Legality
Psilocybin and psilocin are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances. Schedule I drugs are deemed to have a high potential for abuse and are not recognized for medical use. However, psilocybin mushrooms are not covered by UN drug treaties.
Psilocybin mushrooms are regulated or prohibited in many countries, often carrying severe legal penalties (for example, the US Psychotropic Substances Act, the UK Misuse of Drugs Act 1971 and Drugs Act 2005, and the Canadian Controlled Drugs and Substances Act).
Magic mushrooms in their fresh form still remain legal in some countries such as Austria. On November 29, 2008, the Netherlands announced it would ban the cultivation and use of psilocybin-containing fungi beginning December 1, 2008. The UK ban on fresh mushrooms (dried ones were illegal as they were considered a psilocybin-containing preparation) introduced in 2005 came under much criticism, but was rushed through at the end of the 2001-2005 Parliament; until then, magic mushrooms had been sold in the UK.
New Mexico appeals court ruled on June 14, 2005, that growing psilocybin mushrooms for personal consumption could not be considered "manufacturing a controlled substance" under state law. However it still remains illegal under federal law.
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