Psilocybin Smartshops

The Opiumwet lists psilocin and psilocybin on List I, and since 1 December 2008 List II has also covered mushrooms that naturally contain them. Articles 2 and 3 of the Opiumwet prohibit, among other acts, growing, selling, transporting and possessing anything on either list. In January 2012 answers to parliamentary questions, the government said psychedelic truffles (sclerotia) fall outside the Opiumwet and are legal products under the Warenwet. Enschede has required a permit from the mayor to run a smartshop since 1 January 2022, under its local bylaw (APV).

Psilocybin and psilocin are controlled under the Controlled Drugs and Substances Act (CDSA), and Health Canada says selling or possessing magic mushrooms is illegal without its authorization. No therapeutic product containing psilocybin has been approved in Canada. With a regulated health care practitioner's support, patients may be able to obtain psilocybin legally through a clinical trial or Health Canada's Special Access Program. Health Canada treats individual subsection 56(1) CDSA exemptions as a further route for cases where those options are not possible or suitable.

Federal law lists psilocybin and psilocyn in Schedule I of the Controlled Substances Act (21 U.S.C. 812). Oregon's Ballot Measure 109 (2020, now ORS 475A) lets adults 21 and over use psilocybin at licensed service centers without a prescription. Colorado's SB23-290, signed in May 2023, legalized psilocybin mushrooms for personal use and for use at licensed healing centers. New Mexico's Medical Psilocybin Act (2025) creates a supervised medical program, and the state health department aims to enroll its first patients by the end of December 2026.

In July 2021 Jamaica's agriculture minister said the country had never promulgated any law making psilocybin illegal and that growing it was therefore legal. He said people entering the industry follow interim protocols through the Plant Quarantine Division, including a pest risk analysis, as for any plant import. In August 2024 the Ministry of Health and Wellness said it had approved no psilocybin-containing products, and that mushroom preparations intended for treatment count as drugs under the Food and Drugs Act 1964 and must be registered.

Decree-Law No. 15/93 of 22 January, Portugal's drug law, lists psilocybin and psilocin in Table II-A. Since 1 July 2001, Law No. 30/2000 has made buying or possessing listed drugs for personal use an administrative offence (contra-ordenação). Holding more than an average 10-day supply is treated as a sign that the drugs may not be for personal use. Unauthorised sale carries 4 to 12 years in prison (article 21), and growing them for personal use is a crime punishable by up to 3 months or a fine (article 40).

Psilocybin is an addictive substance under Act No. 167/1998 Sb., listed in Annex 4 of Government Regulation No. 463/2013 Sb. for research and very limited therapeutic use. Since 1 January 2026, Government Regulation No. 552/2025 Sb. has let psychiatrists and medical psychotherapists prescribe individually prepared oral psilocybin medicines when registered treatments fail or are not tolerated. In March 2026 the National Institute of Mental Health said patients could not yet apply while reimbursement rules were being finalised, and expected treatment to begin in the second half of 2026.

Brazil lists psilocybin and psilocin in List F2 (proscribed psychotropic substances) of Annex I to Anvisa's Portaria SVS/MS No. 344/1998. List E of the same Portaria, which names proscribed plants and fungi, does not include any Psilocybe species. In a ruling of 20 August 2025 (AgRg no AREsp 2933426), the Superior Tribunal de Justiça held that selling mushrooms containing psilocin and psilocybin is drug trafficking under article 33 of Law No. 11.343/2006, even though the fungus itself is not listed.

Under the Poisons Standard, psilocybin is a Schedule 9 prohibited substance, which largely limits its lawful supply to clinical trials. Since 1 July 2023 it has been a Schedule 8 controlled drug for one use, treatment-resistant depression, when prescribed by a psychiatrist approved under the TGA's Authorised Prescriber Scheme with ethics committee approval. Patients must take it under their psychiatrist's supervision in a health facility and cannot take it home. States and territories put the Poisons Standard into effect through their own laws.