Are magic mushrooms legal in Portugal?
DecriminalisedNot legal, but decriminalised. Psilocybin mushrooms remain prohibited in Portugal; personal possession is handled outside the criminal courts, while supply and cultivation are still crimes.
Portugal treats acquiring and possessing any drug for personal use, including psilocybin, as an administrative offence handled by a dissuasion commission, not a crime. Since Law 55/2023, holding more than a ten-day supply is only evidence of possible dealing, not an automatic crime. Growing for your own use remains a minor crime (up to 3 months or a fine), and trafficking carries 4 to 12 years.
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What is and is not allowed
- Possession
- Acquiring and possessing drugs for personal use is an administrative offence handled by a dissuasion commission; holding more than a ten-day average supply is only an indication that the purpose may not be personal use.
- Cultivation
- Cultivating plants or substances in Tables I to IV for own consumption is a crime punishable by up to 3 months' prison or a fine of up to 30 days, and the court may waive the penalty.
- Sale and supply
- Selling or supplying Table I to III substances, which include psilocybin and psilocin, is trafficking under Decree-Law 15/93 art. 21.
- Penalties
- Trafficking (art. 21): 4 to 12 years' prison; lesser trafficking (art. 25): 1 to 5 years. Personal-use possession of Table II-A substances: an administrative fine up to the national minimum wage, or alternatives such as a warning.
- Recent changes
- Law 55/2023 (in force 1 October 2023) amended Law 30/2000 and Decree-Law 15/93 so that possession above the ten-day amount, if shown to be for personal use, is sent to the dissuasion commission rather than prosecuted.
Governing law
Law 30/2000 (as amended by Law 55/2023); Decree-Law 15/93 (psilocybin and psilocin in Table II-A)
Common questions
Are magic mushrooms legal in Portugal?
No, but possession for personal use is decriminalised: it is an administrative offence dealt with by a dissuasion commission, not the criminal courts.
Can I grow mushrooms in Portugal?
Growing for your own use is still a crime, punishable by up to 3 months in prison or a fine. Growing to supply others is trafficking.
Is there a quantity limit?
The ten-day average supply is a guide. Holding more is treated as a sign of dealing, but since 2023 it is not automatically a crime if personal use is shown.