dry mushrooms to be an illegal preparation of psilocybin
and psilocin
. The limitation to fresh mushrooms (which go bad quite fast) is severely reducing the export of psychoactive mushrooms. In a series of court cases during 2003-2005 this was challenged by a Dutch mushroom wholesaler. The vice president of the International Narcotics Control Board
(INCB) of the UN testified to the court that the UN does not see dried or prepared psilocybin mushrooms as a controlled substance. Explanation: Psilocybin mushrooms are not listed as controlled substances, therefore preparations are also not controlled. Preparations of the controlled substances psilocybin
and psilocin
(i.e. tablets, etc.) are controlled. Various mushroom experts have testified that there is no way to see the difference between passively and actively dried mushrooms. The court decided to agree to other viewpoints of “De Sjamaan” in order not to touch the subject of the UN's stance. The court also decided not to publish the testimony of the vice president of the INCB. The Hoge Raad ruled that:
In October 2007 the Dutch government announced plans to ban the sale of all magic mushrooms, as a result of several incidents involving tourists. One of the incidents being Gaelle Caroff, a French tourist, jumping from a building onto a road fatally wounding herself. On April 25, 2008, the Dutch government, backed by a majority of members of parliament, decided to introduce a bill to parliament banning the cultivation and use of hallucinogenic or "magic mushrooms", including the sale of dried mushrooms except fresh ones. The Dutch VLOS organization answered this decision with a preliminary injunction
, but on November 28 it was published that they lost this. A few species of psylocibin and psylocin-containing sclerotia were not listed in the 2008 law, thus psilocybin-containing fungal compounds are currently still available commercially in the Netherlands. These products, however, are generally found to be weaker, and more difficult to consume due to bad taste, than the previously available mushroom products.
, psilocybin mushrooms are class A drugs, putting them in the highest class of illicit compounds along with heroin and LSD. They do not have to be prepared in any way for possession to be illegal. The penalties are: Possession - 6 months jail; Supply or Manufacture - Life imprisonment.
. Prior to this date, fresh mushrooms were widely available (even in city centre shops), but section 21 of the Drugs Act 2005 made fresh psychedelic mushrooms ("fungi containing psilocybin"), a Class A drug. Prior to these laws being passed, possession and use of psilocybin and psilocin was prohibited, but courts had ruled the law did not apply to naturally-occurring substances containing these compounds, and for a brief period Psilocybe cubensis and other psilocybin mushrooms were sold in farmers markets. Mushrooms spores are not illegal, due to the fact they do not carry psilocybin until they are cultivated.
, Idaho
and California. Additionally; spores are illegal to import, buy, sell, trade, or give away in California
if intended to be cultivated. In the rest of the country, it's not illegal to just sell the spores, but selling them with the purpose of producing hallucinogenic mushrooms is illegal.
The Florida Supreme Court
in 1978 ruled that possession of wild psilocybin mushrooms is not illegal; however, whether knowingly gathering wild psilocybin mushrooms for later use is illegal was not addressed in the decision.
In all states, except New Mexico
, growing psilocybin-containing mushrooms from spores is considered manufacture of a controlled substance. In New Mexico, on June 15, 2005, the New Mexico appeals court ruled that growing psilocybin mushrooms for personal use is not manufacture of a controlled substance.
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Psilocybin
Psilocybin is a naturally occurring psychedelic prodrug, with mind-altering effects similar to those of LSD and mescaline, after it is converted to psilocin. The effects can include altered thinking processes, perceptual distortions, an altered sense of time, and spiritual experiences, as well as...
and psilocin
Psilocin
Psilocin , an aromatic compound, sometimes also spelled psilocine, psilocyn, or psilotsin, is a psychedelic mushroom alkaloid. It is found in most psychedelic mushrooms together with its phosphorylated counterpart psilocybin...
are listed as Schedule I drugs under the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
1971 Convention on Psychotropic Substances
Convention on Psychotropic Substances
The Convention on Psychotropic Substances of 1971 is a United Nations treaty designed to control psychoactive drugs such as amphetamines, barbiturates, benzodiazepines, and psychedelics signed at Vienna on February 21, 1971...
. Schedule I drugs are defined as drugs with a high potential for abuse that have no recognized medical uses. However, psilocybin mushrooms have had numerous medicinal and religious uses in dozens of cultures throughout history and have a drastically lower potential for abuse than other Schedule I drugs.
