Legal status of psilocybin mushrooms
This article possibly contains original research. (April 2015) |
The legal status of unauthorised actions with psilocybin mushrooms varies worldwide. 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 or drugs that have no recognized medical uses. However, psilocybin mushrooms have had numerous medicinal[2][3][4] and religious uses in dozens of cultures throughout history and have a significantly lower potential for abuse than other Schedule I drugs.[5]
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Psilocybin mushrooms are not regulated by UN treaties. From a letter, dated 13 September 2001, from Herbert Schaepe, Secretary of the UN International Narcotics Control Board, to the Dutch Ministry of Health:[6]
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 [emphasis added]. 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.
Many countries, however, 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 from the general public and from researchers who see therapeutic potential with regard to drug addictions and other mental instabilities, such as PTSD, anxiety and depression, as well as cluster headaches.[7][8] Among regulated drugs, psilocybin mushrooms also have relatively few medical risks.[9]
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, since psilocybin and psilocin are deemed illegal to possess without license as substances, but mushrooms themselves are not mentioned in these laws. 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 California, 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 (New Mexico) has ruled that growing psilocybin mushrooms does not qualify as "manufacturing" a controlled substance. On 3 November 2020, voters passed a ballot initiative in Oregon that made "magic mushrooms" legal for mental health treatment in supervised settings from 1 February 2021.[10][11][12] There currently is a bill pending in the California State Legislature that would legalize the "possession, obtaining, giving away, or transportation of, specified quantities of psilocybin, psilocyn, dimethyltryptamine (DMT), ibogaine, mescaline, lysergic acid diethylamide (LSD), and 3,4-methylenedioxymethamphetamine (MDMA)." The bill has been approved by the California State Senate with 21 votes in favor of the same. The bill is currently in committee in the California State Assembly.[13]
List by country[]
Country | Possession | Sale | Transport | Cultivation | Notes |
---|---|---|---|---|---|
Australia[] |
Illegal | style="background:#FFC7C7;vertical-align:middle;text-align:center;" class="table-no"|Legal | style="background:#FFC7C7;vertical-align:middle;text-align:center;" class="table-no"|Illegal | Illegal but spores or magic kits can be legal since websites or mushrooms shops | Although native, the cultivation, manufacture, possession, use and supply of psilocybin is illegal throughout Australia.[14] |
Austria[] |
No restrictions on fresh mushrooms. Dried mushrooms are decriminalized for personal consumption. | Illegal | Illegal | Legal (No restriction for cultivation as long as the mushrooms are not intended to be used as drugs) | The possession of psilocybin mushrooms was decriminalized in a reform as of January 2016 in Austria. Offenders will have to undergo a free therapy instead of a trial. Cultivation is technically legal as long as the mushrooms are not harvested. Growkits can legally be bought over the internet or in shops in Vienna.[15][16] Sale and Transport are still illegal.[17] |
Bahamas[] |
Legal | Legal | Legal | Legal | Magic Mushrooms are fully legal in the Bahamas, however psilocybin and psilocin are controlled substances by the United Nations Convention on Narcotic Drugs. |
Belgium[] |
Illegal | Illegal | Illegal | Illegal, but uncontrolled | In Belgium, cultivation of mushrooms has been prohibited since the enactment of the Criminal Law of 25 February 1921. Possession and sale of mushrooms have been prohibited since the Royal Decree of 22 January 1998. |
Belize[] |
Illegal | Illegal | Illegal | Illegal, mushroom spores are unenforced when a psychonaut wants grow or cultivate in his home | In Belize, psilocin is listed in the Misuse of Drugs Act and penalty of "5 years, $100,000, or both."[18] |
Bolivia[] |
Illegal | Illegal | Illegal | Illegal | In Bolivia, psilocybin and psilocin are banned substances.[18] |
Brazil[] |
Legal | Legal | Legal | Legal | Only psilocybin and psilocin are listed illegal, but not the fungal species themselves. The Federal Constitution states that an act must be previously stated as illegal by a law. Therefore, psilocybin mushrooms cannot be considered illegal themselves. There are also no legal jurisprudences available on the topic, neither records of people being arrested specifically for using, growing or possessing psilocybin mushrooms in the country. They are sold mainly over the internet on specialized websites, without facing persecution from Brazilian police.[19] |
British Virgin Islands[] |
Legal | Illegal (unenforced) | Illegal (unenforced) | Legal | Where mushrooms grow naturally, it is legal to possess and consume psilocybin mushrooms; however, their sale is illegal. Despite this, many businesses openly sell them.[20] |
Cambodia[] |
