What Is The Legality Of Psilocybin Mushrooms?

Patrick Smith · March 2nd, 2017

Disclaimer: psilocybin and the closely related compound psilocin are potentially illegal substances, and we do not encourage or condone use where it is against the law. However, we accept that illegal drug use occurs, and believe that offering responsible harm reduction information is imperative to keeping people safe. For that reason, this guide is designed to ensure the safety of those who decide to use the substance. We do not encourage using this drug outside of a legal or traditional context.

Psilocybin is a miracle of the natural world. It’s a powerful, intense psychoactive substance that can be found in hundreds of species of fungi – known sometimes as magic mushrooms or psychedelic mushrooms. Right now, some of these mushrooms could be growing in your back garden.

Psilocybin mushrooms have a long history of traditional use, beginning with groups of aboriginal Australians tens of thousands of years ago, and continuing to Mesoamerican cultures whose descendants still use psilocybin to this day.

It’s strange then that these common fungi have been deemed illegal in many countries. This guide aims to inform you about the legal status of psilocybin and the organisms that contain it, in various countries worldwide.

The reasons behind the prohibition of psilocybin-containing fungi dates back to the drug war of the 60s and 70s. Like LSD, psilocybin was seen as a hallucinogenic drug that was powering the counterculture movement of the time; or, more likely, as a potential scapegoat that could be used to retain the government’s power over anti-war and liberal groups.

The Vienna Convention of 1971 was an attempt of the UN, spearheaded by the US, to counter the growing popularity of psychotropic drugs such as LSD, MDMA and psilocybin. It suggested a scheduling system for all agreeing countries to adhere to, classifying drugs into categories of harm and controlled substances. 183 countries have now agreed to this convention, and it directly led to the creation of such draconian laws as the US Psychotropic Substances Act and the UK’s Misuse of Drugs Act.

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Psilocybin falls into an interesting grey area here – the Vienna Convention was designed to target the manufacturing of synthetic psychotropics like LSD and MDMA; however, psilocybin is a naturally occurring substance. Similarly to the legal status of the natural psychedelic ayahuasca, the legal status of psilocybin can be left up to interpretation in many countries, even those that are party to the Vienna Convention.

Despite this, most countries have decided to treat psilocybin as a schedule I drug, imposing the harshest possible punishments for its possession and sale.

There is no science or reason behind the prohibition of psilocybin – to this day there is no evidence of harm from the occasional sensible use of the substance, either short-term or long-term. In fact, a growing body of evidence suggests that psilocybin and other psychedelics could be used to effectively treat conditions such as depression and anxiety.

Unfortunately, drug policy is built on prejudice and fear, not compassion and reason. This means that in most countries worldwide, you can go to prison for using a harmless naturally-occurring substance for self-healing.

Thankfully, there are islands of hope in the rough waters of international drug policy. We’ve organised the legal status of psilocybin into sections, allowing you to see which countries (or states) will allow you to purchase, grow or consume psilocybin mushrooms.

NOTE: This information is curated to be as accurate as possible at the time of writing, but should not be treated as a ‘green light’ to perform potentially illegal activities. Always check your local laws.

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These countries have made at least some form of psilocybin totally legal to possess and consume, and possibly legal to sell and transport.


Although psilocybin is technically illegal in Brazil, the mushrooms containing psilocybin are not illegal to possess, consume or sell. In Brazil, illegal activities have to have specific laws to address them, and as such there are no cases of arrests related to psilocybin. Additionally, the natural psychedelic ayahuasca is legal for sacramental use in Brazil, and this law can also apply to psilocybin mushrooms, if used in a sacramental setting.


Sale and transport of psilocybin mushrooms is technically illegal, but possession of psilocybin and consumption is not prohibited. Having said that, many places will sell them to tourists without apparent consequences. Although some details are unclear, it appears that you won’t get in trouble for drinking a ‘shroom shake’ in BVI.


The use of magic mushrooms in Jamaica appears to be totally legal – or at least, authorities turn a blind eye. As long as you behave responsibly, there’s no need to worry. You can even book a magic mushroom retreat, and enjoy your mushrooms in a context of spiritual development.


