Legal status of grow kits, spores and magic truffles in Europe (2026)

The legal status of magic truffles in Europe is simple at the top and messy underneath: of the 14 countries below, the Netherlands is the only one where a source confirms that selling fresh magic truffles is not prohibited. Eleven prohibit them, and in Spain and Portugal no source settles it, which is not a green light either. Grow kits and spores differ more, and for several countries no official source settles their status. Below is what we could verify in October 2026, country by country.

Which products does this overview cover?

The overview covers four product groups, each with its own legal hook:

  • Fresh magic truffles: sclerotia, a compact mass of mycelium that contains psilocybin.
  • Magic mushrooms: the fruiting bodies. Mondo does not sell them.
  • Spores: sold for microscopy; they contain no psilocybin themselves.
  • Grow kits and grow bags: colonised substrate that can fruit.

Laws name these differently: “fungi”, “organisms”, species, sometimes spores. That wording decides the column.

Country overview, October 2026

“Unclear” means we found no law text, court ruling or official information service that settles the point. It is not a green light.

CountryFresh trufflesMushroomsSporesGrow kits / bags
NetherlandsSale not prohibited (dried: prohibited)Prohibited, fresh and dried (fresh since 1 Dec 2008)Not named in the Opium ActNot prohibited
BelgiumProhibitedProhibitedUnclearUnclear
GermanyProhibitedProhibitedCovered when meant for intoxication; contested, high riskSame as spores
AustriaSupplying prohibited (not addressed separately)Supplying prohibited; possession not punishable (2023)UnclearUnclear
SwitzerlandProhibitedProhibitedUnclearUnclear
FranceProhibitedProhibited, also onlineUnclearUnclear
SpainUnclear; treat as prohibitedTrafficking is a crimePossession not an offence; sale for cultivation can beUnclear
PortugalUnclear; treat as prohibitedSale is a crimeUnclearUnclear
ItalyProhibitedProhibitedUnclearUnclear
Czech RepublicProhibitedProhibitedUnclearUnclear
United KingdomProhibited (Class A)Prohibited (Class A)UnclearUnclear, high risk
IrelandProhibitedProhibitedUnclearUnclear, high risk
DenmarkProhibitedProhibitedProhibitedProhibited
PolandProhibitedProhibitedUnclearUnclear

Status as of 7 October 2026. Laws change; if you know of a newer ruling for your country, send it with a link to the official text to info@mondowholesale.com.

What stands out per country?

A few lines in the table need context:

  • Netherlands. The Opium Act’s List II covers “mushrooms that naturally contain psilocin or psilocybin” (Staatsblad 2008, 486, in translation). Truffles are not mushrooms; Jellinek confirms that selling fresh truffles and grow kits is not prohibited. Dried truffles are.
  • Germany. BtMG Anlage I covers organisms, their parts and “biological materials suitable for reproducing or obtaining” them when abuse for intoxication is intended, as quoted by the Federal Constitutional Court in 2009. German lawyers disagree on how that applies to selling spores and kits.
  • Austria. The Supreme Court ruled in December 2023 (13 Os 101/23m) that acquiring and possessing psilocybin mushrooms is not punishable. Offering or supplying them to others is.
  • Denmark. The current list (BEK nr 405 of 26 March 2026, List B no. 411) names mushrooms and spores of Psilocybe cubensis outright, including cultivated ones.
  • United Kingdom and Ireland. Both control “a fungus of any kind” that contains psilocin. A colonised grow kit is living fungus of such a species, which is why we mark kits as high risk there.

What does this mean for you as a reseller?

You can only stock a product if it is legal where your shop sells it and where your customer receives it. In practice:

1
Truffles: outside the Netherlands, none of these 13 countries gives a basis for selling them. Do not stock them there.
2
Grow kits and spores: check the country row. Where it says prohibited, the product stays out of your range. Where it says unclear, get written advice from a local lawyer before you list anything.
3
Webshops: your shipping countries count, not your company address. A Dutch webshop shipping to Denmark is selling into Danish law.
4
Marketing: product text that promotes cultivation of psychoactive mushrooms can turn a grey case into a clear one, for example under Germany’s intent clause.

Mondo’s legal notice puts the same point plainly: buyers outside the Netherlands are responsible for checking their local law. The wholesale FAQ and shipping and delivery pages explain how orders and destinations work, and the psilocybin spores page describes what spores are sold for.

This is not legal advice

This overview summarises public sources as of October 2026. It is not legal advice and does not replace the current law text or a lawyer in your country. As a reseller you are responsible for checking and following the law where you sell and where you deliver. Mondo sells for mycological research, educational, horticultural or souvenir purposes, to adults (18+). Do not order, stock or sell any product for a country where it is prohibited.

Shop at Mondo Mycologicals

✓Producing in the Netherlands since 2009✓In-house production in Purmerend✓Wholesale, dropshipping, white and private label

Mondo Mycologicals is the B2B side of Mondo Europe B.V.: grow kits, grow bags, magic truffles, spores, liquid cultures and grow tools, produced in Purmerend and shipped to business partners across Europe.

Questions about the legal status in Europe

Why are magic truffles legal in the Netherlands but not in Belgium?

The Dutch ban names mushrooms, and a truffle is a sclerotium, not a mushroom. Belgian rules cover psilocybin-containing fungi of the Psilocybe genus as such, and De Druglijn states that possession, use and sale of truffles are punishable regardless of the amount.

Does “unclear” mean I may sell the product?

No. It means no official source we found settles the question. Treat it as a reason to get written advice from a local lawyer before you stock anything.

Are spores legal everywhere because they contain no psilocybin?

No. Denmark lists spores of Psilocybe cubensis by name, and in Germany and Spain the intended use can make a sale punishable. In several other countries no official source addresses spores at all.

Can Mondo ship to my customers in another country?

Mondo ships from the Netherlands to business partners across Europe. Whether a product may be sold and received at the destination is a question of local law, and you are responsible for that check. The products and destinations that fit your business are discussed when you become a partner.

How often does this overview change?

Whenever a law, list or ruling changes. Denmark issued a new consolidated list in March 2026 and the Czech Criminal Code changed in January 2026, so check the date under the table.