Illegal (unenforced) | Illegal (unenforced) | Illegal (unenforced) | Illegal (unenforced) | In Cambodia, psilocybin mushrooms are prohibited, but in many parts of the country, especially touristic ones, they are mostly ignored by legal authorities, as it happens with other illegal drugs.[21] |
Canada[] |
illegal | illegal | illegal | Illegal (Grow kits, spores, and mycelium legal) | Mushroom spore kits are legal and are sold openly in stores or on the internet as the spores and kits themselves are legal as they do not contain psilocybin/psilocin. Psilocybin and psilocin are illegal to possess, obtain or produce without an exemption or license as they are schedule III under the Controlled Drugs and Substances Act.[22] Online dispensaries exist that illegally sell microdoses.[23] In September 2019, a motion to increase enforcement efforts against the sale of magic mushrooms was voted down by Vancouver council.[24] Efforts are underway to obtain exemptions for medical and research use under CDSA Section 56.[25] In 2020, eleven end-of-life patients, including possibly also a first non-palliative patient, received exemption to pursue psilocybin-assisted psychotherapy to help ease anxiety and depression.[26][27][28][29] in 2020, 16 health professionals received permission from the Ministry of Health to use psilocybin themselves to help develop therapies for future use.[30] In 2021, exemptions have been granted to use psilocybin therapy as a treatment for mental health conditions.[31] Canada health regulators announced that the government would allow physicians to request access to psychedelics on behalf of patients with serious or life-threatening medical conditions.[32] |
Chile[] |
Illegal, but tolerated and decriminalized for tiny or smalls amounts | Illegal | Illegal | Illegal (Grow kits, spores, and mycelium legal) | Psilocybin and psilocin are listed as narcotic drugs on Ley Nº 20.000.[33] There have been some recent reports of imprisonment for sale and possession of magic mushrooms in Chile,[34][35][36] as well as indications that their usage is getting more popular in the country.[37] However, Psilocybe spores and kits are completely legal and openly sold on specialized Chilean websites.[38][39] |
Croatia[] |
Illegal (Decriminalized) | Illegal | Illegal | Illegal, but unenforced | From 2013, the possession of small amount of light drugs is a misdemeanor, which can lead to a fine of 5,000–20,000kn ($800–3,500) depending on the case in question. |
Cyprus[] |
Illegal (Decriminalized) | Illegal | Illegal | Illegal (decriminalized) | Magic mushrooms are very rare in Cyprus. Although possession and consumption are both illegal, an individual who was found to have ordered psilocybin mushrooms over the internet was fined 1500 Euros and was not given time in prison. |
Czech Republic[] |
Illegal (Decriminalized) | Illegal | Illegal | Illegal (Decriminalized) | Possession of drugs for personal use and cultivation of plants and mushrooms containing a narcotic or psychotropic substance "in a small quantity" are excluded from criminal prosecution. These violations of law are punished by administrative law as a misdemeanour (Act No. 200/1990 Coll., Act of Violations).[40] |
Denmark[] |
Illegal | Illegal | Illegal | Illegal | The sale and possession of psilocybin have long been illegal; however the growing/collecting, processing, sale, and possession of psilocybin mushrooms was legal until 1 July 2001, when the Danish Ministry of Health allowed them. |
Estonia[] |
Illegal | Illegal | Illegal | Illegal | Both psilocybin and mushrooms are explicitly banned in Estonia according to Narcotic Drugs and Psychotropic Substances Act.[41] |
Finland[] |
Illegal | Illegal | Illegal | Illegal | As of 1 September 2008, the new 1st section of the 50th chapter of the penal code specially prohibits (attempt of) growing Psilocybe mushrooms. |
France[] |
Illegal | Illegal | Illegal | Illegal, but spores are always legal | In France, psilocybin mushrooms have been listed as a narcotic since 1 June 1966; thus, possession, use, transportation and collection are subject to criminal sanctions. |
Germany[] |
Illegal | Illegal | Illegal | Illegal, but spores are legal for microscopy.[42] | Illegal if for the purpose of intoxication.[41] |
Greece[] |
Illegal unless treated as psylocin | Illegal unless treated as psylocin | Illegal | Legal for human consumption, can be treated as psylocin as psylocibin could be legal or lawful | Cultivation is prohibited. For sale and possession, hallucinogenic mushrooms may be treated as psylocin. |
Hong Kong SAR[] |
Illegal | Illegal | Illegal | Illegal | Cultivation is prohibited, and sale and possession is illegal. |
Hungary[] |
Illegal | Illegal | Illegal | Illegal | In Hungary, mushrooms are specifically illegal under Art. 282 of the Penal Code, as they are treated as psilocin.[41] |
Iceland[] |
Illegal | Illegal | Illegal | Illegal | According to article 6 of the Illegal substance act, Psilocybin, DMT, Mescaline, LSD and Cannabis among other psychedelics are completely illegal in Iceland regardless of purpose.[43] |
India[] |
Illegal (unenforced) | Illegal (unenforced) | Illegal (unenforced) | Illegal (unenforced) | Psilocybin mushrooms are officially illegal in India, but their prohibition is poorly enforced due to a lack of awareness among authorities.[44] While there have been arrests on record, they are infrequent, and many areas in India are considered unofficial "psychadelic tourism" destinations. [45][46] |