Psilocybin mushrooms are not regulated by UN treaties. From a letter, dated Sept 13, 2001, from Herbert Schaepe, Secretary of the UN International Narcotics Control Board
International Narcotics Control Board
The International Narcotics Control Board is the independent and quasi-judicial control organ for the implementation of the United Nations drug conventions...
, to the Dutch Ministry of Health:
As you are aware, mushrooms containing the above substances are collected and used for their hallucinogenic effects. As a matter of international law, no plants (natural material) containing psilocine and psilocybin are at present controlled under the Convention on Psychotropic Substances of 1971. Consequently, preparations made of these plants are not under international control and, therefore, not subject of the articles of the 1971 Convention. Criminal cases are decided with reference to domestic law, which may otherwise provide for controls over mushrooms containing psilocine and psilocybin. As the Board can only speak as to the contours of the international drug conventions, I am unable to provide an opinion on the litigation in question.
UN recommendations notwithstanding, many countries have some level of regulation or prohibition of psilocybin mushrooms (for example, the US Psychotropic Substances Act
Psychotropic Substances Act (United States)
The Psychotropic Substances Act of 1978 amended the Controlled Substances Act to ensure compliance with the Convention on Psychotropic Substances...
, the UK Misuse of Drugs Act 1971
Misuse of Drugs Act 1971
The Misuse of Drugs Act 1971 is an Act of Parliament which represents UK action in line with treaty commitments under the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic...
, and the Canadian Controlled Drugs and Substances Act
Controlled Drugs and Substances Act
The Controlled Drugs and Substances Act is Canada's federal drug control statute. Passed in 1996 by the Chrétien government, it repeals the Narcotic Control Act and Parts III and IV of the Food and Drug Act and establishes eight Schedules of controlled substances and two Classes of precursors...
). The prohibition of psilocybin mushrooms has come under criticism because mushrooms are considered soft drugs with a low potential for abuse.
In many national, state, and provincial drug laws, there is a great deal of ambiguity about the legal status of psilocybin mushrooms, as well as a strong element of selective enforcement
Selective enforcement
Selective enforcement is the ability that executors of the law have to arbitrarily select choice individuals as being outside of the law...
in some places. The legal status of Psilocybe spores is even more ambiguous, as the spores contain neither psilocybin nor psilocin, and hence are not illegal to sell or possess in many jurisdictions, though many jurisdictions will prosecute under broader laws prohibiting items that are used in drug manufacture. A few jurisdictions (such as the US states of Georgia and Idaho) have specifically prohibited the sale and possession of psilocybin mushroom spores. Cultivation of psilocybin mushrooms is considered drug manufacture in most jurisdictions and is often severely penalized, though some countries and one US state have ruled that growing psilocybin mushrooms does not qualify as "manufacturing" a controlled substance.
Brazil
In BrazilBrazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
, where at least Psilocybe cubensis
Psilocybe cubensis
Psilocybe cubensis is a species of psychedelic mushroom whose principal active compounds are psilocybin and psilocin. Commonly called Boomers, Cubes or Gold Caps, it belongs to the Strophariaceae family of fungi and was previously known as Stropharia cubensis.-Taxonomy and naming:The species was...
and Panaeolus cyanescens
Panaeolus cyanescens
Panaeolus cyanescens, also known as Copelandia cyanescens, is a mushroom in the Bolbitiaceae family. Panaeolus cyanescens contains psilocin, psilocybin and is similar to Panaeolus tropicalis.- Description :...
psychedelic mushrooms grow naturally, only psilocybin is listed, but not the fungal species themselves. The Federal Constitution says that an act must be previously stated as illegal by a law. So, psilocybian mushrooms cannot be considered illegal themselves. There are also no legal jurisprudences available on the topic. Ayahuasca religious usage is authorized, so sacramental mushroom use is expected to fall under the same protection. Also, any drug possession for personal use is punished just with alternative penances, such as public non paid service for a maximum of 10 months, if reincident.
British Virgin Islands
In the British Virgin IslandsBritish Virgin Islands
The Virgin Islands, often called the British Virgin Islands , is a British overseas territory and overseas territory of the European Union, located in the Caribbean to the east of Puerto Rico. The islands make up part of the Virgin Islands archipelago, the remaining islands constituting the U.S...
, where the mushrooms grow naturally, it is legal to possess and consume psilocybin mushrooms; however, their sale is illegal.
Bulgaria
In BulgariaBulgaria
Bulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...
