Magic mushrooms are one of the most widely used psychedelic substances in the world.
Other substances, such as LSD, DMT, ketamine, and MDMA, are also popular in both recreational circles and among clinical mental health practitioners.
With so much promising research surrounding the use of psychedelics as a form of medicine, will Spain legalize or decriminalize psychedelics? What’s the current status of psychedelic regulation in Spain?
No. Magic mushrooms are illegal in Spain.
However, personal use in a private place is decriminalized here — which means you can still get fined, but criminal charges no longer apply.
In Spain, you can freely possess or cultivate magic mushrooms as long as you can prove you have no intention to sell or distribute them.
There are significant fines and potential jail time if caught selling magic mushrooms.
Related: Learn More About Psilocybin Mushrooms.
Map of Magic Mushroom Decriminalization in Europe
There are roughly 5 different species of magic mushrooms that can be found growing wild in Spain.
Species of magic mushrooms that grow in Spain:
- Psilocybe hispanica
- Psilocybe galiciae
- Psilocybe cyanescens
- Psilocybe semilanceata
- Amanita muscaria
Finding these is relatively easy since Spain has many mountainous areas, an ideal environment to grow. However, you also need to know that autumn is the best time to find them.
Magic mushrooms can offer a broad spectrum of medicinal benefits. These have been studied for years, and now, scientific research is pretty conclusive.
Studies support the use of psilocybin (and related psychedelics) for the treatment of post-traumatic stress disorder (PTSD), clinical depression, existential anxiety, addiction, cluster headaches, and more.
LSD (lysergic acid diethylamide) has been decriminalized in Spain.
This means possession of LSD or other psychedelics is not a criminal offense. This doesn’t make LSD explicitly “legal” — it merely means you won’t go to jail for possessing personal amounts of LSD.
However, the penalties are very harsh when it comes to trafficking this substance.
MDMA (ecstasy) is illegal but decriminalized in Spain.
Spain’s drug law considers MDMA a dangerous substance. This means that you can receive sentences of three to six years in prison for selling it. Personal quantities without intent to sell usually result in confiscation and small fines.
The main persecution involving MDMA in Spain comes from trafficking the substance.
Ketamine is illegal but decriminalized in Spain.
There are several legal ketamine clinics in Spain. This treatment is used to treat clinical depression, PTSD, and addiction.
Outside of clinical use, ketamine is considered illegal. Those caught in possession of ketamine may be given a fine. Large amounts or trafficking of ketamine may result in criminal charges.
The penalties for trafficking this substance can be from 3 months to 6 years imprisonment, depending on the quantity.
Understanding the difference between legalization and decriminalization is essential, as understanding it can save you legal complications.
If a specific illegal activity is decriminalized, the penalties are significantly reduced. Mandatory jail sentences and large fines are usually replaced with minor fines or mandated rehab.
On the other hand, all penalties or consequences are repealed if an activity becomes legal, providing a legal context and route for commercialization. There may still be restrictions on allowable quantities of a legalized substance as well as minimum age restrictions.
Drug penalties are already more flexible in Spain than in most other countries. All drugs are essentially decriminalized here.
There’s a high likelihood of Spain legalizing psychedelics such as magic mushrooms, LSD, ketamine, DMT, mescaline, and MDMA for medicinal use within the next couple of years.