Indonesia[] |
Illegal unenforced | Illegal (Unenforced) | Illegal (Unenforced) | Illegal (Unenforced) | Psilocybin mushrooms are illegal, classified as illegal drug type 1 with capital punishment. But currently law enforcements have been done more frequently[47] Psilocybin mushrooms are advertised openly by cafes in Bali[48][49] and the Gili Islands.[50][48] |
Ireland[] |
Illegal | Illegal | Illegal | Illegal (Unenforced) | Until 31 January 2006, unprepared psilocybin mushrooms were legal in Republic of 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 fell to his death on 30 October 2005, after suffering a psychotic reaction some 15 minutes after consuming 3 legally purchased psilocybin mushrooms |
Israel[] |
Illegal (Illegal for personal consumption) | Illegal (Illegal for personal consumption) | Illegal (Illegal for personal consumption) | Illegal (Illegal for personal consumption) | According to Israeli drug laws, psilocybin and psilocin are illegal, but psilocybin-containing mushrooms are legal for possession, cultivation and sale as long as they are not used for the purpose of personal use.[51] There have been records of people being arrested for growing and selling large quantities of magic mushrooms for recreational purposes in the country.[52] |
Italy[] |
Illegal (Decriminalized) | Illegal (Decriminalized) | Illegal (Decriminalized) | Illegal (Decriminalized) | Grow kits and spores are legal to buy, sell and possess. |
Jamaica[] |
Legal | Legal | Legal | Legal | Psilocybin mushrooms have never been made illegal and are openly sold.[53] |
Japan[] |
Illegal | Illegal | Illegal | Illegal (Spores are legal) | 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."[54] 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. Use, production, trafficking, growing or possession of psilocybin mushrooms is now illegal in Japan. Metropolitan Police Officer says that spores are legal where it does not contain psilocybin.[55] |
Laos[] |
Illegal (unenforced) | Illegal (unenforced) | Illegal (unenforced) | Illegal (unenforced) | Psilocybin mushrooms are illegal, but openly sold in businesses, specifically in Vang Vieng.[56] |
Latvia[] |
Illegal | Illegal | Illegal | Illegal | Growing Psilocybin mushrooms is illegal in Latvia under S. 256 of the Penal Code, in case of a repeated offence. Both possession and sale of them are considered as a narcotic substance.[41] |
Lithuania[] |
Illegal | Illegal | Illegal | Illegal | In Lithuania, growing is prohibited under Art. 265 of the Penal Code, possession and sale illegal under Administrative and Penal codes.[41] |
Luxembourg[] |
Illegal | Illegal | Illegal | Illegal | In Luxembourg, mushrooms are considered sources of psilocybin and psilocin and hence subject to legal persecution.[41] |
Mexico[] |
Illegal (Unenforced if in native culture) | Illegal | Illegal | Illegal (Grow kits, spores, and mycelium legal) | 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.[57] However, these laws ae 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. Mushroom spores and grow kits in Mexico are legal and are sold openly in Internet.[58] Various political parties proposed to reclassify psilocybin mushrooms, enabling scientific research.[59] |
Republic of Moldova[] |
Illegal | Illegal | Illegal | Illegal | Psilocin/psilotsin and Psilocibin are present in the official list of prohibited substances.[60][61] |
Nepal[] |
Legal | legal | legal | Legal | Magic Mushrooms are uncontrolled substances in the Everest Mountain country[62] |
Netherlands[] |
Legal as truffle | Legal as truffle | Legal as truffle | Legal as truffles (Active cultures of mycellium and spores legal) | 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 will not lead to a criminal charge.[63] 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. Although a legal loophole not outlawing psychoactive mushroom species as truffles has led to the widespread sale of these "Magic Truffles" in smart shops across the nation. Since September 2019, magic truffles are fully taxed and legalized.[64] |
New Zealand[] |
Illegal | Illegal | Illegal | Illegal | In New Zealand, psilocybin and psilocine are class A drugs, putting them in the highest class of illicit compounds along with heroin and LSD. The 'Misuse of drugs act 1975' lists 'Conocybe, Panaeolus, or Psilocybe' species specifically.[65] |
Norway[] |
Illegal | Illegal | Illegal | Illegal | In Norway, magic mushrooms are specifically outlawed according to explicit regulation regarding narcotics.[41] |
Philippines[] |
Illegal (ambiguous) | Illegal (ambiguous) | Illegal (ambiguous) | No information | The legal status of the Psilocybin mushrooms as a drug came into light when high school students were reportedly hospitalized after consuming the mushrooms for their psychedelic property in 2019.[66][67] Psilocybin mushrooms themselves are not in the "list of drugs included in schedule" under the Comprehensive Dangerous Drugs Act of 2002 and therefore the Philippine Drug Enforcement Agency (PDEA) can't arrest the students and only issue an advisory against the use of the mushrooms at best.[68] The Philippines is a signatory of the United Nations Convention on Narcotic Drugs which lists psilocybin as a schedule I substance.[69]
