What is the Legality of Psilocybin Mushrooms?

What is the Legality of Psilocybin Mushrooms?

You can find magic mushrooms almost everywhere and its use as a medicinal and ritualistic substance is undeniable. From many ancient cultures to many different peoples around the world, psilocybin mushrooms have been used and enjoyed. It is currently recognized as a Schedule I drug under the United Nations 1971 Convention on Psychotropic Substances. Drugs and substances that are classified under Schedule I are those with high potential for abuse or those that may have no medical use. This, of course, has been largely debated causing differences in the legal status of psilocybin mushrooms around the globe.

Many countries prohibit the use of psilocybin mushrooms but up to some extent. In the United States, the Psychotropic Substances Act, the UK Misuse of Drugs Act 1971 and the Canadian Controlled Drugs and Substances Act, place some level of regulation on magic mushrooms. The prohibition of magic mushrooms stems from researchers and users who see the capacity of this substance to be used as therapeutic treatments. There is some research that proves that psilocybin mushrooms may be useful to drug addiction, PTSD and other mental conditions. There are also studies that point to magic mushrooms low medical risks compared to other regulated and psychotropic drugs. 

Regulation of magic mushrooms per country

This is a list of countries that have specific regulations against psilocybin mushrooms. Included also are countries that prohibit its use up to some extent.

  • Australia – it is illegal to possess, sell, cultivate and transport psilocybin mushrooms despite mushrooms being native to the country.
  • Brazil – it is legal to possess, sell, cultivate and transport magic mushrooms in Brazil. Mushrooms are sold mostly over the internet.
  • British Virgin Islands – mushrooms are found naturally all over the country and it is legal to possess and consume psilocybin. The sale is illegal, however; there are businesses that still openly sell magic mushrooms.
  • Canada – it is illegal to possess, sell, cultivate and transport mushrooms but spore kits and grow kits are legal and are sold on the internet and in specialized local stores. It is illegal to possess psilocybin and psilocin; you must have a prescription or license to do so because these are Schedule III drugs under the Controlled Drugs and Substances Act.
  • Czech Republic – possession and cultivation of plants and mushrooms for personal use and in small quantities are excluded from criminal prosecution. Violations are punished by administrative law as a misdemeanor.
  • France – it is illegal to possess, sell, cultivate and transport psilocybin mushrooms. These are listed as a narcotic since June 1, 1966.
  • Germany – it is illegal to possess, sell, cultivate and transport magic mushrooms since Executive Order 698 of 1993. This order was amended in 2001 to include plants, parts of plants and animals, parts of animals that contain psilocybin or psilocin.
  • Hong Kong – the cultivation of psilocybin is prohibited but sale and possession are considered illegal.
  • India – psilocybin mushrooms are illegal for use, possession, cultivation, and transport in India but these are poorly regulated and laws are mostly unenforced.
  • Indonesia – psilocybin mushrooms are illegal in the country, classified as drug Type 1 with corresponding capital punishment. However, magic mushrooms are secretly sold in Bali as “Good Snack.”
  • Italy – it is illegal to possess, grow, use and transport psilocybin mushrooms but grow kits and spores are legal to purchase, sell and possess.
  • Jamaica – magic mushrooms have never been regulated or made illegal in Jamaica. These are openly sold everywhere.
  • Japan – before 2002, magic mushrooms were available everywhere. It was sold locally in head shops, in mail-order shops and online. In 2002, Japan Health, Labor and Welfare Ministry added psilocybin to Schedule Narcotics of Narcotic and Psychotropic Drug Control Law before the World Cup. It is now illegal to possess, use and sell magic mushrooms. Spores are legal as long as it does not contain psilocybin.
  • Mexico – it is illegal to possess, grow and sell psilocybin but the law is unenforced in native cultures or in indigenous users. Magic mushrooms are also considered legal if grown in the wild.
  • Netherlands – magic mushrooms are legal as truffles. Active cultures of mycelium and spores are also legal. A prosecution is started on possession of 0.5 grams of fried or 5 grams of fresh psychoactive mushrooms. Before 2008, unprocessed mushrooms were legal to possess and were not covered by the opium law. These were obtained in shops that sell ethnobotanical products. The sale and consumption of “Magic Truffles” are now widely accepted in the country.
  • New Zealand – psilocybin mushrooms are illegal and are under class A drugs together with heroin and LSD.
  • Portugal – the country’s drug policy has decriminalized possession of all drugs.
  • Russia – any form of psilocybin is illegal in the country.
  • Spain – it is illegal to sell psilocybin mushrooms but it is legal to possess and cultivate when treated like mushrooms. Consumption in private places is decriminalized.
  • South Africa – it is illegal to possess, grow and sell psilocybin. Psilocin and psilocybin are included in the Undesirable Dependence –Producing Substances. Spores that do not contain psilocybin are legal to purchase, sell or own.
  • Taiwan – it is illegal to possess, sell, consume and transport psilocybin mushrooms and are considered Category 2 drugs together with marijuana and amphetamine.
  • Thailand – it is illegal to sell, use, possess and transport psilocybin mushrooms but these are not enforced. You will find these being sold openly in Thailand.
  • Turkey – you can be prosecuted when you sell, grow or possess magic mushrooms.
  • United Kingdom – since July 2005, fresh and prepared psilocybin mushrooms are illegal. This includes dried, cooked or shrooms made into tea. Before this restriction, mushrooms were widely sold in city center shops.
  • United States – possession of psilocybin mushrooms is illegal and are part of Schedule I drugs because these contain psilocin and psilocybin. Spores do not contain these substances and are illegal in Georgia, Ohio, Idaho, and California. In other states, it is legal to sell spores and kits for as long as these are not used to produce hallucinogenic mushrooms. The growing, selling and possessing of Psilocybe spp. and Conocybe spp. for ornamental purposes are prohibited by the Louisiana State Act 159.

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