, possession and consumption of hallucinogenic mushrooms was legal and psilocybin
Psilocybin
Psilocybin is a naturally occurring psychedelic prodrug, with mind-altering effects similar to those of LSD and mescaline, after it is converted to psilocin. The effects can include altered thinking processes, perceptual distortions, an altered sense of time, and spiritual experiences, as well as...
in its pure form was considered a "Class 1" drug until recently, but it is now illegal to possess Psilocybin Mushrooms as well.
Belgium
In BelgiumBelgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
, cultivation of mushrooms have been prohibited since the enactment of the Criminal Law of February 24, 1921. Possession and sale of mushrooms have been prohibited since the Royal Decree of January 22, 1998.
Canada
Mushroom spore kits and grow kits are legal and are sold openly in stores or on the internet as the spores and kits themselves are legal. Psilocybin and psilocin are illegal to possess, obtain or produce without a prescription or license as they are schedule III under the Controlled Drugs and Substances Act. Psilocybin and Psilocin are illegal to import or export because it's illegal to transport foreign fruits and vegetables across the border except by a licensed importer or exporter.Czech Republic
In the Czech RepublicCzech Republic
The Czech Republic is a landlocked country in Central Europe. The country is bordered by Poland to the northeast, Slovakia to the east, Austria to the south, and Germany to the west and northwest....
, possession and consumption of psilocybin mushrooms is legal but it is illegal to sell them.
Denmark
The sale, possession, and consumption of psilocybin have long been illegal; however the sale, possession, and consumption of psilocybin mushrooms was legal until July 1, 2001, when the Danish Ministry of Health prohibited them.Finland
As of 1 September 2008, the new 1st section of the 50th chapter of the penal code specially prohibits (attempt of) growing Psilocybe mushroom. However, they have already been illegal to possess, grow, sell or use at least since 1 January 1994 based on the chemicals they contain (psilocybinPsilocybin
Psilocybin is a naturally occurring psychedelic prodrug, with mind-altering effects similar to those of LSD and mescaline, after it is converted to psilocin. The effects can include altered thinking processes, perceptual distortions, an altered sense of time, and spiritual experiences, as well as...
& psilocin
Psilocin
Psilocin , an aromatic compound, sometimes also spelled psilocine, psilocyn, or psilotsin, is a psychedelic mushroom alkaloid. It is found in most psychedelic mushrooms together with its phosphorylated counterpart psilocybin...
) per UN Convention on Psychotropic Substances
Convention on Psychotropic Substances
The Convention on Psychotropic Substances of 1971 is a United Nations treaty designed to control psychoactive drugs such as amphetamines, barbiturates, benzodiazepines, and psychedelics signed at Vienna on February 21, 1971...
and especially huumausaineasetus of 1994.
Germany
The sale, possession, and cultivation of psilocybin have been illegal since Executive Order 698 of 1993The following amendment was added in 2001: "Plants,Parts of plants as well as animals and parts of animals that contain psilocin or psilocibin in processed or unprocessed state as well as fruits, mycelia, seeds, spores and cell cultures that can be used to grow psilocin or psilocibin producing organisms are illegal if a use as drug is intended." Use as a drug is assumed as soon as the organism contains psilocybin. Use as a drug can be suspected (resulting in a house search) when spores or mycelia are found.
Greece
Cultivation is legal by September 2011. For sale and possession, hallucinogenic mushrooms may be treated as psylocin.Ireland
Until 31 January 2006, unprepared psilocybin mushrooms were legal in IrelandRepublic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
. On that date they were made illegal by a ministerial order. This decision was partly based on the death of Dubliner Colm Hodkinson, age 33, who died on 30 October 2005, after consuming legally purchased magic mushrooms and suffering a psychotic reaction . His inquest showed that there were traces of alcohol which were under the national driving limit in his system, suggesting it was the psilocybin that caused the psychotic reaction.
Japan
Prior to 2002, psilocybin mushrooms were widely available in Japan and were often sold in mail-order shops, online vendors and in head shopHead shop
A head shop is a retail outlet specializing in drug paraphernalia used for consumption of cannabis, other recreational drugs, legal highs, legal party powders and New Age herbs, as well as counterculture art, magazines, music, clothing, and home decor; some head shops also sell oddities, such as...
s throughout Japan; according to Hideo Eno of Japan's Health Ministry narcotics division, prior to 2002, "You can find them [psilocybin mushrooms] anywhere." In June 2002, Japan Health, Labor and Welfare Ministry added psilocybin mushrooms to Schedule Narcotics of Narcotic and Psychotropic Drug Control Law, possibly in preparation for the World Cup, and in response to a widely reported case of mushroom poisoning. On this subject, it should be noted that the psychedelic drugs are not physically toxic, and in the case of overdose it is impossible to die of the pharmacological effects of the drug alone. Use, production, trafficking, growing or possession of psilocybin mushrooms is now illegal in Japan.