However, the PDEA has conducted arrest of illegal drug peddlers who also sold psilocybin mushrooms alongside other illegal substances in the past.[70][71] |
Poland[] |
Illegal (When containing psilocybin/psilocin is legal when contains muscimol, ibotenic acid, muscarin or any other psychoactive or psychotropic substance that isn't psylocibin or psylocin) | Illegal (When containing psilocybin/psilocin can be legal if contains muscimol, ibotenic acid, muscarin or any other psychoactive substance) | Illegal (When containing psilocybin/psilocin can be legal if contains muscimol, ibotenic acid, muscarin or any other psychoactive substance) | Illegal (Grow kits, spores, and mycelium legal) | Psilocybin and psilocin are listed illegal, but not the fungal species themselves. 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.[72] |
Portugal[] |
Illegal (Decriminalized) | Illegal (Decriminalized) | Illegal (Decriminalized) | Illegal (Decriminalized) | The Drug policy of Portugal has decriminalized possession of all drugs. |
Romania[] |
Illegal | Illegal | Illegal | Illegal | Psilocybin in any form is illegal. |
Russia[] |
Illegal | Illegal | Illegal | Illegal | Psilocybin in any form is illegal. |
Samoa[] |
Legal | Legal | Legal | Legal | In Samoa, psilocybin mushrooms are widely found in nature, called popularly "Pulouaitu" and they are not mentioned on national drug laws. Nevertheless, there are government plans to prohibit them in the near future, as they are being increasingly used by local youths.[73] |
Serbia[] |
Illegal | Illegal | Illegal | Illegal | Psilocybin in any form is illegal. |
Slovakia[] |
Illegal (ambiguous) | Illegal (ambiguous) | Illegal (ambiguous) | Illegal (ambiguous) | There is little legal experience in Slovakia on the legal evaluation of magic mushrooms, making their legality somewhat ambiguous. Low quantities could possibly be treated as psilocin in the country, but large quantities may be considered as a "preparation" of a drug trafficking offence, which has the same sentence as an offence actually committed.[41] |
Slovenia[] |
Illegal could be treated as psylocine | Illegal | Illegal | Illegal could be treated as psylocine | In Slovenia, mushrooms are illegal, since they are considered as psilocin.[41] |
South Africa[] |
Illegal | Illegal | Illegal | Legal (Grow kits and spores are legal) | Psilocin (4-hydroxydimethyltryptamine) and Psilocybin (4-phosphoryloxy-N,N-dimethyltryptamine) are listed as Undesirable Dependence-Producing Substances.[74] Spores - which do not contain Psilocin or Psilocybin - may be legal to purchase, own or sell. |
Spain[] |
Illegal (Decriminalized for personal use in a private place) | Illegal | Illegal | Illegal (Decriminalized for personal use in a private place) | Psilocybin mushrooms are noted to be illegal to sell, and its possession and cultivation legal when treated as mushrooms.[75] Possession, production and distribution of psilocybin is illegal, but its consumption in private places is decriminalized.[76][77] This makes the legality of psilocybin mushrooms, grow kits and spores ambiguous and usually it is based on the intent of use and the judge's interpretation of the law.[78] |
Sri Lanka[] |
Illegal | Illegal | Illegal | Legal for public interests and research or experiments | Although their presence and usage are extremely rare in the country, psilocybin mushrooms are also banned in Sri Lanka. In 2016, a local woman was arrested and became famous for illegally importing magic mushrooms from the United States, worth about Rs 250,000, and trafficking them for a select group of people.[79] |
Sweden[] |
Illegal | Illegal | Illegal | Illegal |
|
Switzerland[] |
Illegal, but decriminalized possession is punishable with a spot fine | Illegal | Illegal | Illegal |
Although psilocybin and psilocin have long been listed as controlled substances in Switzerland, mushrooms themselves were only specifically banned in 2002, initially by the Swiss Agency for Therapeutic Products and later, by a revision of the Swiss Narcotics Act in 2008. Until 2002, magic mushrooms were readily available in Switzerland and, according to a Swiss medical agency, their ban was an attempt to prevent their increasing popularity in the country. However, some local health and legal authorities have criticized magic mushroom's prohibition, since surveys have showed that it had little impact on decreasing their consumption in the country.[81][82] |
Taiwan[] |
Illegal | Illegal | Illegal | Illegal | In Taiwan, psilocybin mushrooms are illegal. They are considered a Category 2 drug, alongside marijuana and amphetamine.[83] |
Thailand[] |
Illegal (unenforced) | Illegal (unenforced) | Illegal (unenforced) | Illegal (unenforced) | Psilocybin mushrooms are illegal, but are commonly sold openly in businesses. |
Turkey[] |
Illegal | Illegal | Illegal | Illegal | In Turkey magic mushrooms are treated as psilocybin which is illegal. The sale, growth and possession can lead to prosecution. |
Ukraine[] |
Illegal | Illegal | Illegal | Illegal (Spores are legal) | Psilocybin in any form is illegal. According to the Ukrainian Criminal Code, fetal bodies of fungi containing psilocybin are considered a psychotropic substance, and the dose, which entails criminal liability, is 0.01 g of psilocybin, is about 30-40 g of fresh mushrooms. However, the legislation does not prohibit the sale of mushroom spores for cultivation for the purpose of collecting.[84] |
