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Status checked 14 Oct 2026

Sheet 05 · Where legal · updated 14 Oct 2026

Where magic mushrooms are legal in Europe, and where a small amount is only a fine

No European country allows the mushrooms. The penalty for a small amount differs: a crime in 20 countries, a minor offence in nine, decriminalised in Portugal.

Magic mushrooms are not legal in any country in the EU, the EEA, the United Kingdom or Switzerland. The closest thing to a legal option is a different product: fresh magic truffles, which are legal for adults in the Netherlands only. What does vary a lot is what happens to someone found with a small amount for their own use. This sheet sorts the 32 countries in our grid by that consequence.

Why every country bans them

Psilocybin and psilocin are in Schedule I of the 1971 UN Convention on Psychotropic Substances, the strictest category (UNODC). Every country in the grid controls psilocybin in its own drug law. The convention covers the substances; how far the mushrooms themselves are covered is left to each country. That is why the laws differ in wording:

  • The fungi are named. Most lists name the mushrooms, a genus such as Psilocybe, or "any fungus" containing psilocin. Examples are the Netherlands, Germany, France, Italy, Denmark, Norway, Sweden, Finland, the United Kingdom and Ireland.
  • Only the substances are named, and courts or public bodies apply the ban to the mushrooms. Poland, Spain and Belgium are examples.
  • Only the substances are named, and we found no confirmation for the mushrooms. Iceland, Greece, Cyprus and Malta. The mushroom cell for these four is marked unverified in the grid. That does not mean they are allowed.

Possession of a small amount, sorted

ConsequenceCountries
Criminal offenceBelgium, Bulgaria, Cyprus, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Liechtenstein, Lithuania, Luxembourg, Norway, Poland, Romania, Slovakia, Sweden, United Kingdom
Minor or administrative offenceCroatia, Czechia, Estonia, Italy, Latvia, Malta, Slovenia, Spain, Switzerland
DecriminalisedPortugal
Offence, but not prosecuted below a set amountNetherlands
Depends on the formAustria

"Criminal offence" covers a wide range. In Liechtenstein the penalty is a fine; in Lithuania it is a criminal misdemeanour with community service or a fine; in Cyprus the maximum for Class A possession is 12 years. The grid shows the range for each country in the possession column, and the country records give the article.

The countries that come closest

Portugal. Since Law 30/2000, holding drugs for your own use, up to an amount for ten days, is an administrative offence, not a crime. Psilocybin is in table II-A of Decree-Law 15/93. Growing your own is still a crime under article 40, and importing counts as trafficking.

Czechia. A reform of the Criminal Code took effect on 1 January 2026. A small amount of mushrooms is a misdemeanour with a fine of up to CZK 50,000; more than a small amount is a crime with up to one or two years (Act 270/2025). The law itself does not set the threshold. Supreme Court guide values from 2014 put it at 40 fruiting bodies, but we could not confirm that courts still apply them under the new law.

Spain. Consuming or holding drugs in a public place is a serious administrative offence with a fine from 601 euros (LO 4/2015). Private own use is outside that rule. Growing, selling or importing remains a crime.

Italy. Own use leads to administrative sanctions of two months to a year, such as suspension of a driving licence or passport (DPR 309/1990, art. 75). The genera Psilocybe, Conocybe and Stropharia are named in Tabella I.

Austria. The drug law has a separate rule for psilocybin mushrooms that covers offering, supplying and growing them for misuse (SMG § 27). Buying or holding the mushrooms is not in that rule; checkit, the drug information service of Suchthilfe Wien, says it is not punishable. Holding psilocybin as a substance is.

Switzerland. Consumption is a contravention punished with a fine, and preparing a minor quantity for your own use is not punishable (BetmG, art. 19a and 19b). The mushrooms themselves are on the list of prohibited substances.

The Netherlands. Mushrooms are on List II of the Opium Act, so holding them is an offence. The Public Prosecution Service does not prosecute below 0.5 grams dried or 5 grams fresh. Fresh truffles are a separate case: they are legal. See the Netherlands sheet.

In every country in the second, third and fourth rows of the table, holding mushrooms remains unlawful. The police can confiscate them, a fine or a record can follow, and selling, growing or importing stays a crime everywhere. A lighter rule for a small amount is a rule about punishment, not permission.

Fresh magic truffles are sold legally to adults in the Netherlands, for use there. If you are planning a stay, the truffle guide lists the varieties Avalon Magic Plants sells, from mild to strong. Do not take them home: the travel sheet shows what an import means in each country.