Heyo:) I am writing an article about this type of mushrooms and I just wanted to ask if any of you know if picking mushrooms containing psilocybin is😁 legal in Germany thanks in advance;) I`m really not sure what the legal situation looks like, since, for example, growing cacti containing mescaline is legal. Magic mushroom, truffle or magic mushroom grow kits generally do not fall under BtMG. Magic mushroom grow kits, which do not yet contain banned substances, are clearly legal. This becomes problematic if traces of narcotics, especially psilocibin, are already included. Meanwhile, the trade in magic mushrooms is banned in Holland. However, it is still allowed to grow magic mushrooms in small quantities. You can still legally buy a grow kit for breeding. Since it consists only of culture medium, fungal spores and breeding accessories, and no prohibited substances such as psilocybin and psilocin are contained, you can order such a box easily and easily on the Internet. Mushrooms containing psilocybin fall as plants since 1.2.1998 under the Narcotics Act (BtMG), provided that mushrooms collected or purchased for consumption as a drug! are intended. Until 1.2.98, possession of fresh, but also dried mushrooms containing psilocybin, was exempt from punishment according to a legal opinion of the chief prosecutor of Fankfurt, Dr.
Körner, to the main author of this writing, although they have the illegal ingredient (already since 1971) psylocybin. Since 1.2.1998, the possession, cultivation, distribution, trade, import and export of these mushrooms (fresh or dried) are punishable. It mainly depends on what you order. In Germany, it is illegal to order fresh or dried mushroom fruiting bodies containing psilocybin. Which also means that the order is legal as long as you don`t order fresh or dried magic mushrooms. Breeding boxes, magic mushroom grow kits, fungal spores and sclerotia truffles are legal in Germany. This is contradicted by a decision of the Higher Regional Court of Koblenz of 15 March 2006, according to which mushrooms are not covered in any form by BtMG and are therefore legal in a dry and fresh state.  However, this judgment refers only to the version of BtMG prior to the last amendment in spring 2005. In its judgment of 25 October 2006, the Federal Court of Justice ruled in the case of Az. Decision 1 Str 384/06 annulled the appeal judgment of the Higher Regional Court of Koblenz.
Good answer but you say “of course” it is not prohibited. In the case of cannabis, for example, seeds are also banned in Germany. It is even forbidden to grow hemp without THC. Only farmers can do this with a permit and a lot of bureaucracy;) On the Internet, grow boxes for own cultivation of hallucinogenic mushrooms are offered. These grow boxes contain the growing accessories, an attachment manual, as well as the corresponding mushroom mycelium as the starting crop. This allows the mushrooms to be grown at home. Sellers often advertise the legality of such a set of attachments. Nevertheless, extreme caution is required here. This will now be explained using the example of a grow kit for psilocybin mushrooms. This box should allow you to grow your own mushrooms, which then contain the mentioned psilocybin. The legality of grow kits depends on many factors. The effects of psilocybin are similar to those of LSD, but are not as intense.
Psilocybin does not cause physical dependence (cf. KPV BtMG, substances part 1. Narcotics Rn. 443, beck-online). Psilocybin itself is subject to Anl. I to BtMG (cf. KPV BtMG, Stoffe Teil 1. Narcotics Rn.
444, beck-online). The impunity of ordering such a grow kit cannot be guaranteed with such probability as that suggested on various selling sites. There is a possibility of criminal liability for the acquisition of narcotics (§ 29 I 1 No. 1 BtMG) or, if the package was ordered abroad, criminal liability for unauthorized importation of narcotics (§ 29 I 1 No. 1 BtMG). First of all, the legitimate question arises to what extent the order of a so-called grow box, which does not contain a single finished fungus, but only fungal spores, or fungal mycelium, can be punishable. Psilocybin mushrooms (also called magic mushrooms, magic mushrooms, psilos) are so-called natural drugs, that is, natural carriers of hallucinogenic agents, in this case psilocybin and psilocin. Some representatives of this variety of fungus, for example, The pointed conical bald head, are common in Europe. You can easily buy them legally in the Netherlands or order them on the Internet from different suppliers. In Germany, however, the active ingredients psilocybin and psilocin fall under Schedule 1 of the Narcotics Act and are therefore illegal.
Our specialists in criminal drug law defend throughout Germany. Our successes speak for themselves: References At customs, incoming mail is controlled. If something is found to be BtMG, such as psilocybin-containing substances, the shipment will be retained and a preliminary investigation will be opened against the recipient. You will receive mail or a call from the police in a few days. If the seized shipment involves larger quantities that could suggest that you are well versed in drugs, and perhaps even trafficking, it may also happen that a few officers ring your doorbell with a search warrant. The reason for this is that the police and the prosecution do not so often have such procedures on the table and have little comparative value to show here. Fly agaric is not subject to the Narcotics Act in Germany. Do not sign or make statements. However, our customers also end up at the border when magic mushrooms are unauthorised imported by police or customs or grow psilocybin mushrooms themselves.
If you want to buy magic mushrooms, the question of legality arises automatically. There is a certain legal gray area when ordering magic mushrooms. This saves money, nerves and a district court charge. I wouldn`t say that, but I`m not so sure. xD Magic Mushrooms can easily be ordered at home via the Internet. There are many suppliers of psychoactive mushrooms today. Just enter “Buy/Raise Magic Mushrooms” on Google. However, it should be noted that you do not get ready-made magic mushrooms, but a set of breeding magic mushrooms. This allows you to grow your own mushrooms at home in a matter of weeks.