United Kingdom[] |
Illegal | Illegal | Illegal | illegal (Spores are legal for microscopy) | From 18 July 2005[85] both fresh and "prepared" (that is, dried, cooked or made into a tea) psilocybin mushrooms became illegal in the United Kingdom; fresh mushrooms had previously been widely available, even in shops, but section 21 of the Drugs Act 2005 made fresh psychedelic mushrooms ("fungi containing psilocybin"), a Class A drug.[86] Possession and use of psilocybin and psilocin is prohibited since the 2005 Act, but mushroom spores, which do not contain psilocybin, are not regulated. |
United States[] |
Illegal (decriminalized in Seattle, Washington, Ann Arbor, Michigan, Denver, Colorado, Oakland, California, Santa Cruz, California, Somerville and Cambridge, Massachusetts, Oregon and Washington D.C.). Legal in Oregon for mental health treatment in supervised settings since 1 February 2021.[11] |
Illegal (decriminalized in Seattle, Washington, Ann Arbor, Michigan, Denver, Colorado; Oakland, California, Santa Cruz, California, Somerville and Cambridge, Massachusetts, Oregon and Washington D.C.). Legal in Oregon for mental health treatment in supervised settings since 1 February 2021[11] |
Illegal (decriminalized in Seattle, Washington, Ann Arbor, Michigan, Denver, Colorado; Oakland, California, Santa Cruz, California, Somerville and Cambridge, Massachusetts, Oregon and Washington D.C.). Legal in Oregon for mental health treatment in supervised settings since 1 February 2021.[11] |
Illegal (Grow kits and spores legal in most states, full cultivation decriminalized in Seattle, Washington, Ann Arbor, Michigan, Denver, Colorado, Santa Cruz, California, Somerville and Cambridge, Massachusetts, Oregon and Washington D.C.). Legal in Oregon for mental health treatment in supervised settings since 1 February 2021.[11] |
Schedule I drugs psilocin and psilocybin. Spores, which do not contain psychoactive chemicals, are explicitly illegal in Georgia, Idaho, and California (unlisted states unverified).[87][88][89] In the rest of the country, it is not illegal to just sell the spores, but selling them with the purpose of producing hallucinogenic mushrooms is illegal.[90][91] Except for ornamental purposes, growing, selling or possessing Psilocybe spp. and Conocybe spp. is prohibited by Louisiana State Act 159. The cities of Denver, Colorado,[92] Oakland, California,[93] Santa Cruz, California, and Ann Arbor, Michigan have decriminalized the drug.[94][95][96] On 3 November 2020 during 2020 US presidential elections, the state of Oregon voted in an initiative to legalize Psilocybin for mental health treatment at licensed centers and to decriminalize the possession of small amounts of all drugs. The new law came into effect on 1 February 2021.[11] On the same day Washington, D.C. passed an initiative to decriminalize the cultivation and possession of "entheogenic plants and fungi".[97][98][99] In 2021, the City Councils of Somerville, Northampton, Cambridge, Massachusetts, and Seattle, Washington, voted for decriminalization.[100][101][102] California is currently in the process of reviewing bill SB-519 which would decriminalize many psychedelics including psilocybin.[103] | In the United States, possession of psilocybin-containing mushrooms is illegal because they contain the
Uruguay[] |
Decriminalized | Illegal | Illegal | Illegal | In Uruguay, psilocybin and psilocin are mentioned in the federal list of controlled substances;Uruguay was first country in South America to decriminalize possession of all and every drug.[104] According to Decreto N° 403/016, all fungal species of the Psilocybe sp. genus are illegal to sell as a medicinal compound, and other psilocybin-containing fungi genera, such as Copelandia, Pluteus and Conocybe are also mentioned in the document.[105] |
Vietnam[] |
Illegal (but Unenforced) | Illegal (but Unenforced), Magic mushrooms are sold and supplied openly | Illegal (but Unenforced) | Illegal (but Unenforced) Legal for medical or scientific research | In Vietnam, psilocybin and psilocin were added to the list of banned substances in 2018 through Decree 73.[106] magic mushrooms for ornamental uses made by people or scientific research made by physicians or psychonauts is fully legal in Vietnam. |
Country | Possession | Sale | Transport | Cultivation | Notes |
See also[]
- Legal status of psychoactive Amanita mushrooms
- Legal status of ayahuasca by country
- Legal status of ibogaine by country
- Legal status of psychoactive cactus by country
- Legal status of Salvia divinorum
References[]
- ^ "List of psychotropic substances under international control" (PDF). International Narcotics Control Board. August 2003. Archived from the original (PDF) on 5 December 2005. Retrieved 25 June 2007.
- ^ Griffiths & Grob, Roland R. & Charles S. "Hallucinogens as Medicine" (PDF). Scientific American. Archived from the original (PDF) on 3 October 2011. Retrieved 22 March 2013.
- ^ Szalavitz, Maia (16 June 2011). "'Magic Mushrooms' Can Improve Psychological Health Long Term". Time. Retrieved 22 March 2013.
