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Are magic mushrooms legal in Germany?

Illegal

No. 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

Betäubungsmittelgesetz (BtMG), Anlage I (non-tradeable narcotics), entries Psilocin and Psilocybin plus the Anlage I clause on organisms and reproductive material

Check before you act. This page is a reference, not legal advice. Drug law changes, and local rules can differ from national ones. Prohibited, with criminal penalties for possession. Read the primary source below before relying on it.

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.

Other places in Europe

All jurisdictions