Mexico
Psilocin and psilocybin are prohibited under the Ley General de Salud of 1984, which also specifically mentions psilocybin-containing fungi as being covered by the law, and mentions Psilocybe mexicanaPsilocybe mexicana
Psilocybe mexicana is a psychedelic mushroom. It is from this species that Dr. Albert Hofmann first isolated and named the active compounds, psilocybin and psilocin in 1958. It was first used by the early natives of Central America and North America over 2,000 years ago, known to theAztecs as...
and Psilocybe cubensis in particular. However, these laws are rarely, if ever, enforced against indigenous
Indigenous peoples of the Americas
The indigenous peoples of the Americas are the pre-Columbian inhabitants of North and South America, their descendants and other ethnic groups who are identified with those peoples. Indigenous peoples are known in Canada as Aboriginal peoples, and in the United States as Native Americans...
users of psychoactive fungi. The Mexican government has also specifically taken the position that wild occurrence of Psilocybe does not constitute drug production.
The Netherlands
Since December 2008 possession of both dry and fresh psychoactive mushrooms has been forbidden by law. The Openbaar MinisterieOpenbaar Ministerie
The Public Prosecution Service is the body of public prosecutors in the Netherlands. Together with the judges, it forms the judiciary in the Dutch criminal justice system....
– the Dutch prosecutor’s office – stated that prosecution shall be started on possession of 0.5g dried or 5g fresh psychoactive mushrooms. Possession of these minor amounts is allowed and won’t lead to a criminal charge. Before December 2008, unprocessed psychoactive mushrooms were legal to possess, they were not covered under the opium law, therefore making them legal to possess, consume and sell, and could be obtained in "smart shop
Smart shop
A smart shop is a retail establishment that specializes in the sales of psychoactive substances, usually including psychedelics, as well as related literature and paraphernalia...
s" which specialize in ethnobotanicals
Ethnobotany
Ethnobotany is the scientific study of the relationships that exist between people and plants....
.
Psychoactive mushrooms, whether dried or fresh were legal until 2001, when the Hoge Raad der Nederlanden
Hoge Raad der Nederlanden
The Supreme Court of the Netherlands is the highest court of the Netherlands, Curaçao, Sint Maarten and Aruba. The Court was established on 1 October 1838 and sits in The Hague, Netherlands....
– the supreme court of the Netherlands – ruled dry mushrooms to be an illegal preparation of psilocybin
Psilocybin
Psilocybin is a naturally occurring psychedelic prodrug, with mind-altering effects similar to those of LSD and mescaline, after it is converted to psilocin. The effects can include altered thinking processes, perceptual distortions, an altered sense of time, and spiritual experiences, as well as...
and psilocin
Psilocin
Psilocin , an aromatic compound, sometimes also spelled psilocine, psilocyn, or psilotsin, is a psychedelic mushroom alkaloid. It is found in most psychedelic mushrooms together with its phosphorylated counterpart psilocybin...
. The limitation to fresh mushrooms (which go bad quite fast) is severely reducing the export of psychoactive mushrooms. In a series of court cases during 2003-2005 this was challenged by a Dutch mushroom wholesaler. The vice president of the International Narcotics Control Board
International Narcotics Control Board
The International Narcotics Control Board is the independent and quasi-judicial control organ for the implementation of the United Nations drug conventions...
(INCB) of the UN testified to the court that the UN does not see dried or prepared psilocybin mushrooms as a controlled substance. Explanation: Psilocybin mushrooms are not listed as controlled substances, therefore preparations are also not controlled. Preparations of the controlled substances psilocybin
Psilocybin
Psilocybin is a naturally occurring psychedelic prodrug, with mind-altering effects similar to those of LSD and mescaline, after it is converted to psilocin. The effects can include altered thinking processes, perceptual distortions, an altered sense of time, and spiritual experiences, as well as...
and psilocin
Psilocin
Psilocin , an aromatic compound, sometimes also spelled psilocine, psilocyn, or psilotsin, is a psychedelic mushroom alkaloid. It is found in most psychedelic mushrooms together with its phosphorylated counterpart psilocybin...