- ^ Griffiths, Roland R. (2011). "Psilocybin occasioned mystical-type experiences: immediate and persisting dose-related effects". Psychopharmacology. 218 (4): 649–665. doi:10.1007/s00213-011-2358-5. PMC 3308357. PMID 21674151.
- ^ Jerome, Lisa. "Psilocybin Investigator's Brochure" (PDF). MAPS. Archived from the original (PDF) on 19 March 2013. Retrieved 22 March 2013.
- ^ Schaepe, Herbert (13 September 2001). "UN's INCB Psilocybin Mushroom Policy". Erowid.org. Retrieved 7 January 2012.
- ^ Brodwin, Erin (11 October 2018). "A team of Johns Hopkins researchers is calling for magic mushrooms to be made legally available as medicine". Business Insider.
- ^ Feilding, Amanda (6 February 2012). "Magic mushrooms, international law and the failed 'war on drugs'". The Guardian.
- ^ Solon, Olivia (24 May 2017). "Study finds mushrooms are the safest recreational drug". The Guardian.
- ^ Feuer, Will (4 November 2020). "Oregon becomes first state to legalize magic mushrooms as more states ease drug laws in 'psychedelic renaissance'". CNBC. Retrieved 8 November 2020.
- ^ a b c d e f Siena, Nina (5 November 2020). "Oregon becomes first US state to decriminalise cocaine, heroin and methamphetamine". International Business Times. Retrieved 9 November 2020.
- ^ Massey, Barry (15 June 2015). "Court: Growing Hallucinogenic Mushrooms Not Illegal in N.M." Albuquerque Journal. Retrieved 18 February 2018.
- ^ Scott Wiener. "An act to amend Sections 11054, 11150.2, 11350, 11364, 11364.7, 11365, 11377, 11379, 11382, and 11550 of, to add Sections 11350.1 and 11377.1 to, to add and repeal Section 131065 of, to repeal Section 11999 of, and to repeal Article 7 (commencing with Section 11390) of Chapter 6 of Division 10 of, the Health and Safety Code, relating to controlled substances". California Office of Legislative Counsel. Retrieved 30 October 2021.
- ^ "Hallucinogens". Australian Institute of Crimonology. Archived from the original on 8 August 2014. Retrieved 8 August 2014.
- ^ "Smoke Shop in Vienna: Mushroom grow kits for sale". Retrieved 25 July 2019.
- ^ "Queerbeet in Vienna: Spores for sale". Retrieved 25 July 2019.
- ^ "Hallucinogens". Krone newspaper. Retrieved 8 August 2014.
- ^ a b "What is the Legal Status of Psilocybin (Magic) Mushrooms?". Explore Psychedelics. Retrieved 8 May 2019.
- ^ Rabin, Cláudio (28 June 2015). "Sites brasileiros vendem drogas 'legais' (Brazilian websites sell 'legal' drugs)" (in Portuguese) – via www1.folha.uol.com.br.
- ^ "Magic mushrooms and dolphin rides: Tortola". Matador Network.
- ^ "Drug Dealers Laughing at 'Crackdown' - Khmer Times". khmertimeskh.com. 29 September 2015.
- ^ Branch, Legislative Services (15 May 2019). "Consolidated federal laws of canada, Controlled Drugs and Substances Act". laws-lois.justice.gc.ca.
- ^ Lev, Elianna (27 July 2019). "Could magic mushrooms be the next drug legalized in Canada?". Yahoo Canada News.
- ^ "Motion to prevent sale of magic mushrooms defeated by Vancouver council". 13 September 2019.
- ^ Tomoski.
{{cite web}}
: Missing or empty|title=
(help); Missing or empty|url=
(help) - ^ Kreps, Daniel (5 August 2020). "Canada Allows Terminal Patients Use of Magic Mushrooms". Rolling Stone. Retrieved 19 August 2020.
- ^ Omar, Mosleh (25 October 2020). "Mental illness is on the rise due to COVID-19. Could psychedelic drugs be the 'game changer'?". Toronto Star. Retrieved 3 November 2020.
- ^ "First Non-Palliative Canadian Granted Access To Psilocybin Therapy". Therapsil. 18 November 2020. Retrieved 22 November 2020.
- ^ Jane, Mary (22 October 2020). "How Psychedelics may Rebuild Broken Brains". Origin Mushrooms.
- ^ Dubinski, Kate (10 December 2020). "Some doctors, therapists get Health Canada permission to use magic mushrooms". CBC News. Retrieved 11 December 2020.
- ^ CBC News (14 December 2021). "More patients granted psilocybin exemption by federal government". www.cbc.ca. Retrieved 15 December 2021.
{{cite web}}
: CS1 maint: url-status (link) - ^ A.J. Herrington (7 January 2022). "Canada Regulators Ease Access to Psychedelic Drugs". High Times. Retrieved 10 January 2022.
{{cite web}}
: CS1 maint: url-status (link) - ^ "Dto-867 19-Feb-2008 Ministerio del Interior, Subsecretaria del Interior". 19 February 2008.
- ^ "Incautan hongos alucinógenos en el sur de Chile". 18 September 2016.
