Are magic mushrooms legal if you grow them yourself?
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- Blogs about smartshop
- 6 Apr 2025
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- Reading time: 3 minutes

The world of magic mushrooms is both mysterious and confusing. Many people wonder whether mushrooms are legal—especially if you don’t buy them, but grow them yourself. In the Netherlands, magic mushrooms and truffles may seem similar, but the law treats them very differently. In this blog, we’ll break it down step by step: Are you allowed to possess, use, or grow mushrooms? And what are the risks if you do it anyway?
Are magic mushrooms legal?
Let’s get straight to the point: no, magic mushrooms are not legal in the Netherlands. Possessing, selling, or growing them is illegal—even if you only have them for personal use. In 2008, the Dutch government decided to ban all mushrooms with hallucinogenic properties.
Still, it’s not entirely black and white. Many people think mushrooms can’t be illegal because they grow naturally in the wild. But the moment you pick them or cultivate them intentionally, things change. Growing mushrooms yourself is illegal in the Netherlands—even if you do it at home, just for yourself, and without any intention to sell. The law considers this “preparation for possession” of a banned substance. These are called “preparatory acts” and are punishable under the Opium Act. Once the mushrooms begin to grow, you are officially breaking the law.
The difference between mushrooms and truffles
What surprises many people is that truffles are legal in the Netherlands. You’ll even find them in smartshops, sometimes next to trip guides or informational booklets. But how is that possible?
Although both mushrooms and truffles come from the same fungus (Psilocybe), the part we call truffles—or “sclerotia”—is not banned. Truffles also contain psilocybin, the active ingredient responsible for hallucinations. However, truffles are not listed as illegal substances, while mushrooms are.
In short: mushrooms are illegal, truffles are legal. The same goes for growing mushrooms, even if you use the exact same fungus. Want to know more about the differences? Read on here!
What is a mushroom grow kit and can you use one?
A mushroom grow kit is a DIY package that allows you to grow mushrooms at home. These kits usually include everything you need: a mushroom substrate, active spores or mycelium, paper clips, a grow bag with air filters, and clear instructions. With just some water, warmth, and patience, you can harvest your own mushrooms in a few weeks.
Some kits claim to be 100% legal, but this only applies as long as no actual mushrooms grow from them. In practice, owning a mushroom grow kit is not illegal by itself—but cultivating mushrooms from it is.
What are the risks if you do it anyway?
You might think: “What’s the harm if I just do it at home, for myself, without bothering anyone?” It’s a fair question—but there are real risks involved.
1. Legal consequences
If you’re caught growing mushrooms at home, you could end up with a criminal record. This could result in a fine, community service, or even prison time—depending on the quantity and circumstances.
2. Health risks
Homegrown mushrooms can be unpredictable. Poor growing conditions can lead to the growth of toxic molds or bacteria. Plus, dosing can be difficult, increasing the risk of a bad trip. And never mix mushrooms with alcohol.
3. Social consequences
A criminal record can affect your job opportunities, your choice of education, or your ability to travel abroad. Countries like the United States and Canada specifically ask about criminal convictions when applying for a visa.
It might seem harmless: growing a few mushrooms in your closet or basement, just for yourself. But under Dutch law, it’s illegal. So—are mushrooms legal if you grow them yourself? No, they aren’t. Want to trip legally? Then truffles are a safer (and legal) alternative. But even with truffles: always be well-informed, know your limits, and make sure you’re in a safe environment.
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