Due to a loophole in a law designed to prohibit the use of psilocybin, you can still purchase and consume psilocybin in the form of “magic truffles.” Truffles are just a different part of the mushroom, known as the sclerotia, which remain dormant and help the mushroom regrow after damage. Spores and growing kits are also legal. Be aware that many forms of psilocybin mushrooms are still illegal to possess and sell, dry or fresh.

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These countries may have different laws regarding dried/fresh mushrooms, may allow the cultivation of mushrooms or the sale of psilocybin mushroom spore syringes, or may just have safe havens where law enforcement selectively ignores laws.


recent law changed the legal status of psilocybin, meaning that its use is now decriminalized. You may be required to attend therapy if caught. Spores and grow kits are legal to buy, and you can even grow your own mushrooms, as long as you don’t eat them when they’re ready…


Although dried mushrooms are illegal to possess, there are apparently no restrictions on the possession and consumption of fresh mushrooms. It’s also legal to purchase grow kits and spores. However, there seems to be some uncertainty surrounding these interpretations, as psilocybin is a schedule III drug in Canada, with possession and manufacture (possibly interpreted as growing) punishable with prison terms.


Lots of magic mushrooms grow in Costa Rica, and there are many stories of people collecting them for personal use. Their legal status is uncertain, so if you want to be safe, don’t risk it. However, we have heard no stories of people being arrested for possession, sale, or consumption.


The cultivation of magic mushrooms has been decriminalized in the Czech Republic, as long as you are growing a “small” amount. Possession of large amounts is still illegal.


Although Indonesia has ridiculously harsh drug laws that could see you in prison for a long time, a psilocybin paradise can be found on the Gili islands near Bali. Still, psilocybin mushrooms are still officially illegal, so don’t risk anything.


Psilocybin is officially illegal to possess, cultivate and sell in Mexico; however, authorities turn a blind eye to sacramental or traditional use and cultivation of fresh mushrooms. This is in line with the interpretation of the UNODC Bulletin allowing the sacramental use of psychotropic preparations.


Psilocybin mushrooms are decriminalized in Portugal, meaning you can possess small amounts of them without going to jail. However, you’ll end up on some court-mandated rehabilitation or therapy if you get caught.


While mostly illegal in Spain, the personal use of psilocybin mushrooms has been decriminalized. There is a considerable amount of ambiguity surrounding the use of grow kits and spores, and the possession of small amounts of fresh mushrooms. It’s best to not take any risks.


Psilocybin is illegal in Thailand, and like in many Southeast Asian countries, the implications can be severe. Having said that, there are a few relatively-safe havens that offer ‘shroom shakes’. Be sensible; it’s probably not worth the risk.


Surprisingly, despite federal law designating psilocybin as a schedule I drug in the US, many state laws allow the sale and purchase of spores (as long as you aren’t going to use them to actually grow mushrooms). The states which also prohibit the sale of spores are California, Georgia and Idaho. Amazingly, it’s legal to grow psilocybin mushrooms in New Mexico – and there’s even a religious group devoted to their sacramental use. Furthermore, psilocybin mushrooms have been decriminalized to varying extents in the cities of Denver, Colorado, Oakland, California, and in the state of Oregon. Furthermore, psilocybin is increasingly being used for legal research purposes in the United States as well.

Watch the video below to learn about the difference between psychedelic decriminalization and medicalization in the U.S. and why it matters.

Psychedelic Decriminalization vs Medicalization: what’s the difference and why it matters

Psychedelic retreats are a great option if you want to experience plant medicine in a legal, and intentional way. Find a list of vetted retreat centers offering psilocybin mushroom ceremonies worldwide.

Want to easily grow mushrooms at home?

Third Wave’s Mushrooms Grow Kit and Course turn the daunting task of cultivating mushrooms into a simple one.

Our in-depth guide and step-by-step videos will have you harvesting your own home-grown mushrooms in no time.


Finally, these countries don’t allow any form of psilocybin; you can’t buy growing kits or spores, you can’t possess small quantities, you can’t even pick naturally growing mushrooms in the wild. Most countries are in this category – but we believe it will change in time.


