Caution : All legal information should be verified through other sources.
Psilocybin mushrooms are not specifically named in the U.S. federal scheduling system, however their two primary active chemicals Psilocybin and Psilocin are both Schedule I in the United States. This means they are illegal to manufacture, buy, possess, or distribute (sell, trade or give) without a DEA license. Fresh and dried psilocybin mushrooms are considered containers of Psilocybin and Psilocin, making them illegal to possess as well.
Because spores contain no psilocybin or psilocin, they are legal to sell and possess (in all states except California, Georgia, and Idaho). But in most states, it is illegal to cultivate or propogate spores into mycelium since mycelium generally contains both psilocybin and psilocin.
Some countries have ruled that growing psilocybe mushrooms does not qualify as 'manufacturing' a controlled substance (psilocybin). In 2005, a New Mexico state appelate court ruled that growing mushrooms did not qualify as manufacturing psilocybin under state law (see State of New Mexico v. Pratt, 2005 or http://caselaw.findlaw.com/nm-court-of-appeals/1401800.html). In Feb 2006, the FMRC's TEO journal reported that the Pratt ruling was overturned and that people have been prosecuted for growing psilocybin mushrooms in New Mexico.(TEO Feb 2006). However, Erowid has not been able to substantiate FMRC's claim and to the best of our understanding, the Pratt appelate ruling stands. (last updated Jun 28, 2013)
U.S. STATE LAW #
Psilocybin mushrooms are illegal in every state in the United States except Florida (see below).
Specific state laws can be accessed through this state-by-state list. An Overview of case law for several states can be accessed here.
Psilocybin Mushroom spores are legal to possess in every state except California, Georgia, and Idaho. (see details).
Florida stands out because of a decision in 1978 in Fiske v Florida by the Florida Supreme Court which ruled that wild-picked psilocybin mushrooms could not be legally considered "containers" of psilocybin and thus would have to be specifically listed in Florida law by the legislature if they meant to make them illegal. Since the Florida legislature has not chosen to change the laws since then, the possession of wild Psilocybin mushrooms is presumptively not punishable under state law. This does not mean police won't arrest people for possession of even wild mushrooms, but this has been used as a successful defense against such charges.
New Mexico #
New Mexico appeals court ruled on June 14, 2005, that growing psilocybin mushrooms for personal consumption could not be considered "manufacturing a controlled substance" under state law. See Opinion: State of New Mexico vs. David Ray Pratt - June 14 2005
INTERNATIONAL LAW #
Psilocybin mushrooms are not specifically listed by the United Nations International treaties and the laws regarding them vary quite a bit around the world. States which are party to the UN Drug Control Program are free to decide for themselves whether to control them.
See European Monitoring Centre for Drugs and Drug Addiction Legal Status of Hallucinogenic Mushrooms in the EU.
See A. Schouten's overview of the international legal status of Psilocybin Mushrooms.
Psilocine and psilocybine are illegal to possess or sell under the Criminal Code Act of 1995 (CCA). We have received a report that harvested psilocybin-containing mushrooms are considered illegal "preperations" throughout Australia, and growing psilocybin mushrooms consitutes "manufacturing illegal drugs" and carries even higher penalties. (thanks Torsten) The mushrooms themselves are subject to specific controls in some states or territories.
"Any plant of the genus Psilocybe" is restricted under the "Border controlled plant" provisions of the CCA (see section 314.5 of the Criminal Code). This makes Psilocbye mushrooms illegal to import and export, and illegal to possess if they have been imported. We have received an unconfirmed report that it is possible to import or export of psilocybin mushroom spore prints for purposes of microscopy, though this technically may be a violation of the CCA (thanks A Moffett). (updated Apr 2008)
Psilocybin/psilocin and the mushrooms themselves are reportedly controlled in Belgium. (thanks D) (last updated Feb 24 2011)
Although psilocybin and psilocin are controlled substance in Brazil, mushrooms are not listed, and we have some indication that they may not be considered illegal. We received a report from a Brazilian public lawyer that psilocybin-containing mushrooms cannot be considered vessels of psilocybin and psilocin under Brazilian law, and are therefore not illegal. The Brazilian constitution does not allow punishment for any act that is not specifically forbidden. In addition, there is a legal precedent for the religious use of ayahuasca tea in Brazil. The sacramental use of psilocybin mushrooms is considered to fall under the same protection. (thanks Roldan, P, FB)
Both Psilocybin and Psilocin are schedule III in Canada. (Note: Canadian schedules are very different than U.S. schedules). See Psychoactive-Related Laws for Canada
The Danish Ministry of Health declared that is would make psilocybin mushrooms illegal to possess, buy, and sell as of July 1, 2001.http://www.stiften.dk/artikel:aid=23734 (English Translation)
Psilocybin mushrooms are illegal to cultivate, possess, or sell in Finland. (thanks VG)
Psilocybin mushrooms are illegal to cultivate, possess, or sell in France. Legal status of spores is unknown. (thanks ms) (last updated June 17, 2010)
Psilocybin-containing mushrooms are treated as a controlled substance in Germany. Illegal to possess, sell, grow, or distribute. See http://www.gesetze-im-internet.de/btmg_1981/anlage_i_59.html. There had been some confusion for years when some retailers sold fresh mushrooms in Germany between the late 1990s and late 2000s, but the German authorities have now shut down and prosecuted sellers openly offering psilocybin containing mushrooms. (thanks dp) (last updated Jun 20 2013)
Hong Kong #
Psilocybin is a controlled substance and the Hong Kong Narcotics Bureau considers psilocybin-containing mushrooms to be controlled under Schedule I, Part I, of the Dangerous Drug Ordinance. Magic Mushroom, a dangerous drug, July 2002.