- ^ "Ingeniero y estudiante universitario fueron detenidos por vender hongos alucinógenos". 13 July 2018.
- ^ "Un detenido tras incautación de 300 hongos alucinógenos y droga sintética en Viña del Mar". 17 September 2014.
- ^ "Hongos, LSD y Éxtasis: Las drogas alternativas "más populares" en Chile". 10 March 2011.
- ^ "Natural Magic Spore | Una nueva experiencia en cultivo".
- ^ "Hongos mágicos: tambén puedes cultivarlos". 18 April 2016.
- ^ "The basic legal framework of Czech drug laws - Government of the Czech Republic". vlada.cz.
- ^ a b c d e f g h i Legal status of hallucinogenic mushrooms. European Monitoring Centre for Drugs and Drug Addiction (EMCDDA).
- ^ "Rechtliche Situation in verschiedenen Ländern". www.zauberpilz.com.
- ^ "Lög um ávana- og fíkniefni (Illegal substance act)". althingi.is.
- ^ "'Magic Mushroom' creates confusion among police". 11 January 2012.
- ^ "Kolkata: NCB busts 'magic mushrooms' racket; restaurant owner, two others arrested". Indian Express. 5 March 2018.
- ^ KC, Junaid. "DRUG TOURISM IN INDIA: TRENDS AND CHALLENGES" (PDF). International Journal of Technical Research & Science.
- ^ "Magic Mushroom Marak di Kuta, Polisi Targetkan Sapu Bersih". balipost.com. 26 October 2017.
- ^ a b "MAGIC MUSHROOMS IN INDONESIA | Gili Trawangan & Gili Air [2019]". Jones Around The World. 1 June 2019.
- ^ Helligar, Jeremy (6 September 2020). "Floating over Bali on a Little Fluffy Mushroom Cloud". Medium.
- ^ "A Beginner's Guide to Magic Mushrooms in Gili Trawangan". 22 June 2020.
- ^ "My first psilocybin trip". Cannabis magazine. 23 February 2013.
- ^ "Israel Police Find 'Magic Mushroom' Lab in Chemistry Teacher's House". Haaretz. 29 June 2015.
- ^ "Inside the growing world of all-inclusive magic mushroom retreats". therooster. 1 August 2017. Retrieved 29 September 2017.
- ^ "Japan culls magic from mushrooms". BBC. 13 May 2002. Retrieved 5 April 2007.
- ^ "衝撃事件の核心 大麻に飽きたらず" (in Japanese). MSN Sankei. 25 April 2009. Archived from the original on 28 April 2009. Retrieved 5 December 2017.
- ^ "Where is Asia's deadly drug paradise now?". news.com.au. 2 June 2017. Retrieved 9 September 2017.
- ^ "LEY GENERAL DE SALUD" (PDF). 26 September 2007. Archived from the original (PDF) on 26 September 2007. Retrieved 7 January 2012.
- ^ "The Protocol on Psychotropic Substances". UN Office of Drugs and Crime. 2003. Archived from the original on 14 November 2007. Retrieved 27 September 2017.
- ^ Jiménez, Horacio (7 March 2021). "Plantean despenalización de los hongos alucinógenos". El Universal (in Spanish). Retrieved 13 March 2021.
- ^ "HG620/2006". legis.md. Retrieved 15 April 2021.
- ^ "CP985/2002". legis.md. Retrieved 21 September 2020.
- ^ "Archived copy" (PDF). Archived from the original (PDF) on 21 May 2018. Retrieved 21 May 2018.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ Openbaar Ministerie (12 January 2008). Paddoverbod van kracht Archived 5 September 2012 at archive.today. Retrieved 2 December 2008.
- ^ "Toelichting btw-tarief na vragen". belastingdienst.nl (in Dutch). Retrieved 20 July 2020.
- ^ "Interpretation of the 'Misuse of drugs act 1975' on". Legislation.govt.nz. Retrieved 15 June 2019.
- ^ Mateo, Janvic (17 November 2019). "High School students using 'shrooms' as narcotics – DepEd chief". The Philippine Star. Retrieved 13 November 2020.
- ^ "Win alarmed over student use of 'magic mushrooms'". Manila Standard. 1 December 2020. Retrieved 13 November 2020.
- ^ "Wild mushrooms replacing shabu?". Daily Guardian. 18 November 2019. Retrieved 13 November 2020.
- ^ "Mushrooms as substitute to drugs?, Gatchalian airs warning". Manila Bulletin. 1 December 2019. Retrieved 13 November 2020.
- ^ "Three drug peddlers arrested in Cavite". The Manila Times. 30 June 2013. Retrieved 13 November 2020.
- ^ "Cagayan de Oro mayor's son arrested in Pampanga drug raid". CNN. 3 July 2020. Retrieved 13 November 2020.
- ^ "Ustawa z dnia 29 lipca 2005 r. o przeciwdziałaniu narkomanii". Internetowy System Aktów Prawnych. Kancelaria Sejmu RP. Retrieved 15 October 2017.
