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.[1] 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:[2]
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, 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 ofselective 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.
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In Brazil, 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.
In the British Virgin Islands, where the mushrooms grow naturally, it is legal to possess and consume psilocybin mushrooms; however, their sale is illegal.
In Bulgaria, 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.
In Belgium, 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.[3]
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.
In the Czech Republic, possession and consumption of psilocybin mushrooms is legal but it is illegal to sell them.[4]
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.[5]
As of 1 September 2008, the new 1st section of the 50th chapter of the penal code specially prohibits (attempt of) growing Psilocybe mushroom.[6] However, they have already been illegal to possess, grow, sell or use at least since 1 January 1994 based on the chemicals they contain (psilocybin & psilocin) per UN Convention on Psychotropic Substances and especially huumausaineasetus of 1994.[7]
The sale, possession, and cultivation of psilocybin have been illegal since Executive Order 698 of 1993 [3] 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."[8] 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.
Cultivation is legal by September 2011. For sale and possession, hallucinogenic mushrooms may be treated as psylocin.
Until 31 January 2006, unprepared psilocybin mushrooms were legal in Ireland. 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 .[9] 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.
Prior to 2002, psilocybin mushrooms were widely available in Japan and were often sold in mail-order shops, online vendors and in head shops throughout Japan; according to Hideo Eno of Japan's Health Ministry narcotics division, prior to 2002, "You can find them [psilocybin mushrooms] anywhere."[10] 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.
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 mexicana and Psilocybe cubensis in particular.[11] 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.[12]
Since December 2008 possession of both dry and fresh psychoactive mushrooms has been forbidden by law. The Openbaar Ministerie – 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.[13] 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 shops" 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.[14] 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,[15][16] 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.[17] 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.[18][19][20][21] The Dutch VLOS organization answered this decision with a preliminary injunction, but on November 28 it was published that they lost this.[22][23][24] 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.
In New Zealand, 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.[25]
As of 18 July 2005,[26] both fresh and "prepared" (that is, dried, cooked or made into a tea) psilocybin mushrooms were made illegal in the United Kingdom. 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.[27] 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.
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 Georgia, Idaho and California. Additionally; spores are illegal to import, buy, sell, trade, or give away in California if intended to be cultivated.[28] 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.[29][30]
The Florida Supreme Court in 1978 ruled that possession of wild psilocybin mushrooms is not illegal;[31] however, whether knowingly gathering wild psilocybin mushrooms for later use is illegal was not addressed in the decision.[32]
In all states, except New Mexico, growing psilocybin-containing mushrooms from spores is considered manufacture of a controlled substance.[31] 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.[33][34]
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