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Tomorrowland Belgium & Magic Mushrooms: A Guide to Psilocybin
Oct
Magic Mushrooms are a Schedule 1 substance in Europe. However, a growing movement towards decriminalization and psychedelics is leading to significant legal changes. This article explores the legality of magic mushrooms in Europe and highlights the trends leading toward more lenient regulations.
Legality of Magic Mushroom Overview
Psilocybin, the main psychoactive ingredient in magic mushrooms, was outlawed in the UK and Europe in 1971. Under the United Nations Convention on Psychotropic Substances, psilocybin was classed as a Schedule 1 substance, deeming it with high abuse potential and no recognized medical benefit. However, with increasing evidence for psilocybin’s therapeutic uses and low relative safety, the British and European governments have begun to revise these laws.
Psilocybin remains a Schedule 1 compound in the UK and Europe, but there has been a growing movement for decriminalization. In countries where magic mushrooms and psilocybin are decriminalized, growing, using, and selling mushrooms are still illegal, but those caught in possession of magic mushrooms are likely to face no punishment or a small fine.
Magic Mushroom Decriminalization
The decriminalization movement emphasizes that drug criminalization causes more public harm than good due to the violent nature of underground drug markets and the lack of safety regulation. Portugal became the first country to decriminalize all drugs in Europe and has had a significant decline in drug-related overdoses and crime.
Decriminalization also supports that individuals should have the freedom to explore their consciousness using mind-altering drugs such as magic mushrooms and other psychedelics.
European countries where magic mushrooms are decriminalized include:
- Austria
- Czechia
- Estonia
- Latvia
- The Netherlands
- Portugal
- Slovenia
- Spain
- Switzerland
Psychedelic-assisted Therapy in Europe
The surge of interest in psilocybin’s therapeutic potential has led to a widespread movement to make psilocybin and magic mushrooms medically available. Numerous studies show that when combined with therapy, psilocybin can have transformative benefits for those with depression, anxiety, post-traumatic stress disorder, eating disorders, substance abuse, and obsessive-compulsive disorder.
Psilocybin-assisted therapy isn’t legal in Europe and can only be accessed through clinical trials. An exception is in Switzerland, where doctors can request licenses to administer psilocybin to patients with severe conditions that haven’t responded to existing treatments.
In 2023, Oregon legalized the therapeutic use of magic mushrooms, and Australia legalized psilocybin therapy for mental health. These legal changes highlight a global shift in attitude towards magic mushrooms, that could lead to similar rulings in European countries.
Legality of Magic Mushroom in Europe
The Netherlands
Before 2008, magic mushrooms could be legally sold and cultivated in the Netherlands and were easily purchased from smartshops. Psilocybin was listed as a Schedule 1 equivalent, but the mushrooms themselves were considered “fresh material” and so the Dutch government considered them with a legal status.
Mushrooms were outlawed in 2008 after the death of a teenager who used them and jumped off a bridge. However, the ruling explicitly refers to mushrooms, and so the sales and possession of sclerotia, another part of the psychoactive fungus, remain legal under Dutch law. Sclerotia are hardened masses of fungal mycelium sold as “magic truffles” in smartshops.
Magic mushroom spores, the reproductive units of fungi, are also legally available to sell and purchase in the Netherlands and may be found in smart shops. However, germinating and cultivating them into magic mushrooms is a criminal offence.
The legality of magic truffles has made the Netherlands a hub of psychedelic tourism, with people from all over the world visiting to have a legal psilocybin experience using magic truffles. The country is also home to many psychedelic retreats, where people can use truffles in guided, ceremonial settings for the purpose of healing and transformation.
Austria
In 2016, Austria decriminalized the personal possession and consumption of magic mushrooms. They still remain scheduled compounds, but those caught with personal amounts are unlikely to be charged.
Cultivating mushrooms is a legal grey area. Magic mushroom spores can be legally purchased and cultivated, but harvesting the mushrooms for personal consumption is outlawed.
Spain
Spain has partial decriminalization laws, allowing people to grow and consume drugs, including magic mushrooms, in private. This means they can be used in the confines of one’s home or other dedicated places, like special cannabis clubs, but not in public areas.
Because of this leniency around psychedelics, the country has become home to an increasing number of psychedelic retreats taking place in remote, non-public areas.
Magic mushrooms do however remain a scheduled substance, and their cultivation and distribution of mushrooms can result in serious criminal penalties.
