Are magic mushrooms legal in the Netherlands?
UnclearMushrooms no, truffles yes: fresh and dried psilocybin mushrooms have been banned since 2008, but truffles (sclerotia) are not named in the Opium Act and are sold in smart shops.
Fresh and dried psilocybin mushrooms were added to List II of the Opium Act on 1 December 2008, so growing, selling and possessing them is prohibited, though a small personal amount is handled as a minor offence. Truffles (sclerotia) are not named in the Act and continue to be sold in smart shops; in 2014 the health ministry said a risk report gave no reason for extra measures. This is a gap in the law, not a licensed system, and could be closed.
Last verified against primary sources:
What is and is not allowed
- Possession
- Psilocybin mushrooms are a List II (soft drug) substance; possessing a small amount for own use is a minor offence, and Public Prosecution guidance treats up to 0.5 g dried or 5 g fresh as personal use dealt with by confiscation.
- Cultivation
- Growing mushrooms that naturally contain psilocin or psilocybin is prohibited under Opium Act article 3, and the Public Prosecution guideline treats drying fresh mushrooms as preparation.
- Sale and supply
- Selling psilocybin mushrooms is prohibited; truffles (sclerotia) are not named in the Opium Act lists and are sold in smart shops, and the government said in 2014 it saw no reason for extra measures.
- Penalties
- Opium Act article 11: breaching a List II prohibition carries up to 1 month's detention or a second-category fine; intentional growing, selling, possessing or making carries up to 2 years or a fifth-category fine (not applicable to a small amount for own use); doing so professionally carries up to 6 years. OM guideline fines start at EUR 250 for 0.5-30 g dried or 5-300 g fresh mushrooms.
Governing law
Common questions
Are magic mushrooms legal in the Netherlands?
No. Psilocybin mushrooms have been on List II of the Opium Act since 1 December 2008. A small personal amount is treated as a minor offence and usually confiscated.
Are magic truffles legal in the Netherlands?
Truffles (sclerotia) are not named in the Opium Act and are sold openly in smart shops. This is a gap in the law, not a licence, and could change.
Can I grow mushrooms in the Netherlands?
No. Growing mushrooms that naturally contain psilocybin or psilocin is prohibited under article 3 of the Opium Act.