Psilocybin-containing mushrooms are illegal in India, but in some parts of the country they are ignored by authorities, places like Old Manali, Karela (Idiki), and Kodaikanal. (unconfirmed) (thanks C)
Although Indonesia's drug laws are extremely harsh, the psilocybin-containing local mushrooms on Bali seem to be ignored by law enforcement. (unconfirmed) (thanks l) (last updated Aug 22, 2012)
Following Britain's 2005 ban of psilocybin-containing mushrooms, Ireland banned the sale and use of psilocybin mushrooms in January 2006. See RTE.ie : 'sale and use of magic mushrooms banned' (last updated Jan 31, 2006).
According to Japanese news, psilocybin mushrooms have been outlawed specifically in Japan as of June 2002. Several visitors have written in to erowid to confirm this and have said that there have been a few busts reported. Before June 2002, psilocybin mushrooms were readily available in large cities in Japan from street vendors and specialty shops.
Effective Dec 1 2008, a large number of psilocybin-containing mushrooms in several genera (Psilocybe, Panaeolus, Gymnopilus, etc.) are illegal to buy, sell or possess in the Netherlands, dried or fresh. (see Telegraph article, for a complete list of banned mushrooms see Dutch schedules). Psilocybin and psilocin are seperately controlled. See also PDF of bill. Dried mushrooms are now considered "hard drugs" and possession of more than 0.5 grams can be prosecuted; fresh mushrooms are now considered "soft drugs" and possesion of more than 5 grams can be prosecuted : see http://juridischdagblad.nl/content/view/7606/53/. The Dutch department of public health, grow-kits, sclerotia, and spores are not illegal, and the minister has no plans to legislate against such products in the near future: see minvws.nl. (Last updated May 6, 2009)
Mushrooms that are dried, planted or otherwise "tampered with" and contain Psilocybin are considered Schedule I, and are illegal to buy or possess without a license. Pure Psilocybin is also Schedule I. See Norway Law. (thanks Y)
Psilocybin is schedule I (I-P group) in Poland. (unconfirmed)
Psilocybin-containing mushrooms are controlled. In 2006, the "Sacred Mushroom Church of Switzerland" was raided and shut down and its operator, David Schlesinger, was arrested. See http://cannabisculture.com/articles/4788.html.
Psilocybe cubensis, or "Psilocybine" or "Psilocine"-containing plants "including all parts e.g. flower, stem, spore." are illegal to possess or sell in Thailand, as of October 1988. See UNDCP's Excerpt of law.
United Kingdom (U.K.) #
Psilocybin and psilocin are both illegal to possess and sell in Britain. As of July 18, 2005, fresh psilocybin mushrooms are now also controlled. See U.K. Mushroom Law Timeline 2002+. The law does not appear to cover spores, because the wording added to the Misuse of Drugs Act (Class A drugs) is: "Fungus (of any kind) which contains psilocin or an ester of psilocin." And no further wording is present in that section of the law regarding seeds or spores. However, the Home Office has published a FAQ that implies spores might be controlled: "Will it be illegal to supply grow kits? The law covers production so it applies to the sale and importation of kits." Frequently Asked Questions about Magic Mushrooms.
2005, Jul 18: Mushroom ban in U.K. began on July, 18, 2005 when the Home Office clarified that the accidental picking of psilocybin mushrooms or having them grow inadvertently on property would not be subject to the law. Fresh mushrooms are now considered a Class A drug under this new law.
2005, Apr 7: The British government has passed a new Drugs Bill expanding police powers and explicitly making fresh mushrooms illegal. Drugs Bill Receives Royal Assent, Drugs.gov.uk, Text of Drugs Bill.
2005, Feb 19: U.K. government recently went ahead with prosecuting new cases against vendors of fresh mushrooms despite the previous court ruling that prosecution under the current law would be an "abuse of process" because the laws are too vague. The Guardian : Magic mushroom dealers face new test cases, Feb 19, 2005
See British Mushroom Law Timeline 2002-2005
Dried magic mushrooms have a Class A drug status, which means that the prison sentence for possession and distribution could be similar to that of other Class A drugs such as L.S.D, Heroin, Cocaine & Crack, but even dried shrooms are not considered a police priority. It is uncommon for someone to be seriously prosecuted for simple possession, and 'accidentally dried' mushrooms have generally been overlooked.
If you have information about the legal status of this substance in any other country, please let us know.
CAUTION & DISCLAIMER #
legal information is a summary of data gathered from site visitors, government documents, websites, and other resources. We are not lawyers and can not guarantee the accuracy of the information provided here. We do our best to keep this information correct and up-to-date, but laws are complex and constantly changing. Laws may also vary from one jurisdiction to another (county, state, country, etc)...this list is not comprehensive.