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Magic mushrooms and UK law, read line by line

Magic mushrooms are a Class A drug in every part of the United Kingdom. Since 18 July 2005 that covers any fungus containing psilocin, fresh or dried, picked wild or grown at home. Possession carries up to seven years in prison, and supply or production up to life. This summary was checked against legislation.gov.uk on 14 October 2026.

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Misuse of Drugs Act 1971

Schedule 2, Part I (Class A drugs), extract

In force, as amended by the Drugs Act 2005, section 21 Official text

1. The following substances and products, namely:

(a) [...]

Fungus (of any kind)1 which contains psilocin or an ester of psilocin2. Inserted 18 July 2005

[...]

Psilocin.3

3. Any ester or ether4 of a substance for the time being specified in paragraph 1 or 2 above not being a substance for the time being specified in Part II of this Schedule.

5. Any preparation or other product5 containing a substance or product for the time being specified in any of paragraphs 1 to 4 above. The only route for mushrooms before 2005

  1. Fungus (of any kind)

    No species, part or form is named. A wild liberty cap, a home-grown mushroom, mycelium and a truffle (the underground sclerotium) all qualify if the chemical test in the next words is met. Fresh, dried, frozen or brewed makes no difference.

    Drugs Act 2005, s.21

  2. contains psilocin or an ester of psilocin

    The test is chemical. Psilocybin, the main compound in magic mushrooms and truffles, is an ester of psilocin, so a fungus containing either is Class A. Spores are not named and are reported to contain neither.

    Read: Spores and grow kits

  3. Psilocin

    Listed as Class A since the Act was passed in 1971. Until 2005 this entry, with paragraphs 3 and 5, was the only way a mushroom could be caught: the chemical was controlled, the fresh mushroom was not.

    Read: The 2005 change

  4. Any ester or ether

    This paragraph brings psilocybin in. It is the phosphate ester of psilocin, so it is Class A through paragraph 3 without needing its own entry.

    Schedule 2, para 3

  5. Any preparation or other product

    Before 2005 the courts asked whether a mushroom had been altered by the hand of man. Dried mushrooms were a preparation and Class A; freshly picked ones were not. Since 18 July 2005 the question no longer matters.

    R v Thomas [2004] EWCA Crim 3092

Misuse of Drugs Regulations 2001

Regulation 4A, Exceptions for drugs in Schedule 1

In force since 18 July 2005 (England, Wales and Scotland); same exceptions in Northern Ireland since 8 August 2005Not yet law: Did not exist before 18 July 2005 Official text

4A.(1) Section 5(1) of the Act (which prohibits the possession of controlled drugs) shall not have effect1 in relation to a fungus (of any kind) which contains psilocin or an ester of psilocin where that fungus:

(a) is growing uncultivated2;

(b) is picked by a person already in lawful possession of it for the purpose of delivering it as soon as is reasonably practicable into the custody of a person lawfully entitled to take custody of it and it remains in that person's possession for and in accordance with that purpose;

(c) is picked for either of the purposes specified in paragraph (2) and is held for and in accordance with the purpose specified in paragraph (2)(b), either by the person who picked it or by another person; or

(d) is picked for the purpose specified in paragraph (2)(b) and is held for and in accordance with the purpose in paragraph (2)(a), either by the person who picked it or by another person.

(2) The purposes specified for the purposes of this paragraph are: (a) the purpose of delivering the fungus as soon as is reasonably practicable into the custody of a person lawfully entitled to take custody of it3; and (b) the purpose of destroying the fungus as soon as is reasonably practicable4.

  1. shall not have effect

    Only the possession offence is switched off. Supply, production and possession with intent to supply still apply in full. A landowner who plans to sell wild mushrooms commits possession with intent to supply, according to the Home Office memorandum.

    Explanatory memorandum, SI 2005/1653

  2. is growing uncultivated

    This protects a farmer or householder with mushrooms that come up by themselves. It never covers a grow tub, a kit or anything planted on purpose: that is cultivation, and cultivation is production.

    Read: Spores and grow kits

  3. delivering the fungus into custody

    Picking a mushroom to hand it to someone entitled to take it, such as the police, is allowed as long as you hold it only for that purpose and act as soon as reasonably practicable.

    Explanatory memorandum, paras 2.4 to 2.8

  4. destroying the fungus

    Picking to destroy, for example clearing a lawn, is also allowed. Picking to keep, dry, eat, share or sell is outside every one of these exceptions.

    Read: The law in full

Misuse of Drugs Act 1971

Section 4(1) and section 37(1), extract

In force Official text

4.(1) [...] it shall not be lawful for a person: (a) to produce a controlled drug1; or (b) to supply or offer to supply a controlled drug to another2.

