What Is the Legal Difference Between Truffles and Magic Mushrooms in the Netherlands?

The 2008 mushroom ban: what happened?

On December 1, 2008, all hallucinogenic mushrooms were placed on Schedule II of the Opiumwet, published as Staatsblad 2008/486. The immediate trigger was a series of incidents involving tourists in Amsterdam, including the death of a 17-year-old French tourist in 2007. Minister Ab Klink (Health) and Minister Ernst Hirsch Ballin (Justice) submitted the bill to the Tweede Kamer (Kamerstuk 31447/3).

The ban was politically driven. That is not a value judgment. It is an observation. There was public pressure, there was media coverage, and there was a cabinet that wanted to act. The law passed.

But the legislator specifically targeted mushrooms as fruiting bodies. The fungus itself, the mycelium, and the sclerotia (the underground resting body we call "truffles") were not included in the ban. And that was not an oversight.

Why do truffles fall outside the ban?

Mushrooms and truffles come from the same fungal species, usually from the genus Psilocybe. They contain the same active substances: psilocybin and psilocin (Gotvaldová et al. 2022, DOI:10.3390/ijms232214068; Cohen et al. 2025, DOI:10.1038/s41598-025-97710-z). The difference is morphological. A fruiting body grows above ground. Sclerotia are hardened clumps of mycelium that grow underground as the fungus's storage organ. Same fungus, different growth form.

Psilocybin levels vary considerably along two axes. Between species the gap is largest: fresh mushrooms contain roughly 3 to 10 times more psilocybin than truffles from a comparable batch (Gotvaldová et al. 2022, DOI:10.3390/ijms232214068). Within a single species the spread remains substantial: Pellegrini et al. 2013 (DOI:10.1002/dta.1400) found up to a threefold difference in alkaloid content across truffle (sclerotia) cultivations. Two portions out of the same bag don't necessarily deliver the same effect.

Because sclerotia are not on Schedule II of the Opiumwet, they fall under the Warenwet (the Dutch Commodities Act). They are sold as a consumer good, with everything that comes with it: labeling requirements, hygiene standards, and product liability. Smartshops sell them as "magic truffles" or "philosopher's stones." We are not going to pretend those names aren't funny.

Here is what matters: the government knew sclerotia existed and contained psilocybin when the mushroom ban was introduced. This is clear from parliamentary questions in 2011-2012 (nr. 1032), in which the minister explicitly confirmed that sclerotia do not fall under the Opiumwet. The choice was deliberate, not accidental.

The Supreme Court on sclerotia

There is a misconception I run into regularly, including with people who should know better. You often read that "the Supreme Court confirmed truffles are legal." That is not accurate.

There is no Supreme Court (Hoge Raad) ruling in criminal law that explicitly exempts sclerotia from the Opiumwet. The legal status of truffles rests on three pillars: the text of the Opiumwet itself (which mentions only "mushrooms," not sclerotia), parliamentary confirmation through Kamervragen, and the RIVM risk assessment.

What the Hoge Raad did rule, in April 2026, is a tax case (ECLI:NL:HR:2026:450): sclerotia are not "foodstuffs" in the technical VAT sense, placing them under the high rate of 21% instead of 9%. That is about tax law, not about whether truffles are legal. An important distinction.

There is also a lower court ruling (Rechtbank Gelderland, ECLI:NL:RBGEL:2022:3460) that is relevant to the legal context. But the core remains: the legality of sclerotia is based on the law and parliamentary clarification, not on a groundbreaking court decision.

What is legal and what is not? A practical overview

Buying truffles in a smartshop is legal. They are sold as fresh product, usually in packages of 10 to 15 grams, in different strength categories. The smartshop is required to inform you about use and risks. That happens with varying quality. If the seller only talks about "a fun trip" and says nothing about contraindications, you are in the wrong shop.

Possessing and using sclerotia is legal. There is no maximum quantity defined in the law, but large stockpiles can raise questions about your intent. The line between "personal use" and "trade" is not sharply defined, and that applies to several areas of the Opiumwet.

This is where it gets interesting. Grow kits for mushrooms are legal to buy. Spores too. But the moment that grow kit produces fruiting bodies (the mushrooms that appear above ground), those fruiting bodies are illegal. So you legally buy something that then produces something illegal.

Is that strange? Yes and no. The law distinguishes between the potential to produce something and the actual product. Similar to legally buying materials that could theoretically be used to make something illegal. It is the growth form that makes the difference, not the intention.

Selling sclerotia is legal, provided you comply with the Warenwet. Selling fruiting bodies is illegal (Schedule II Opiumwet). Extracted psilocybin is also illegal (Schedule I Opiumwet, the heaviest category). Gifting truffles? Legal. Gifting mushrooms? A criminal offense.

