Are psilocybin spores really legal

Again and again it is discussed whether magic mushrooms or magic mushrooms are or should be legal. The legal situation on this subject is not even uniform within the EU.

Attention: This text only provides an up-to-date assessment of the question “Are magic mushrooms legal? from. It does not constitute legal advice. The situation in the individual countries can change at any time, of which we may not be aware. Please inform yourself about the current legal situation at your location. If you are in conflict with the law, contact a lawyer and do not rely on information on the Internet.


Are magic mushrooms legal in Germany?

There are voices that claim the legal situation regarding magic mushrooms in Germany is not clear. The proponents of this theory relate essentially to 2 arguments

  1. The prohibition of substances such as psilocybin and psilocin listed in Annexes 1 to 3 refers to plants or parts of plants. Since fungi are not biologically plants, it is assumed that the ban from the BtmG does not apply to magic mushrooms
  2. Since magic mushrooms are also legal in other countries such as the Netherlands, they would also have to be legal in Germany in terms of the free movement of goods. This argument has been over since December 1st, 2008, when the Netherlands also banned fresh mushrooms containing psilocybin. Nevertheless, it still haunts the internet and is often used, especially in Germany, to prove the alleged legality of magic mushrooms.

Magic mushrooms are banned in Germany

You can twist and turn it as you want. Magic mushrooms are banned in Germany and it doesn't look like anything will change in the near future. At the moment there is not even a serious discussion about legalization, as is the case with marijuana, for example.

This ban applies to all parts of the mushroom. Regardless of whether it is fresh or dried mushrooms, mycelium or spores. All components of so-called psilocybin-containing mushrooms are forbidden in Germany and their possession is therefore illegal.

Current legal situation in Germany

Are magic mushrooms legal in Austria?

Austria is one of the few countries that has a less criminalizing approach to magic mushrooms. Magic mushrooms are not completely banned there. Despite the liberal attitude of the Alpine country, Austria has still not fallen into anarchy and collective madness even after many years of this practice.

To anticipate it right away. Magic mushrooms are also illegal in Austria. Anyone who owns or even trades in dried mushrooms containing psilocybin will be charged and convicted under the Addictive Substances Act.

Only the possession of fresh mushrooms, mycelium or cultures is allowed in Austria as long as they are not used as intoxicants.

Current legal situation in Austria

Are magic mushrooms legal in Switzerland?

Magic mushrooms have been banned in Switzerland since January 1st, 2002. And since no half measures are done in Switzerland, all components of magic mushrooms were banned. This applies to both the possession and the trade in mushrooms containing psilocybin as they are mentioned in the Swiss Narcotics Act (BtmG).

Current legal situation in Switzerland

Is it legal to collect magic mushrooms yourself?

Clever nature lads and nature girls might come up with the idea of ​​simply collecting magic mushrooms themselves instead of ordering them illegally over the Internet or buying them somewhere under the counter. After all, there are also mushrooms in our latitudes such as the conical bald head that does not have to hide from its South American or Asian relatives when it comes to psilocybin content.

But of course the law does not stop at an alpine meadow and it is forbidden to collect mushrooms containing psilocybin in Germany.

Note: Be aware that clever natural bushes and natural girls also work for the police. And a policeman who knows his territory may also know where the magic mushrooms can be found in the wild. We are not aware that alpine meadows are monitored extensively, but it should have happened that people have been caught illegally collecting psilocybin-containing magic mushrooms.

It is also not recommended to “slip and accidentally fall face into mushrooms and accidentally swallow a few”. The judges in this country have probably heard this too often and apart from the legal consequences, it can also be very dangerous not to have all your senses together in the mountains.

Can you buy magic mushrooms legally on the internet?

Even if many online shops promise otherwise, you cannot legally order magic mushrooms online. It may be that these online shops actually sell magic mushrooms - that is, (magic) mushrooms containing psilocybin and actually send them. As a result, they remain illegal, at least in Germany and Switzerland. If you want to order magic mushrooms online, there is a good chance you will either be ripped off or arrested.

The ban applies to all stages of the fungus. So-called grow kits (ready-made growing sets with already colonized mushroom substrate) or mycelium syringes are often offered. These are just as illegal as the finished fresh or dried mushroom. Even if it may sound tempting to buy magic mushrooms on the Internet, we strongly advise against it - if it is prohibited in your country.

Is growing magic mushrooms legal?

If you search the Internet for the answer to the question of whether growing magic mushrooms is legal, you get the impression that there are opportunities in Germany to grow magic mushrooms legally. But we can assure you that it is not so. Growing magic mushrooms is not legal in Germany. It is forbidden to own the spores, the mycelium or the finished mushroom. Whether fresh or dried.

Even if the shops make a very serious impression and offer their products professionally packaged, growing magic mushrooms is illegal in Germany and Switzerland. No matter what is promised there in the advertising.