Domestic law

Australia Cultivation Counts as manufacture of illegal drugs. Possession & Sale Illegal under the Criminal Code Act of 1995 (CCA). Austria Cultivation Illegal if for the purpose of extracting a narcotic substance Possession & Sale Not legally controlled, but the judge may choose to convict for “attempt to commit a drug offence” depending on the motive. Belgium Cultivation Specifically prohibited by the criminal law of 24 February 1921 Possession Specifically prohibited by the Royal Decree of 22/1/1998 Sale Specifically prohibited (as is offer for sale) by the Royal Decree of 22/1/1998 Brazil Cultivation Psilocybin and psilocin are controlled substances but mushrooms are not illegal. Possession Psilocybin and psilocin are controlled substances but mushrooms are not illegal. Sale Unknown. Czech Republic Cultivation ‘Mushrooms’ as such not controlled, might be treated as psilocybin/psilocin (prohibited by the Penal Code, s. 187) Possession Might be treated as psilocybin/psilocin (prohibited by the Penal Code – possession in the quantity ‘greater than small’, s. 187a) Sale 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) Cyprus Cultivation 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. Possession Treated as psilocin and psilocybin-prohibited by Law 29/77 Sale Treated as psilocin and psilocybin-prohibited by Law 29/77 Denmark Cultivation Specifically prohibited by Executive Order 698 of 1993 Possession Specifically prohibited by Executive Order 698 of 1993 Sale Specifically prohibited by Executive Order 698 of 1993 Germany Cultivation Illegal if for the purpose of intoxication Possession Illegal if for the purpose of intoxication Sale Illegal if for the purpose of intoxication Estonia Cultivation Specifically prohibited by the Narcotic Drugs and Psychotropic Substances Act Possession Specifically prohibited by the Narcotic Drugs and Psychotropic Substances Act Sale Specifically prohibited by the Narcotic Drugs and Psychotropic Substances Act Finland Cultivation Treated as a narcotics offence, with severity according to the quantity. Possession Treated as a narcotics offence with severity according to the quantity. Sale Treated as a narcotics offence with severity according to the quantity. Greece Cultivation Prohibited by law 1729/87 (cultivation of any plant from which narcotic substances are produced) Possession May be treated as psilocin Sale May be treated as psilocin Hong Kong Cultivation, Possession & Sale Psilocybin is a controlled substance and the Hong Kong Narcotics Bureau considers psilocybin-containing mushrooms to be controlled under Schedule I, Part I, of the Dangerous Drug Ordinance. Ireland Cultivation Illegal if cultivated Possession Specifically prohibited under Misuse of Drugs Act Sale Specifically prohibited under Misuse of Drugs Act Italy Cultivation Specifically prohibited under art.26 of DPR 309/90 Possession Specifically listed under Table I of the amended drug law 2006. Sale Specifically listed under Table I of the amended drug law 2006. Japan Illegal as of June 2002, Narcotic and Psychotropic Drug Control Law. Latvia Cultivation Illegal under S. 256 of the Penal Code if a repeated offence Possession Treated as possession of a narcotic substance Sale Treated as sale of a narcotic substance Lithuania Cultivation 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. Possession 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. Sale No specific prohibition. Illegal under Art. 260 of the Penal Code; Treated as sale of a narcotic or psychotropic substance. Luxembourg Cultivation Treated as psilocybin/ psilocin Possession Treated as psilocybin/ psilocin Sale Treated as psilocybin/ psilocin Hungary Cultivation Illegal under Art. 282 of the Penal Code, treated as psilocin. Possession Illegal under Art. 282 of the Penal Code, treated as psilocin. Sale Illegal under Art. 282/A of the Penal Code, treated as psilocin. Mexico Cultivation Psilocin and psilocybin are prohibited under the Ley General de Salud of 1984. Presumably, this also prohibits production. Wild occurence of does not constitute production. Possession Prohibited, but rarely enforced against indigenous populations. SalePresumably prohibited. Netherlands Cultivation Not controlled Possession Only prepared mushrooms are specifically prohibited under the Opium Act. Sale Only prepared mushrooms are specifically prohibited under the Opium Act. Norway Cultivation Prohibited according to the Regulation regarding Narcotics etc. Possession Prohibited according to the Regulation regarding Narcotics etc. Sale Prohibited according to the Regulation regarding Narcotics etc. Poland Cultivation Specifically prohibited under the Act on Countering Drug Addiction Possession Specifically prohibited under the Act on Countering Drug Addiction Sale Specifically prohibited under the Act on Countering Drug Addiction Portugal Cultivation Treated as psilocin Possession Treated as psilocin Sale Treated as psilocin Slovenia Cultivation Treated as psilocin. Possession Treated as psilocin. Sale Treated as psilocin. Slovakia Cultivation Little experience - may be treated as psilocin. Large quantities may be “preparation” of a drug trafficking offence (same sentence as an offence actually committed). Possession Little experience - may be treated as psilocin. Large quantities may be “preparation” of a drug trafficking offence (same sentence as an offence actually committed). Sale Little experience - may be treated as psilocin. Large quantities may be “preparation” of a drug trafficking offence (same sentence as an offence actually committed). Sweden Cultivation 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). Possession 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. Sale 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 Cultivation Prohibited by section 21 of the Drugs Act 2005. Possession Prohibited by section 21 of the Drugs Act 2005. (Illegal whatever form they are in, whether raw or prepared, including when packaged for sale.) 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.) United States of AmericaCultivation Illegal in all states except New Mexico, where the appeals court ruled, on June 15, 2005, that cultivating psilocybin mushrooms for personal use is not manufacture of a controlled substance. Possession Psilocybin and psilocin are DEA Schedule I substances, so possession is illegal under federal law, except in Florida, where the Supreme Court ruled in 1978 that possession of wild specimens is not illegal. Intent to consume was not addressed. Possession of spores is illegal in Georgia, Idaho and California (for California, only if imported from outside the state and intented for cultivation). Researchers and their subjects are granted exemption subject to scrutiny by the Drugs Enforcement Administration. Sale Sale is illegal.