(i.e. tablets, etc.) are controlled. Various mushroom experts have testified that there is no way to see the difference between passively and actively dried mushrooms. The court decided to agree to other viewpoints of “De Sjamaan” in order not to touch the subject of the UN's stance. The court also decided not to publish the testimony of the vice president of the INCB. The Hoge Raad ruled that:
- There is no definition in regards to water content, which differentiates between a dry mushroom and a fresh mushroom.
- Passively dried mushrooms (natural desiccation) are legal.
- A police officer is not skilled to differentiate between a fresh and dry mushroom.
In October 2007 the Dutch government announced plans to ban the sale of all magic mushrooms, as a result of several incidents involving tourists. One of the incidents being Gaelle Caroff, a French tourist, jumping from a building onto a road fatally wounding herself. On April 25, 2008, the Dutch government, backed by a majority of members of parliament, decided to introduce a bill to parliament banning the cultivation and use of hallucinogenic or "magic mushrooms", including the sale of dried mushrooms except fresh ones. The Dutch VLOS organization answered this decision with a preliminary injunction
Preliminary injunction
A preliminary injunction, in equity, is an injunction entered by a court prior to a final determination of the merits of a legal case, in order to restrain a party from going forward with a course of conduct or compelling a party to continue with a course of conduct until the case has been decided...
, but on November 28 it was published that they lost this. A few species of psylocibin and psylocin-containing sclerotia were not listed in the 2008 law, thus psilocybin-containing fungal compounds are currently still available commercially in the Netherlands. These products, however, are generally found to be weaker, and more difficult to consume due to bad taste, than the previously available mushroom products.
New Zealand
In New ZealandNew Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
, psilocybin mushrooms are class A drugs, putting them in the highest class of illicit compounds along with heroin and LSD. They do not have to be prepared in any way for possession to be illegal. The penalties are: Possession - 6 months jail; Supply or Manufacture - Life imprisonment.
United Kingdom
As of 18 July 2005, both fresh and "prepared" (that is, dried, cooked or made into a tea) psilocybin mushrooms were made illegal in the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. Prior to this date, fresh mushrooms were widely available (even in city centre shops), but section 21 of the Drugs Act 2005 made fresh psychedelic mushrooms ("fungi containing psilocybin"), a Class A drug. Prior to these laws being passed, possession and use of psilocybin and psilocin was prohibited, but courts had ruled the law did not apply to naturally-occurring substances containing these compounds, and for a brief period Psilocybe cubensis and other psilocybin mushrooms were sold in farmers markets. Mushrooms spores are not illegal, due to the fact they do not carry psilocybin until they are cultivated.
United States
In the United States, possession of psilocybin-containing mushrooms is illegal because they contain the Schedule I drugs psilocin and psilocybin. Spores, however, which do not contain psychoactive chemicals, are only explicitly illegal in GeorgiaGeorgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
, Idaho
Idaho
Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....
and California. Additionally; spores are illegal to import, buy, sell, trade, or give away in California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
if intended to be cultivated. In the rest of the country, it's not illegal to just sell the spores, but selling them with the purpose of producing hallucinogenic mushrooms is illegal.
The Florida Supreme Court
Florida Supreme Court
The Supreme Court of the State of Florida is the highest court in the U.S. state of Florida. The Supreme Court consists of seven judges: the Chief Justice and six Justices who are appointed by the Governor to 6-year terms and remain in office if retained in a general election near the end of each...
in 1978 ruled that possession of wild psilocybin mushrooms is not illegal; however, whether knowingly gathering wild psilocybin mushrooms for later use is illegal was not addressed in the decision.
In all states, except New Mexico
New Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...
, growing psilocybin-containing mushrooms from spores is considered manufacture of a controlled substance. In New Mexico, on June 15, 2005, the New Mexico appeals court ruled that growing psilocybin mushrooms for personal use is not manufacture of a controlled substance.
Further reading
- International Legal Status of Psilocybin Mushrooms Ananda Schouten, ErowidErowidErowid, also called The Vaults of Erowid, is an online library of information about psychoactive plants and chemicals and other topics on altered states of consciousness such as meditation and lucid dreaming. It provides information about legal and illegal substances, including their desired and...
, 2004 - UN's INCB Psilocybin Mushroom Policy Herbert Schaepe, 2001
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