All hallucinogens are illegal in Australia. Listen to our interview with Dr Stephen Bright to hear more about drug stigma in Australia and how it is impacting medical research.


Psilocybin is illegal in all forms, to possess, consume, sell and transport.


Possession, sale, cultivation and use of psilocybin mushrooms is illegal by royal decree in Belgium.


The law states that any substance or plant from which psilocybin can be extracted is illegal.


All aspects of psilocybin mushroom cultivation, sale and use have been illegal in Denmark since 2001.


Psilocybin mushrooms have been specifically prohibited for possession, use and sale.


In addition to psilocybin being illegal, growing of psilocybin mushrooms has been prohibited since 2008. Punishments are based on quantity.


All aspects of psilocybin use, sale and possession have been illegal for over 50 years in France.


In 2001, an amendment to already prohibitive drug laws made sure to totally restrict the cultivation of any psilocybin-containing plant or animal (yes, animal…).


Psilocybin is completely illegal, as well as the cultivation of psilocybin mushrooms.


Psilocybin possession, sale and cultivation is illegal.


Psilocybin is illegal to sell, possess and use. Since 2006, cultivation of psilocybin mushrooms has also been illegal.


All aspects of psilocybin cultivation and use are illegal.


Although a legal loophole previously allowed the use of psilocybin mushrooms in Japan, this was directly outlawed in 2002.


Psilocybin is illegal, although cultivation is apparently ignored if a first offence.


Psilocybin is illegal to possess and sell, although cultivation is only illegal if in a “large amount.”


Psilocybin mushrooms are Class A drugs, and all forms of psilocybin are illegal.


Illegal according to the Regulations Regarding Narcotics.


All forms of psilocybin are illegal to possess, sell, cultivate and use.


All forms of psilocybin are illegal to possess, sell, cultivate and use.


Although psilocybin in all forms is illegal, it appears that psilocybin mushroom spores are legal to purchase.


Although Sweden’s laws are oddly worded and perhaps open to interpretation, any fungi containing psilocybin are apparently illegal to cultivate.


Information is unclear about psilocybin’s legal status in Turkey, but can be assumed to be highly prohibited.


Prior to 2005, fresh psilocybin mushrooms were entirely legal in the UK. However, since then they have been specifically prohibited by section 21 of the Drugs Act.

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Our in-depth guide and step-by-step videos will have you harvesting your own home-grown mushrooms in no time.


These countries have not agreed to the Vienna Convention, and as such have no obligation to make psilocybin illegal. They appear to have no laws on psilocybin cultivation and possession, but we haven’t been able to find any solid confirmation:

East Timor, Equatorial Guinea, Haiti, Kiribati, Liberia, Nauru, Samoa, Solomon Islands, South Sudan, Tuvalu, and Vanuatu.


If you want to get your hands on psilocybin mushrooms, there are several options. You can find out if you can legally grow psilocybin mushrooms in your country. Perhaps you can pick wild psilocybin mushrooms and keep them for personal use. Or you can travel to somewhere with a more sensible drug policy.

Despite the heavy restrictions on access to these healing fungi, it’s still possible to find them. As the evidence of the healing benefits of psilocybin grows, we expect to see more countries relax their prohibitive stances.

Until then, obey the laws of your country, campaign for change, and – if necessary – go on a shroom vacation or two!

Important Note: This is a constantly-evolving document. If you believe we’re missing something important, please let us know via the contact page.

Third Wave’s Ultimate Guide To Safely Sourcing Psychedelics

Discover many types of psychedelic medicines, what they are commonly used for, and various ways to source them safely.

I work or aspire to work in the psychedelic space
I am interested in learning about psychedelics

Reader Interactions


  1. AvatarEleni says

    HI, My name is Eleni and I’am from Greece.As I have already read in Greece, it is forbidden to use psilocybin. There is a way to buy seeds for personal cultivation?

  2. AvatarMike says

    I know for distilling the ATF gets your information of what you buy. Do you inform the FDA of each person’s purchase?

  3. AvatarVeebs says

    Thank you so much for this amazing site.
    Has helped a lot on my knowledge on magic mushrooms. So thank you so much for that!

