What’s the law on magic mushrooms in Spain?
There are lots of misconceptions about drug laws in Spain. Magic mushrooms are no different, and though many assume they are entirely legal, in reality things are a little more complicated than that.
In recent years, Barcelona has increasingly become known as the 'new Amsterdam' for its growing cannabis tourism industry. Though it is true that Barcelona (and Spain more broadly) is home to hundreds of these semi-legal smokers clubs, many tourists who come to Spain aren't aware of the legal grey area that these sorts of places exist in.
In fact, thinking of drug laws in Spain more generally as existing in a 'grey area' is a good rule of thumb.
READ ALSO: What's the law on cannabis in Spain?
Take magic mushrooms, for example, another drug very popular with types of tourists who go to Barcelona or Amsterdam.
Can you take magic mushrooms in Spain?
To cut a long short story, yes, but it's a bit more complicated than that.
We can't say outright that magic mushrooms are entirely legal in Spain, but rather that they are, in certain circumstances, decriminalised.
Personal possession and consumption of hallucinogenic mushrooms are both decriminalised in Spain, as long as the consumption is carried out on private property, and you can prove that you were not intending to sell or distribute them.
However, note that a legal loophole of the Spanish system means that while possession and consumption on private property are not, possession in public (even if you're not actively consuming the drugs) is sanctionable with fines if caught.
The fine system is outlined in Spain's Organic Law 4/2015 on the Protection of Citizen Security, where a whole range of fines are established from €601 up to €30,000 for the most serious crimes, depending on the type of drug it is, the quantity, and whether it's your first time being fined for public drug possession (the concept of recidivism in Spanish law, which multiplies the fine).
What about growing them?
Growing mushrooms is also technically decriminalised in Spain (as it is with cannabis) but again on the condition that the cultivation is for personal use and not intended for resale or profit. That said, a little like the law in terms of cannabis cultivation, this also exists in somewhat of a legal grey area.
Growing magic mushrooms in Spain in large quantities would be considered a crime, and you could, if caught, even be charged with un delito contra la salud pública (a crime against public health, the law drug traffickers are often charged with) because some judges may see no other reason to grow large quantities without intending to distribute or sell them, which is against the law.
READ ALSO: What are the penalties for drug possession in Spain?
That said, like most drug policy in Spain, exactly what constitutes a large quantity is open to interpretation, but Spanish law with regards to drugs essentially seems to tolerate and decriminalise personal use on private property, but criminalises selling drugs or consuming them in public.
Is it illegal to buy a grow kit?
No. You can buy grow kits online, so long as you don't use them to grow large quantities to sell.
So, with that in mind, you can grow (and take) magic mushrooms at home in Spain.
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In recent years, Barcelona has increasingly become known as the 'new Amsterdam' for its growing cannabis tourism industry. Though it is true that Barcelona (and Spain more broadly) is home to hundreds of these semi-legal smokers clubs, many tourists who come to Spain aren't aware of the legal grey area that these sorts of places exist in.
In fact, thinking of drug laws in Spain more generally as existing in a 'grey area' is a good rule of thumb.
READ ALSO: What's the law on cannabis in Spain?
Take magic mushrooms, for example, another drug very popular with types of tourists who go to Barcelona or Amsterdam.
Can you take magic mushrooms in Spain?
To cut a long short story, yes, but it's a bit more complicated than that.
We can't say outright that magic mushrooms are entirely legal in Spain, but rather that they are, in certain circumstances, decriminalised.
Personal possession and consumption of hallucinogenic mushrooms are both decriminalised in Spain, as long as the consumption is carried out on private property, and you can prove that you were not intending to sell or distribute them.
However, note that a legal loophole of the Spanish system means that while possession and consumption on private property are not, possession in public (even if you're not actively consuming the drugs) is sanctionable with fines if caught.
The fine system is outlined in Spain's Organic Law 4/2015 on the Protection of Citizen Security, where a whole range of fines are established from €601 up to €30,000 for the most serious crimes, depending on the type of drug it is, the quantity, and whether it's your first time being fined for public drug possession (the concept of recidivism in Spanish law, which multiplies the fine).
What about growing them?
Growing mushrooms is also technically decriminalised in Spain (as it is with cannabis) but again on the condition that the cultivation is for personal use and not intended for resale or profit. That said, a little like the law in terms of cannabis cultivation, this also exists in somewhat of a legal grey area.
Growing magic mushrooms in Spain in large quantities would be considered a crime, and you could, if caught, even be charged with un delito contra la salud pública (a crime against public health, the law drug traffickers are often charged with) because some judges may see no other reason to grow large quantities without intending to distribute or sell them, which is against the law.
READ ALSO: What are the penalties for drug possession in Spain?
That said, like most drug policy in Spain, exactly what constitutes a large quantity is open to interpretation, but Spanish law with regards to drugs essentially seems to tolerate and decriminalise personal use on private property, but criminalises selling drugs or consuming them in public.
Is it illegal to buy a grow kit?
No. You can buy grow kits online, so long as you don't use them to grow large quantities to sell.
So, with that in mind, you can grow (and take) magic mushrooms at home in Spain.
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