Where Can One Legally Take Magic Mushrooms?

Psilocybin is the psychedelic substance that gives magic mushrooms their psychedelic properties. An estimated 180 mushroom species contain the compound, or psilocin, its derivative. Magic mushrooms have a long history of usage in religious and spiritual rituals.

The fungi are also among the most popular and regularly used psychedelics in Europe, North America, and South America. However, magic mushrooms are legal in relatively few locations. Presently, the landscape is changing, primarily due to evidence of psilocybin mushrooms helping with certain medical issues.

The landscape is changing, primarily due to evidence of psilocybin mushrooms helping with certain medical issues.

A review of studies published in The Mental Health Clinician in 2017 looked at the clinical potential of psilocybin as a means of addressing certain mental health issues. The researchers looked at the use of the drug on depressed mood, suicidality, and anxiety disorders and concluded that psilocybin could have some efficacy in treating these conditions.

This research, in part, could help open the doors to pursuing psilocybin legality. In this article, we look at the places where one can legally take magic mushrooms today. For easier navigation, we have divided the guide into regions.

Please note that this article will mention areas where mushrooms have been decriminalized. Decriminalized does not equate to full legality. Instead, it means that the offense does not go on a criminal record. Perpetrators may receive a fine for what is termed a civil infraction instead.

North America (Including the Caribbean)

Before we begin, it is important to note that psilocybin and psilocin prohibition is primarily based on the United Nations Convention of Psychotropic Substances in 1971. Nations who signed on to that treaty agreed to prohibit psychedelics such as LSD, mescaline, and psilocybin. At that time, there was grave concern over the rising usage of such drugs.

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At the convention, psilocybin became a Schedule I substance. This classification suggested that the drug was a risk to public health with no therapeutic value. However, the convention failed to define the legality of Psilocybe mycelium or the spores of magic mushrooms. The spores contain relatively low levels of the drug.

This was almost certainly an oversight. It resulted in countries exploiting the loophole. Also, Article 32 of the treaty permits the legal usage of specific plants for traditional indigenous uses.

The United States of America

On a federal level, psilocybin remains a Schedule I substance. According to the federal government, this means it has no therapeutic value and a high risk of addiction. However, a handful of municipalities have taken steps to soften the stance toward mushrooms.

Major cities such as Denver, Santa Cruz, and Oakland have decriminalized the use of psilocybin in recent years. In almost all states, purchasing mushroom spores and growing the mushrooms is technically allowed. The spores of magic mushrooms are only explicitly illegal in California, Idaho, and Georgia. Additionally, several religious groups are permitted to use psilocybin in religious ceremonies.

The election of November 2020 saw a huge breakthrough for psilocybin. Oregon became the first American state to legalize psychedelic mushrooms for medicinal use via the passage of Measure 109. Via the newly-passed measure, Oregon residents can legally use magic mushrooms in a therapeutic setting. However, it will take two years for the state to work out regulatory details.

Oregon has also decriminalized the usage and personal possession of small quantities of most drugs.

Canada

America’s northern neighbor became the second country in the world to legalize cannabis. However, Canada has not yet done the same for magic mushrooms. At present, it is legal to purchase spores and pre-inoculated grow kits. Picking mushrooms in nature is also permitted.

Laws surrounding the use of magic mushrooms in Canada are loosely enforced. Indeed, various companies sell them online in different forms. According to the Canadian Controlled Drugs and Substances Act, enforcing these laws is a low priority.

At the time of writing, Health Canada has granted exemptions to a number of terminally-ill patients and some healthcare providers to try psilocybin therapeutically.

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Mexico

The possession and use of magic mushrooms remain illegal in Mexico as part of the Ley General de Salud of 1984. However, indigenous tribes can use substances like magic mushrooms and peyote in religious ceremonies. It is not legal for them to do so, but the police hardly ever enforce the law against such tribes.

The result is a flourishing psychedelic tourism trade. People travel from all around the world to experience one of these ceremonies.

The Caribbean

The Bahamas

While the Bahamas is a signatory to the 1971 UN Convention, the sale, possession, and use of magic mushrooms are legal in the Bahamas.

