Legal status of Psilocybin Truffles

Product description:

Microdose Pro sells freshly prepackaged “Psilocybe Tampanensis Mexicana Sclerotia” truffles for microdosing.

Legal status:

Fresh Psilocybe Mexicana truffles are completely legal in the Netherlands and can be freely produced, traded, and sold. The product falls under the category of food supplements according to European directives and it fully complies with the applicable safety standards.

Truffles fall under the category ‘herbs and botanicals’ according to European guidelines. The EFSA, European Food Safety Authority, classifies mushrooms and therefore truffles among botanicals. She writes on her website: “Botanicals and derived preparations made from plants, algae, fungi or lichens have become widely available on the EU market in the form of food supplements.”

In addition, the psilocybin Mexicana truffles from Microdose Pro contain a constant amount of psilocybin of 1 to 2 milligrams per gram of fresh truffle.

Magic truffles (Psilocybe tampanensis) grow out of the ground, and due to this natural process, the firmer and drier psychedelic fungus does not belong to the mushroom category and therefore does not fall under the mushroom law.

After a few incidents with magic mushrooms in 2008 (especially in Amsterdam), the Dutch government has decided that fresh magic mushrooms become illegal. However, this law has been drafted in such a way that only ‘De Paddestoel’ is mentioned. Legally, the “magic” psilocybin truffle is not a mushroom, it is a mushroom substrate called sclerotia.

Fresh psilocybin truffles are therefore legal in the Netherlands.

The hallucinogenic substances that give magic truffles their magical effect are listed in the Psychotropic Substances Convention (PDF), which means that possession of pure psilocybin is not allowed. Because these substances occur in many fungi, the United Nations has decided to make an exception for these natural products. See below a part of the Commentary on the Convention on Psychotropic Substances (article 32, point 12), in which it is explicitly stated that, among others, Peyote cacti, psilocybe mushrooms, etc. are excluded from the convention, and therefore have legal status.

legal status

Possession of psilocybin mushrooms, or psilocybin truffles, is therefore completely legal according to this treaty. Only when the psychoactive substances are extracted or synthesized does one operate contrary to current legislation.

Legal status of shipping magic truffles within the EU

Truffles are legal in the Netherlands and can therefore be sent to all EU countries under the Mutual Recognition of Goods Principle of the European Commission. This EU treaty says that if a product is legal in one EU country, it is also legal to sell and ship to all other EU countries.