In the Netherlands, fresh magic truffles such as Dragon's Dynamite and Dutch Dragons are legal to buy and possess, and shops may sell them. They fall outside the Opium Act, which the Dutch Supreme Court (Hoge Raad) took as its starting point in a judgment of 10 April 2026. Dried truffles are a different matter, and in most other countries truffles are illegal in any form. Status checked on 10 October 2026; this page is information, not legal advice.
The Netherlands: fresh truffles
The Dutch Opium Act lists psilocybin and psilocin themselves on List I, the list for hard drugs. Since December 2008, mushrooms that contain these substances are banned as well, via List II. Truffles are not mushrooms: they are sclerotia, a different part of the fungus. Fresh truffles therefore fall outside the Opium Act and are covered by the Commodities Act (Warenwet), the general law for food and consumer products (Jellinek; Opium Act).
That is why Dutch smartshops can sell them openly. Dutch-Smart sells its truffles only to people aged 18 and over.
What the Hoge Raad said in April 2026
On 10 April 2026 the tax chamber of the Hoge Raad ruled in a case brought by a seller of magic truffles (ECLI:NL:HR:2026:450). The case was about VAT, and the judgment records as a starting point: "Magische truffels vallen niet onder de Opiumwet zodat zij vrij kunnen worden gekweekt en verhandeld." In English: magic truffles do not fall under the Opium Act, so they may be freely grown and traded.
The VAT question itself went against the seller. The court held that magic truffles are not food for VAT purposes, because people eat them for their psychedelic effects and take in only negligible nutrients that way, so the reduced food rate does not apply. It also noted that sclerotia, unlike mushrooms, cannot be regarded as a vegetable.
For readers this means two things. The highest Dutch court has described fresh truffles as outside the Opium Act and freely tradable. And it did so in a tax case: the judgment is not a ruling on drug policy, and the legislator can still change the law.
The Netherlands: dried truffles
The status of dried truffles has not been settled by the law or by the courts. The Jellinek, the Dutch addiction care and information organisation, classes dried truffles under List I of the Opium Act, the same list as the pure substances (Jellinek). Until a court decides otherwise, assume that drying truffles can turn a legal product into an illegal one. Eat them fresh, and do not dry leftovers.
Traffic
Taking part in traffic under the influence of truffles is forbidden in the Netherlands (Jellinek). After the main effects wear off you are still not sober; the shop advises waiting at least 24 hours before driving.
Outside the Netherlands
Psilocybin and psilocin are listed in Schedule I of the UN Convention on Psychotropic Substances of 1971 (UNODC). Countries that are party to the convention control these substances; how they deal with the fungi and truffles that contain them differs per country. A few examples:
| Country | Legal position | Source |
|---|---|---|
| United Kingdom | Since the Drugs Act 2005, any "fungus (of any kind) which contains psilocin or an ester of psilocin" is a Class A drug. | Drugs Act 2005, s. 21 |
| Germany | Psilocybin and psilocin are listed in Annex I of the Narcotics Act (BtMG), substances that may not be traded. | BtMG Anlage I |
| United States | Psilocybin and psilocin are Schedule I controlled substances under federal law. | 21 CFR 1308.11 |
The Dutch distinction between mushrooms and truffles is unusual. Do not assume that a truffle sold legally in Amsterdam is legal where you live.
Crossing a border
Do not take truffles out of the Netherlands, also not to another EU country and also not in a sealed shop pack. Carrying them across a border can lead to prosecution for importing a controlled substance. Use them in the Netherlands, in a safe place, or leave them.
What this means in practice
- Buy fresh truffles only from a Dutch shop, as an adult, and use them in the Netherlands.
- Keep them fresh and in the fridge; do not dry them.
- Do not drive or cycle, and do not operate anything that needs your full attention.
- Laws change. Check the date at the top of this page.
Read on: safety and dangerous combinations and set and setting.