Spain is second to none when it comes to living in Europe as a consumer of cannabis, psilocybin mushrooms, and other psychedelics.
There are certain limitations, but your freedoms as a responsible adult individual are fully respected.
Here’s what the law surrounding psilocybin mushrooms looks like in a nutshell:
- Psilocybin mushrooms are partially decriminalized in Spain, so you won’t end up in jail for having them for personal use.
- However, you can’t sell them because Spain signed List I of the UN Convention on Psychotropic Substances, which makes it illegal to sell psychedelics.
- You’re allowed to grow your own mushrooms as long as it’s not for commercial use.
- Driving under the influence (DUI) of any mind-altering substances, including psilocybin mushrooms, is illegal in Spain.
Below we elaborate on each of these aspects — and beyond.
No, psilocybin mushrooms are illegal in Spain. The country is a member of the United Nations and has to follow the UN Convention on Psychotropic Substances, which it signed in 1978.
There are no dispensaries that could sell magic mushrooms, and despite several attempts, cannabis social clubs in Spain still refrain from including such products in their line-ups.
Spain martially decriminalized psilocybin mushrooms.
Here’s what you need to know.
Partial decriminalization is a bizarre concept, but I’ll try to explain it to you like a 5-year-old.
You can have fresh psilocybin mushrooms at home; you can even grow them — and there are no official limits for that.
However, you’re not allowed to carry them; that’s a criminal offense in the light of Spanish law.
Now to the details.
Yes, using psilocybin in private space is decriminalized in Spain. Let’s say, somehow, the police knock on your door, and you open the door indicative of consumption — you’re safe and sound even if they find mushrooms in your house.
And here comes the partial decriminalization paradox.
Once you take your psilocybin mushrooms outdoors, you risk getting fined for twice the value of the possessed amount. Not only that but if you’re notoriously being caught by the police, you may be sentenced to prison for up to 3 years
Can You Grow Your Own Mushrooms?
Yes, but there’s a small catch.
You shouldn’t openly admit to growing psilocybin mushrooms for recreational or medical purposes.
You can legally have a mushroom grow kit if you use it for research or as a decor element.
Is growing magic mushrooms popular in Spain?
Let me put it this way: there are many botanical researchers and interior designers out there.
You can’t legally buy psilocybin mushrooms in Spain because they’re illegal.
Decriminalization means there are reduced penalties (or no penalties at all) for matters related to personal use. However, sales remain illegal.
In Spain, you can be sentenced to jail and pay a hefty fine if you’re caught red-handed trying to sell them to somebody.
Legalization changes that because it opens a legal framework for commercial manufacturing and distribution.
From there, regulation happens, where experts work on setting the right purity and potency standards for the industry.
Spain is at the very beginning of decriminalization.
There was a time in early 2020 when some cannabis social clubs tried to diversify their product line-up with magic mushroom edibles, but since the clubs had already received cold treatment from the police, the owners decided not to take the mess one step further — and the idea went down the drain.
Yes, as long as you do it in a private space. Public consumption of psilocybin mushrooms remains illegal in Spain. That doesn’t mean people don’t do them at open-air music festivals, but from the legal standpoint, it is what it is.
You can’t possess any psilocybin mushrooms in public because you’re setting yourself up for a criminal offense.
You can only have them at home. If you’re caught for the first time, you may do away with a fine; but repetitive offenses can get you into serious trouble with the law.
Can You Travel with Psilocybin Mushrooms in Spain
No, traveling with psilocybin mushrooms is illegal in Spain because it happens in public spaces. Again, possession is decriminalized on private property.
It’s a good place to start if you want to convince the unconvinced.
The Spanish model is a perfect example of how decriminalization doesn’t negatively affect public health.
You don’t see paranoid lunatics on the street; you don’t stumble upon lazy potatoes when walking around the city — at least I don’t, and I’ve been living on Costa del Sol for two years now.
And I still haven’t met a single person who would beg me for a penny to feed their cravings for cannabis and shrooms.
Ideally, there should be a legal market like cannabis products in certain US states, Canada, or Thailand.
But for now, respecting individual freedoms and treating adult citizens like responsible people who can do whatever they want in their spare time, as long as they don’t hurt anybody, is a decent approach — and a good example for skeptics.
After all, the use of psychedelics is deeply rooted in Spanish culture.
Spain provides the earliest evidence of the use of psilocybin mushrooms in Europe, dating back to 4,000 BC.
In 1918, Spanish archeologists discovered prehistoric artwork depicting such activities in the town of Villar de Humo, located in central Spain.
Spanish conquistadors in 1550 also discovered that Aztec tribes were using psychedelic mushrooms for healing and spiritual purposes — and tried to burn the evidence of that use, claiming they were used in satanic rituals.
That unique culture was forgotten and later brought up from the ashes in the 1950s and 60s during the global boom on psychedelics.
Today, Spain is one of the leading countries in psychedelic research, investigating the medical use of MDMA, psilocybin mushrooms, and LSD in mental health conditions.