- Is Amanita muscaria legal?
Is Amanita muscaria legal?
In the United States Amanita muscaria is uncontrolled federally and is legal to cultivate, buy, possess, and distribute (sell, trade or give) without a license or prescription. However, Amanita is illegal at the state level in one state: Louisiana.
How about the rest of the world?
Amanita muscaria is legal in most countries and states around the world. It is illegal, however, in the Netherlands, Thailand, Australia, and Romania.
Use the above map to see where Amanita is and is not legal.
What’s going on in Louisiana?
In Louisiana, it is illegal to grow, sell or possess, unless it is being used for ornamental purposes. This is due to the Louisiana State Act 259 which was signed into law in June of 2005. It outlawed over 39 herbs and mushrooms that were claimed to be hallucinogenic. At the time, spice, K2 and other synthetic cannabinoids were becoming a widespread health issue as cannabis was still illegal at the time. The law was meant to be a blanket solution to the problem, though it incorrectly banned non-hallucinogenic plants and fungi that were of no issue.
The law was amended in 2015 when several supplements companies banned together to allow the sale of herbs that were safely being consumed in other states. Unfortunately, amanita is still included on the banned list.
Amanita muscaria is illegal in the Netherlands
Amanita muscaria has been illegal to buy, sell, or possess since December 2008. Possession of amounts larger than 0.5 g dried or 5 g fresh lead to a criminal charge. Before 2008, mushrooms of all forms, were legal in the Netherlands, including the psilocybe varieties. By 2008, enough people were improperly using the mushroom and putting too much pressure on the hospital system that the government was forced to make them illegal - amanita happened to be swept under the same blanket.
Amanita muscaria is illegal in Thailand
Thailand is known for taking a harsh stance on anything psychoactive that isn’t alcohol. Under Thai law, psychoactive mushrooms, marijuana and kratom are all considered a class 5 drug, equivalent to a schedule 4 drug in the US. Thus the use, storage, transportation or distribution of psychoactive mushrooms is illegal. Though amanita muscaria is not explicitly listed, its best to stay cautious when it comes to Thailand.
Amanita muscaria is illegal in Australia
Australia lists muscimol containing fungi alongside other psychoactive substances and cannabis as a schedule 9 drug. A Schedule 9 substance is a substance "which may be abused or misused, the manufacture, possession, sale or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities."
Amanita is illegal in Romania
Romania banned Salvia divinorum, Amanita muscaria, and kratom as of February 2010.