- ^ "Reform zeroes in on pulouaitu and tagamimi - Samoa Observer". Samoa Observer.
- ^ "DRUGS AND DRUG TRAFFICKING ACT NO. 140 OF 1992" (PDF).
- ^ "BOE-A-2009-1110". boe.es. 23 January 2006.
- ^ "BOE-A-1977-27160". boe.es. 16 November 1977.
- ^ "Ley Orgánica 4/2015 de protección de la seguridad ciudadana". boe.es. 30 March 2015.
- ^ "Psilocibes, leyes y sentencias". psilocibes.com. 17 March 2013.
- ^ "Girl arrested with Magic Mushrooms - Daily News". dailynews.lk.
- ^ a b "Sidan kunde inte visas (#404) - Läkemedelsverket". 25 September 2013. Archived from the original on 25 September 2013.
- ^ Gossweiler, Andreas (10 June 2008). "Verbotene Pilze (Forbidden mushrooms)" (in German) – via gesundheitstipp.ch.
- ^ Reichen, Johannes (16 November 2017). "Strafe , Schelte für die Staatsanwältin (Pu)". Berner Zeitung (in German).
- ^ "'Magic mushroom' case alerts officials - Taipei Times". Taipei Times. 15 May 2014.
- ^ ""Магічні" гриби".
- ^ "PSILOCYBE MADE A CLASS A DRUG, SUBJECT TO FULL RESTRICTIONS" (PDF). 28 September 2006. Archived from the original (PDF) on 28 September 2006. Retrieved 7 January 2012.
- ^ "HOME DEPARTMENT | Section 21 of the Drugs Act 2005 – magic mushrooms". 29 October 2005. Archived from the original on 29 October 2005. Retrieved 7 January 2012.
- ^ "O.C.G.A. § 16-13-71.627". Georgia General Assembly. 2017. Retrieved 19 June 2018.
- ^ "Idaho Statute 37-2705.32". Idaho Legislature. 2017. Retrieved 19 June 2018.
- ^ "CA HSC-11391-ARTICLE 7". CA Legislative Information. 2015. Retrieved 19 June 2018.
- ^ "Psylocybe Fanaticus Owner And Employees Indicted". United Nations. Retrieved 7 January 2012.
- ^ "Mushroom business lands 4 in trouble". United Nations. 24 February 2003. Retrieved 7 January 2012.
- ^ Honig, Esther (9 May 2019). "In Close Vote, Denver Becomes First U.S. City To Decriminalize Psychedelic Mushrooms". NPR. Retrieved 9 May 2019.
- ^ Weise, Elizabeth; della Cava, Marco (5 June 2019). "Oakland in California legalizes magic mushrooms and peyote". USA Today. Retrieved 5 June 2019.
- ^ McCarthy, Kelly (29 January 2020). "Santa Cruz decriminalizes psychedelic mushrooms". ABC News. Retrieved 31 January 2020.
- ^ Kaur, Harmeet (30 January 2020). "Santa Cruz decriminalizes magic mushrooms and other natural psychedelics, making it the third US city to take such a step". CNN. Retrieved 2 February 2020.
- ^ Stanton, Ryan (22 September 2020). "Ann Arbor OKs move to decriminalize psychedelic mushrooms, plants". mlive. Retrieved 22 September 2020.
- ^ Kreps, Daniel (4 November 2020). "Oregon Decriminalizes All Drugs, While D.C. Decriminalizes Psychedelics". Rolling Stone. Retrieved 8 November 2020.
- ^ O'Neill, Natalie (4 November 2020). "Oregon becomes first state to legalize magic mushrooms, decriminalize street drugs". New York Post. Retrieved 4 November 2020.
- ^ Feuer, Will (4 November 2020). "Oregon becomes first state to legalize magic mushrooms as more states ease drug laws in 'psychedelic renaissance'". CNBC. Retrieved 4 November 2020.
- ^ Jaeger, Kyle (4 February 2021). "Cambridge City Council Decriminalizes Psychedelics And Urges Police To End Drug Arrests More Broadly". Marijuana Moment. Retrieved 8 February 2021.
- ^ Jaeger, Kyle (2 April 2021). "Third Massachusetts City Approves Psychedelics Decriminalization Measure". Marijuana Moment. Retrieved 3 April 2021.
- ^ Adlin, Ben (4 October 2021). "Seattle Becomes Largest U.S. City To Decriminalize Psychedelics". Marijuana Moment. Retrieved 5 October 2021.
- ^ "Bill Text - SB-519 Controlled substances: Decriminalization of certain hallucinogenic substances".
- ^ "Documents" (PDF). impo.com.uy. 2018. Retrieved 16 September 2019.
- ^ "Documents" (PDF). adau.com.uy. Retrieved 16 September 2019.
- ^ "Decree 73/2018/ND-CP on Lists of narcotic substances and precursors". thuvienphapluat.vn.
Further reading[]
- International Legal Status of Psilocybin Mushrooms Ananda Schouten, 2004
- Psilocybin
- Drug control law
- Drug policy by country
- Law-related lists
- Lists by country