37.(1) [...] “produce”, where the reference is to producing a controlled drug, means producing it by manufacture, cultivation3 or any other method, and “production” has a corresponding meaning;

  1. to produce a controlled drug

    Producing a Class A drug carries up to life imprisonment and an unlimited fine. Being concerned in someone else's production is a separate offence with the same maximum.

    GOV.UK, drugs penalties

  2. supply or offer to supply

    Supply needs no money. Sharing a bag with friends is supply, with a maximum of life. An offer is an offence once it is made, even if there were never any drugs.

    CPS legal guidance, drug offences

  3. cultivation

    Growing mushrooms or truffles is production. Cannabis has its own cultivation offence; mushrooms do not, so a home grow is charged as production of a Class A drug.

    Read: Spores and grow kits

The passages above are the wording of the law itself, taken from the official text. The highlighted phrases are the ones that decide real cases: what counts as a "fungus", when picking a mushroom is not possession, and what "production" means. Each highlight opens a short note in plain English, with the source it rests on. The switch above the text shows the law as it stood before and after the 2005 change.

The short answers

QuestionAnswerWhere it comes from
Are magic mushrooms legal in the UK?No. Class A in England, Wales, Scotland and Northern IrelandMisuse of Drugs Act 1971, Schedule 2
Does it matter if they are fresh?Not since 18 July 2005. Before that, only dried or otherwise prepared mushrooms were Class ADrugs Act 2005, section 21
Is sharing with a friend supply?Yes. Supply carries up to life in prisonGOV.UK, drugs penalties
Are spores controlled?Spores are not listed. Growing them into mushrooms is production of a Class A drugSection 37
Are magic truffles legal in the Netherlands?Fresh truffles are sold legally there. Bringing any back to the UK is importing a Class A drugJellinek, CEMA 1979, s.170

How to use this reader

Start with the law for the offences and the exceptions, then penalties for what courts actually do with a possession or sharing case. Spores and grow kits explains where owning spores ends and production begins. The 2005 change tells how a gap in the 1971 Act let fresh mushrooms be sold openly in shops and on market stalls until 2005.

If you are travelling, the page on visiting the Netherlands sets out what Dutch law allows during your stay and why nothing comes home with you. The truffle guide orders the truffles Dutch-Smart sells from mild to very strong.

Fresh magic truffles are sold legally in the Netherlands, a short trip from most of the UK. They fall outside the Dutch Opium Act and are sold to adults in smartshops and online. Dutch-Smart delivers within the Netherlands, so an order can go to an address or pick-up point where you are staying. Truffles are for use during the stay: across the border they are a Class A drug again.

(1+1) Mexicana Magic Truffles NL only (1+1) Mexicana Magic Truffles €14.95Dutch-Smart View product Atlantis Magic Truffles NL only Atlantis Magic Truffles €14.95Dutch-Smart View product Hollandia Magic Truffles NL only Hollandia Magic Truffles €17.95Dutch-Smart View product

The shop describes Mexicana as its most accessible entry-level strain, Atlantis as moderate to strong, and Hollandia as very strong and meant for people with some experience. The truffle guide lists the whole range in order of strength.

Parts of the reader

  1. Part 1 Are magic mushrooms legal in the UK? What the Misuse of Drugs Act says No. Psilocin and any fungus containing it are Class A under the Misuse of Drugs Act 1971. The offences, the picking exceptions and where the law applies.
  2. Part 2 Magic mushroom penalties in the UK, and how cases are actually handled Up to 7 years for possession, life for supply or growing. What the Sentencing Council guidelines say, how the CPS charges and what Scottish police can do.
  3. Part 3 Are magic mushroom spores and grow kits legal in the UK? Spores are not listed in the Misuse of Drugs Act, but growing them is production of a Class A drug. Where the line sits for spores, kits and truffle kits.
  4. Part 4 How fresh magic mushrooms became Class A in 2005 From 1971 to 2005 UK law controlled psilocin but not the fresh mushroom. How case law, a shop boom and the Drugs Act 2005 changed that on 18 July 2005.
  5. Part 5 Magic truffles in the Netherlands: what UK visitors need to know Fresh magic truffles are legal in the Netherlands, mushrooms are not. Buying and using them during a stay, and why bringing any home is a Class A import.
  6. Part 6 Choosing magic truffles for a stay in the Netherlands, from mild to very strong The magic truffles Dutch-Smart sells, ordered from mild to very strong using the shop's own descriptions, with pack sizes and what to check before ordering.