Common misconceptions

The most persistent misconception: "truffles are a different substance than mushrooms." Not true. They contain exactly the same active substances and are produced by the same fungal species. The legal distinction is based on the growth form, not the chemistry.

Second misconception: "it was a loophole." Also not true. The government was aware of sclerotia. In 2014, the RIVM (Dutch National Institute for Public Health) conducted a formal risk assessment through the CAM (Coordination Committee for Assessment and Monitoring of New Drugs). The conclusion: the number of health incidents related to sclerotia was very low. The government decided not to extend the ban to truffles. A deliberate choice, again.

Third misconception: that all psilocybin is illegal in the Netherlands. Be careful with online research. There is relatively little reliable information about the Dutch legal situation around psychedelics, and both general articles and AI systems frequently conflate truffles and mushrooms. The distinction between the Opiumwet (mushrooms) and the Warenwet (truffles) tends to get lost in those sources. This article tries to keep that distinction sharp.

Regulation today and tomorrow

National policy on sclerotia is uniform, but some municipalities have additional rules for smartshops: establishment requirements, opening hours, distance criteria from schools. The city of Amsterdam, for example, has specific licensing requirements. That does not change the legality of the product itself, but it affects where and when you can buy it.

The EU has no harmonized regulation for psilocybin. Each member state determines its own policy. That means truffles you legally buy in a smartshop in the Netherlands become illegal the moment you cross the border into Belgium or Germany. Cross the border, different law.

As of this writing (April 2026), no bills have been introduced to ban sclerotia. The recent Supreme Court VAT ruling changes nothing about their legal status, only about their tax classification. The political wind can always shift, but for now there is no reason for concern.

How does the rest of the world compare?

The Netherlands is the only country in the world where psilocybin-containing sclerotia are legally sold on the open market. Oregon and Colorado in the United States, and Australia, are also moving toward access to psilocybin, but through therapeutic frameworks. There you need a facilitator, a clinical setting, and usually a referral. That is a fundamentally different model from walking into a smartshop and buying them.

Which model is better? That depends on who you ask, and what you mean by "better." The Dutch model is pragmatic and accessible. The therapeutic model is controlled and guided. Both have blind spots. That is probably the most honest answer.

Safe use: legal does not mean risk-free

Truffles contain psilocybin. That is a potent psychoactive substance that can change your perception, thinking, and emotions. The fact that they are legal does not automatically make them safe. Legal and safe are two different things, and it matters not to confuse them.

Basic guidelines for responsible use: educate yourself about dosage and the effects of psilocybin. Ensure a safe environment (set and setting). Start with a low dose if it is your first time. Do not use alone, or at least read our article about taking truffles solo.

Do not use truffles if you are pregnant, if you are psychiatrically vulnerable (particularly with a history of psychosis or schizophrenia), or if you are taking medication that can interact with psilocybin. Think of SSRIs, lithium, and MAO inhibitors.

For reliable, non-commercial information, you can turn to Jellinek (jellinek.nl) and the Trimbos Institute (trimbos.nl). Questions about substance use? Call the Drugs Infolijn (0900-1995, Trimbos Institute) or the Jellinek information line. In acute distress: call 112 (emergency) or 113 Zelfmoordpreventie (0900-0113 or 113.nl, Dutch suicide prevention). Your GP or after-hours GP service is also available for these questions.

Psilocybin deserves respect. Regardless of what the law says about it.

Sources

1. Staatsblad 2008/486 — Opiumwet amendment (mushroom ban), wetten.overheid.nl

2. Kamerstuk 31447/3 — Mushroom ban bill, Tweede Kamer

3. Parliamentary questions 2011-2012, nr. 1032 — Confirmation of sclerotia status

4. Gartz, J. (1994). Extraction and analysis of indole derivatives from fungal biomass. Journal of Basic Microbiology, 34(1), 17-22

5. Pellegrini, M. et al. (2013). Drug Testing and Analysis. DOI:10.1002/dta.1400

6. Gotvaldová, K. et al. (2022). Stability of psilocybin and its four analogs in the biomass of the psychotropic mushroom Psilocybe cubensis. International Journal of Molecular Sciences, 23(22), 14068. DOI:10.3390/ijms232214068

7. Cohen, P.A. et al. (2025). Quantification of psilocybin and psilocin in magic mushroom products. Scientific Reports. DOI:10.1038/s41598-025-97710-z

8. RIVM/CAM risk assessment of sclerotia (2014)

9. Hoge Raad VAT ruling on sclerotia (April 2026, ECLI:NL:HR:2026:450)

10. Rechtbank Gelderland, ECLI:NL:RBGEL:2022:3460