Are magic mushrooms legal in Spain?
DecriminalisedNot legal, but decriminalised. Psilocybin mushrooms remain prohibited in Spain; personal possession is handled outside the criminal courts, while supply and cultivation are still crimes.
Psilocybin and psilocin are on List I of Spain's psychotropic substances decree, so trade is prohibited. Possession for private personal use is not a crime, but possession or consumption in public places is a serious administrative infraction fined from EUR 601 to 30,000. Growing in view of the public is also an administrative infraction, while selling or supplying others is a crime under Criminal Code art. 368 (1 to 3 or 3 to 6 years).
Last verified against primary sources:
What is and is not allowed
- Possession
- Possession for private personal use is not a crime; consuming or possessing drugs in public places, roads, public establishments or public transport is a serious administrative infraction.
- Cultivation
- Cultivating drugs in places visible to the public is a serious administrative infraction when it is not a crime, and cultivation that promotes or facilitates others' illegal consumption is a crime under Criminal Code art. 368.
- Sale and supply
- Selling or otherwise facilitating others' consumption is a crime under Criminal Code art. 368, and List I substances, including psilocybin, are prohibited from trade and possession under RD 2829/1977.
- Penalties
- Public possession or consumption (LO 4/2015 art. 36.16): fine EUR 601 to 30,000. Criminal Code art. 368: 3 to 6 years for substances causing serious harm to health, otherwise 1 to 3 years, plus fines.
Governing law
Common questions
Are magic mushrooms legal in Spain?
No. Psilocybin is a List I prohibited substance. Private personal possession is not a crime, but public possession or use brings a fine from EUR 601.
Can I grow mushrooms in Spain?
Growing in places visible to the public is an administrative infraction, and growing to supply others is a crime. Purely private personal growing is not expressly addressed.
Are spores or grow kits legal in Spain?
We could not confirm their status from official sources.