The British Virgin Islands

The Virgin Islands are located in the Caribbean but remain part of the United Kingdom. It is legal to consume and possess magic mushrooms there. However, the sale of mushrooms remains illegal. Despite this obstacle, many stores in the Virgin Islands openly sell magic mushrooms.

Jamaica

There is no specific law that makes psychedelic drugs illegal in Jamaica. As a result, the nation plays host to a huge number of psychedelic retreats. Also, magic mushrooms are openly sold in Jamaica with no legal threat.

South America & Central America

Brazil

Psilocin and psilocybin are illegal, but the fungal species are not, therefore, psilocybin mushrooms themselves are not considered illegal.

There are no records of people being arrested or otherwise placed in legal jeopardy for growing or possessing magic mushrooms. There are even special websites dedicated to the sale of mushrooms.

Europe

Austria

The possession of magic mushrooms is decriminalized in Austria. Technically, residents can legally grow the mushrooms but it illegal to harvest them. It is also possible to purchase grow kits online or in Austrian stores. Also, there are no restrictions on the possession of fresh mushrooms like those found in nature.

Iceland

Magic mushrooms are illegal in Iceland in dried form. However, there is no direct law forbidding the cultivation or picking of fresh mushrooms. It is important to note that psilocybin itself is an outlawed substance in Iceland.

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Israel

Psilocybin and psilocin are illegal substances in Israel. However, the sale, cultivation, and possession of magic mushrooms are permitted as long as it is for research and not personal use purposes.

Italy

While psilocybin remains an illegal substance, it has been decriminalized. It is legal to purchase, sell, and possess grow kits and spores in Italy.

Netherlands

The possession of dry and fresh magic mushrooms is illegal in the Netherlands and has been since December 2008. This likely comes as a surprise to tourists, given the country’s reputation. However, it remains legal to purchase and use psilocybin in truffle form. These so-called magic truffles are now fully legal and taxed.

Poland

Psilocin and psilocybin are illegal substances. However, Polish law does not outlaw the magic mushroom fungal species. It is possible to find grow kits and spore kits in Poland.

Portugal

Magic mushrooms are illegal in Portugal. However, the European nation decriminalized the possession of small amounts of all drugs in 2001.

Spain

The sale of psilocybin is illegal, but cultivation and possession are legal in mushroom form. The production, distribution, and possession of psilocybin is illegal. However, personal use of small amounts in a private place is decriminalized.

Asia

Nepal

Tourists can freely buy and consume magic mushrooms in this mountainous country. At present, mushrooms are uncontrolled substances in Nepal.

The Philippines

This is yet another nation with seemingly ambiguous magic mushroom laws. One on hand, the Philippines is a signatory to the 1971 UN treaty. On the other hand, psilocybin mushrooms are not part of the nation’s Comprehensive Dangerous Drugs Act of 2002.

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Vietnam

Decree 73 added psilocin and psilocybin to the list of banned substances in Vietnam in 2018. Yet the law does not forbid the use of mushrooms for ornamental uses. Scientists are also free to continue researching mushrooms. In general, psilocybin mushrooms are openly sold in Vietnam despite the law.

Oceania

Samoa

Visitors to this tropical location are in luck. It is relatively easy to find psilocybin mushrooms in nature. The use and possession of mushrooms are not mentioned in Samoan law. At present, there are no laws against the use of magic mushrooms in Samoa.

Final Thoughts on Where One Can Legally Take Magic Mushrooms

Ambiguity is the word of the day when discussing magic mushroom legality. The use of psilocybin is generally only fully permitted in the Bahamas, Brazil, Jamaica, Nepal, and Samoa. Even in these countries, it is more an absence of laws saying the drug is illegal, rather than laws expressly allowing its use. In dozens of other countries, there is some confusion over psilocybin and magic mushrooms’ legal status. In some places, it is legal to use but not to sell. Meanwhile, in others, it is an illegal drug, but the law is hardly ever enforced.

We urge caution if you intend on buying and using magic mushrooms in the countries listed above. While one tourist may purchase and consume psilocybin with no problems, another could find themselves in legal strife.

Finally, is it not recommended to use magic mushrooms when alone. Effects can be unpredictable and it is best if they are taken only under the guidance of a skilled facilitator.

We take no responsibility and assume no liability for any cases where an individual is arrested for the use of psilocybin after reading the information in this guide.

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