    It’s a shame, that so many countries prohibit all magic mushrooms. It’s truly a healing force of nature – just like cannabis. But “they” don’t understand. It is at least somewhat comforting, that I’m not alone loving all of these healing “drugs” from nature. There’s a lot for us to learn, friends.

    Keep up your great work here!
    I’ll stay tuned for sure.

  4. AvatarApollo says

    oxi, Elenaki mou…Unfortunately anything at all related to shrooms including spore is illegal. Remember, this is not presently Hellas, this is christian elladistan!

    • Avatarbk says

      Grow kits can be purchased in US and are not illegal. Grow kits do not come with the mushroom spores. Mushroom spores are bought separately and are not illegal to own in Texas.

      You could visit this website to see grow kits for any type of mushroom:

      Legally you cannot grow, possess, or ingest psilocybin mushrooms in Texas.

      I am not a lawyer or expert so please do your own research.

  5. AvatarSiavash Nazari says

    Does anyone know if I can order psilocybin growing kit from overseas? I’m living in Texas USA
    Is it safe to order without being worried for law enforcement showing on my door?

    • AvatarRalph says

      Work to educate your friends to vote in a more enlightened governor and state legislature. The ones you have now are taking you backwards toward Nazi Germany. Your option is to move to a state that permits more freedom, including the possession and use of psilocybin.

    • AvatarHaya says

      Due to the current laws that govern psychedelic use and distribution, we cannot allow any information regarding buying or selling illegal substances to be shared on our website.

  6. AvatarBrent Smith says

    I recieved 20 years for manufacturing with intent to distribute for growing mushrooms in Iowa. I live in a very nice area of town, and I make good money as a programmer. The police were at my house after water leak while I was gone. Once they came in, they saw my mushrooms growing in a closet with an open door in the basement. This got them a search warrent to search the rest of the house. During the search they found a legal handgun in my upstairs bedroom walkin closet, unloaded. My charges were doubled because anytime there is a handgun and drugs present, the punishment is doubled and it is labeled a violent crime. My pleabargin took the handgun off, but I had to plead guilty to intent to distribute. I did 6 months in prison and was released on a reconsideration with 2 felonies and 2 years probation. I work for myself, imagine trying to find a job with 2 felonies. All that for mushrooms!

  7. AvatarDavid Price says

    This kind of awareness is very good and would benefit a lot of people in the long run.
    I hope that this will progress and improve people’s lives. Thank you for sharing!

  8. AvatarCraig says

    I was wondering what the legality is in places where they just grow wild, like psylicibin cubinis here in the southeast US? That can not possibly count as cultivation since no one planted or cared for them, they just grow on their own 🙂

  9. AvatarElliot says

    With Colorado on the brink of legalizing PSILOCYBIN, all has changed. Colorado will now be a destination for both Cannabis and mushrooms. Other states are waiting on the sidelines. If some naked guy runs into the street high on a trip and gets run over, all bets are off. So I suggest that sellers be wary to only sell to responsable mentally sound individuals or even arrange for controlled settings where one can safely take a trip.

  10. AvatarDaniel Shields says

    Thank you for sharing and spreading awareness! I hope that this magical plant would not be abused and misused. Everything, if used properly and moderately proves to be beneficial. I hope this could be the future treatment of a lot of diseases. It has endless capabilities!

  11. AvatarMarian says

    Talking about Latvia. No its extreamly illigal to grow. Yes the first time offence is tehnicaly 280+ EUR for the first time but 5g of hallucinogenic mushroomsis considered as huge amount and will get you from 3-10 years in prison. In latvija you have to look on what is considered huge amount and frankly 5g is just that.

  12. AvatarSondos Kassier says

    I live in Arizona and l have a medical marijuana card from the State of Arizona would l be able to cultivate and grow mushrooms or how do purchase anonymously LSD psychedelic for healing severe anxiety, panic attacks, depression PTSD, ADD, reoccurring nightmares? Please help me. I have been on fart pharmaceutical mental illness medication for over 30 years with 10 attempted suicide there’s nothing l want other than to have a peace of mind and inner peace by feeling safe and confident in my own skin.

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