Legal Status mushroom grow kits depends on National law

A lot of questions are being ask on the legality of Mushrooms, grow kits , spores and truffles. It is difficult to keep track on individual or national laws (some not provide in English, makes it hard to read) some change to a more liberal of coping with the cultivation or use of mushrooms other countries get more strict and tighten the web of laws and rules and prohibit sales, use and cultivation of mushrooms.

At the end of this post there is an EU-publication about the legal status of mushrooms. Noting has been said about grow kits, truffles or spores. If you as a reader has any information or English versions of your national law please feel free to comment (as well on other issues).

The Dutch-case: Mushrooms and truffles

The Netherlands with it's liberal rules on drug use was the example for other countries (and some film makers) to use in positive or negative way to form their own laws/visions on drug use. But with the ban on first dried and in 2008 fresh mushrooms an end came to the liberal laws. The next step is prohibit cannabis for tourist and nobody will be surprised if the government or future governments will prohibit cannabis for  Dutch citizens also. So when Portugal en the Czech Republic have change there attitude to drugs-use and adopt there own version of the Dutch 'gedoogbeleid' the Dutch State is turning it's back to it's liberal past. Under pressure of  nieghbor countries France and Germany, The European Commission and a more conservative Dutch government laws are changing for us and restricting personal use, experience and forcing mind exploring people in to criminals.

But again there is still hope because not all laws can be forced upon us over a forth night. Still truffles, mushroom grow kits and spores are legal to own and purchase in the Netherlands. Also the picking of natures gift the  mushroom is in no way illegal.

Legal status of hallucinogenic mushrooms in European Counties

This article  is from the EMCDDA an EU organisation on monitoring drugs and drugs addiction. The table with laws and restrictions is lasted update on 30th of  April 2010 it is possible that not all information is actual and changes could be made in the laws of your country. As you can read below some European States restrict the mushroom it self other prohibit psilocin or psilocybin. The mushroom grow kit are containing hibernating mycelia which contains a very small 0,0 something % of psilocin/ psilocybin, however small percentage is this can still be enough to get them restricted in your country. Spores vials or prints  are containing no trace of these substances and possesion is  in most cases accepted. (no source for this information)

Notice also this sentence  “cultivation of any plant for the purposes of making a psychoactive substance” if it's in your national law your are clearly not in liberty to grow for personal use. But laws can be, will be and are  interpreted in other ways (in other times)

The article of  The European Monitoring Centre for Drugs and Drug Addiction

Mushrooms containing psilocin or psilocybin are known as hallucinogenic or "magic" mushrooms. Psilocin and psilocybin are controlled substances under Schedule 1 of the 1971 UN Convention on Psychotropic Substances, so all Member States control them accordingly. However, the control of the mushrooms themselves is interpreted in many different ways across Europe – this may reflect the extent to which they grow freely in certain conditions, and the fact that they appear to be a somewhat regional phenomenon.

In some countries, the law specifically lists hallucinogenic mushrooms themselves as a controlled substance and forbids their sale or possession.Some will simply treat the mushrooms as being the controlled substances of psilocin or psilocybin in compound form.Some look at the intent of the act; they ban cultivation, possession or sale only when for the purposes of abuse. Their condition is also considered – fresh mushrooms might not be considered illegal, but prepared or treated mushrooms are illegal – again perhaps reflecting the intent.Interpretation of the term “prepared” or “treated” may become a complex matter for the courts.Others use a catch-all phrase in the law (“cultivation of any plant for the purposes of making a psychoactive substance”).Finally, a number of countries remain with unclear legislation, simply as there have been so few cases that have come to court.

