As many defendants have found to their cost, these mushrooms are illegal in the UK.
These mushrooms pre-date the modern drug laws, having been used widely in Central America ceremonially as “flesh of the gods”. For many years the MDA contained a significant loophole. It did not include raw mushrooms and therefore fresh magic mushrooms could be sold lawfully and possessed without fear of prosecution. The proviso was that they were not dried or in any other way ‘prepared.’
This of course was the ambiguity relied upon and exploited by thousands of fans.
But then in 2005 that the Act was amended and fungus of any kind which contained psilocin, or an ester of psilocin, became a Class A drug. It is of course the psilocybin, a naturally occurring psychedelic compound which, when ingested, metabolises into psilocin, and binds to our ‘happy’ receptors triggering the desired effect.
So much for closing the loophole but now we can see a sort of revival probably in part due to psychedelic research on mental health treatment. A Netflix documentary on Professor Pollan’s How to Change your Mind topped the New York Times Best Sellers and was followed by a Netflix documentary. Furthermore, UK advocacy groups have called for certain Schedule 1 psychedelic drugs to be moved into Schedule 2 so as to assist with clinical trials (whilst still retaining Class A status under the MDA). In July 2025 the Advisory Council on the MDA agreed in principle with a Home Office recommendation which had requested such re-scheduling.
Currently, the possession of these mushrooms carries a 7-year maximum imprisonment and unlimited fine. It is important to note that production or supply carries a sentence of life imprisonment.
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