Are magic mushrooms legal in Germany?
IllegalNo. Psilocybin mushrooms are illegal in Germany, and possession is a criminal offence.
Psilocin and psilocybin are listed in Anlage I BtMG as non-tradeable narcotics, and Anlage I also covers fungi containing them, plus spores or other reproductive material, when intended for intoxication. Possession, cultivation and supply are crimes carrying up to 5 years or a fine, rising to a minimum of 1 year for not-small quantities. Under §31a prosecutors may drop cases involving small amounts for personal use.
Last verified against primary sources:
What is and is not allowed
- Possession
- Possession without a written permit is a crime under §29(1) No. 3 BtMG; under §31a prosecutors may drop cases involving small amounts for personal use where guilt is minor and there is no public interest.
- Cultivation
- Cultivating or producing narcotics is a crime under §29(1) No. 1 BtMG; mushrooms containing psilocybin fall under Anlage I when intended for intoxication.
- Spores
- Anlage I extends control to biological materials suitable for reproducing or obtaining such organisms (which covers spores and mycelium) when misuse for intoxication is intended.
- Sale and supply
- Trading, selling or supplying is a crime under §29(1) No. 1; trading or possessing a 'not small quantity' is a felony under §29a with at least 1 year.
- Penalties
- §29(1): up to 5 years or a fine. §29a: at least 1 year for trading in, producing, supplying or possessing a not-small quantity, or for adults over 21 supplying to under-18s (3 months to 5 years in less serious cases).
Governing law
Common questions
Are magic mushroom spores legal in Germany?
Not if intended for growing intoxicating mushrooms: Anlage I BtMG extends control to biological material suitable for reproducing such fungi when intoxication is intended.
Will I be prosecuted for a small amount?
Possibly not: under §31a BtMG prosecutors may drop cases involving small personal-use quantities, but it remains a crime and is discretionary.