Country	Cultivation	Possession	Sale
Belgium	Specifically prohibited by the criminal law of 24 February 1921	Specifically prohibited by the Royal Decree of 22/1/1998	Specifically prohibited (as is offer for sale) by the Royal Decree of 22/1/1998
Czech Republic	‘Mushrooms’ as such not controlled, might be treated as psilocybin/psilocin (prohibited by the Penal Code, s. 187)	Might be treated as psilocybin/psilocin (prohibited by the Penal Code – possession in the quantity ‘greater than small’, s. 187a)	Specifically prohibited by s.15 of the Act on Narcotic and Psychotropic Substances (No. 167/1998 Coll.), but no penalty.May be treated as psilocybin/psilocin, or “promotion of drug use” (any addictive substance other than alcohol)
Denmark	Specifically prohibited by Executive Order 698 of 1993	Specifically prohibited by Executive Order 698 of 1993	Specifically prohibited by Executive Order 698 of 1993
Germany	Illegal if for the purpose of intoxication	Illegal if for the purpose of intoxication	Illegal if for the purpose of intoxication
Estonia	Specifically prohibited by the Narcotic Drugs and Psychotropic Substances Act	Specifically prohibited by the Narcotic Drugs and Psychotropic Substances Act	Specifically prohibited by the Narcotic Drugs and Psychotropic Substances Act
Greece	Prohibited by law 1729/87 (cultivation of any plant from which narcotic substances are produced)	May be treated as psilocin	May be treated as psilocin
Ireland	Illegal if cultivated	Specifically prohibited under Misuse of Drugs Act	Specifically prohibited under Misuse of Drugs Act
Italy	Specifically prohibited under art.26 of DPR 309/90	Specifically listed under Table I of the amended drug law 2006.	Specifically listed under Table I of the amended drug law 2006.
Cyprus	Prohibited by Law 29/77 which prohibits the cultivation of any plant or product from which such substances (class A controlled substances) may be extracted.	Treated as psilocin and psilocybin-prohibited by Law 29/77	Treated as psilocin and psilocybin-prohibited by Law 29/77
Latvia	Illegal under S. 256 of the Penal Code if a repeated offence	Treated as possession of a narcotic substance	Treated as sale of a narcotic substance
Lithuania	Illegal under Art. 265 of the Penal Code: Cultivating large amount of poppies, cannabis or any other plants included in the list of narcotic or psychotropic substances is prohibited.	No specific prohibition.IlIegal under Art. 44 Code of Administrative Offences.Illegal under Art. 259/260 of the Penal Code; Treated as possession of a narcotic or psychotropic substances.	No specific prohibition.Illegal under Art. 260 of the Penal Code; Treated as sale of a narcotic or psychotropic substance.
Luxembourg	Treated as psilocybin/ psilocin	Treated as psilocybin/ psilocin	Treated as psilocybin/ psilocin
Hungary	Illegal under Art. 282 of the Penal Code, treated as psilocin.	Illegal under Art. 282 of the Penal Code, treated as psilocin.	Illegal under Art. 282/A of the Penal Code, treated as psilocin.
Netherlands	Specifically prohibited under the Opium Act	Specifically prohibited under the Opium Act.	Specifically prohibited under the Opium Act.
Austria	Illegal if for the purpose of extracting a narcotic substance	Not legally controlled, but the judge may choose to convict for “attempt to commit a drug offence” depending on the motive.
Poland	Specifically prohibited under the Act on Countering Drug Addiction	Specifically prohibited under the Act on Countering Drug Addiction	Specifically prohibited under the Act on Countering Drug Addiction
Portugal	Treated as psilocin	Treated as psilocin	Treated as psilocin
Slovenia	Treated as psilocin	Treated as psilocin	Treated as psilocin
Slovakia	Little experience - may be treated as psilocin. Large quantities may be “preparation” of a drug trafficking offence (same sentence as an offence actually committed).	Little experience - may be treated as psilocin. Large quantities may be “preparation” of a drug trafficking offence (same sentence as an offence actually committed).	Little experience - may be treated as psilocin. Large quantities may be “preparation” of a drug trafficking offence (same sentence as an offence actually committed).
Finland	Treated as a narcotics offence, with severity according to the quantity.	Treated as a narcotics offence with severity according to the quantity.	Treated as a narcotics offence with severity according to the quantity.
Sweden	According to the Ordinance on the Control of Narcotic Drugs (1992:1554) those parts of the fungi Psilocybe semilanceata and Psilocybe cubensis growing above ground shall be considered to be narcotic drugs for the purposes of the Narcotic Drugs Punishments Act (1968:64). The same shall be the case for other fungi containing psilocybin or psilocin, if the fungi have been cultivated or if they have been dried or prepared in other ways.Cultivation of narcotic drugs is punishable according to the Narcotic Drugs Punishments Act (1968:64).	According to the Ordinance on the Control of Narcotic Drugs (1992:1554) those parts of the fungi Psilocybe semilanceata and Psilocybe cubensis growing above ground shall be considered to be narcotic drugs for the purposes of the Narcotic Drugs Punishments Act (1968:64). The same shall be the case for other fungi containing psilocybin or psilocin, if the fungi have been cultivated or if they have been dried or prepared in other ways.	According to the Ordinance on the Control of Narcotic Drugs (1992:1554) those parts of the fungi Psilocybe semilanceata and Psilocybe cubensis growing above ground shall be considered to be narcotic drugs for the purposes of the Narcotic Drugs Punishments Act (1968:64). The same shall be the case for other fungi containing psilocybin or psilocin, if the fungi have been cultivated or if they have been dried or prepared in other ways.
United Kingdom	Prohibited by section 21 of the Drugs Act 2005.	Prohibited by section 21 of the Drugs Act 2005. (Illegal whatever form they are in, whether raw or prepared, including when packaged for sale.)	Prohibited by section 21 of the Drugs Act 2005. (Illegal whatever form they are in, whether raw or prepared, including when packaged for sale.)
Norway	Prohibited according to the Regulation regarding Narcotics etc.	Prohibited according to the Regulation regarding Narcotics etc.	Prohibited according to the Regulation regarding Narcotics etc.

Source : www.emcdda.europa.eu/html.cfm/index17341EN.html