Is Amanita Muscaria Legal? Worldwide Legal Status Overview

Amanita Muscaria, also known as Fly Agaric, is a bright-looking red and white colored mushroom, containing compounds such as muscimol, ibotenic acid, and muscarine that are psychoactive ingredients. Fly Agaric grows in the forests and woodlands of the northern hemisphere, including Europe, northern Asia, and North America. Amanita Muscaria has many variations like guessowii, alba, regalis, persicina, flavivolvata and is usually used for its health benefits, as well as for spiritual and educational purposes.

You may be wondering if Amanita Muscaria mushroom contains psychoactive substances, how is it legal? We are going to answer this question further in the article by examining federal law and state-by-state rules in the US as well as Europe, Asia, South America, and other countries.  

Amanita Muscaria legal status

The Controlled Substances Act (CSA) in the US does not classify Amanita Muscaria mushrooms as a controlled substance at the federal level since it does not contain psilocybin or other similar compounds. When taking into consideration for example “magic mushrooms”, their psychoactive chemicals, including psilocybin and psilocin are classified as drugs by the CSA because of their high potential for abuse and lack of recognized medical benefits. Although Amanita Muscaria has escaped federal investigation so far, due to its possible risk to health and psychoactive properties it could eventually be considered illegal.

According to the Food and Drug Administration (FDA), Amanita Muscaria is considered a supplement product that falls into the Dietary Supplement Health and Education Act of 1994 (DSHEA), which regulates vitamins, minerals, herbs, and other botanicals that can be sold without the FDA approval. This means, that manufacturers and distributors are held responsible for evaluating the safety of Fly Agaric and labeling their products correctly before marketing to make sure that they meet all the requirements of the Federal Food, Drug, and Cosmetic Act. Important to note, that the FDA has not approved Amanita Muscaria to be sold as food additives or as a drug to treat medical conditions.

Fly Agaric products must not make any assurances to cure, diagnose, treat, or decrease the impact of illnesses and there should be a clear statement regarding that on every product of Amanita Muscaria.

So, to conclude, Amanita Muscaria is not FDA-approved as a consumable food, therefore brands, that market Amanita Muscaria products only for “educational” or “spiritual” purposes can avoid the issue.

Is Amanita Muscaria legal in US?

Unlike other psychedelic substances, Amanita Muscaria is legal to cultivate and possess in most of the US, with few exceptions. Let’s have a look at which states of the US Amanita Muscaria is legal:

• Amanita Muscaria is legal to purchase in person and online, with no limits on product type, strength, or possession in these states – Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.

Amanita Muscaria is illegal in the state of Louisiana. You might only grow Amanita Muscaria in Louisiana unless it is used strictly for decorative purposes.

So basically, Amanita is only illegal in Louisiana, since Louisiana classifies Fly Agaric mushrooms as a "hallucinogenic plant," prohibiting its production, manufacturing, distribution, and possession, according to Louisiana State Act 159. It is best to consult state-specific legislation and a skilled attorney to understand the regulations in each jurisdiction where Amanita Muacaria products are wanted to be sold.

Is Amanita Muscaria legal in Europe?

Similarly, as in the US, Amanita Muscaria mushrooms are legal in most European countries.

• Amanita Muscaria has been illegal in Romania since 2010, even though previously it could be gathered, sold, and was available in smart shops. Amanita Muscaria is also illegal in The Netherlands where the possession, sale, transportation, and cultivation of this mushroom is prohibited.
• In Poland, however, it is only illegal to sell Amanita Muscaria, though it is legal to possess, transport, and cultivate the mushroom.
• Fly Agaric is legal in Sweden, Ireland, Ukraine, and Russia with no regulations on the substance at all. Also, several countries, including Germany, Italy, and the UK, do not list Amanita Muscaria as a controlled substance, meaning users in these regions can freely access Amanita products.

To sum up, the beautiful mushroom of Fly Agaric is legal everywhere in Europe, except for Romania and The Netherlands, and it is prohibited from being sold in Poland.

Legality of Amanita Muscaria in Asia, South America and Australia

Amanita Muscaria mushrooms are largely unregulated in most regions and do not have an official legal limit.

• Asia. In Asia, regulations vary, but many countries do not have explicit laws against Amanita muscaria, therefore, it can be possessed, sold, transported, and cultivated legally. Amanita Muscaria is only illegal in Thailand.
• South America. South American countries do not classify Amanita Muscaria as a controlled substance, therefore residents in these regions can legally access Fly Agaric.
• Australia. Possession, sale, transportation, and cultivation of Amanita Muscaria is illegal in Australia.

Are Amanita Muscaria gummies legal?

Amanita Muscaria gummies, just as other products of the Amanita mushroom, such as tinctures, dried mushrooms, extracts, and so on, are also legal in most regions.

Amanita Muscaria gummies are legal to possess in most of the US, except Louisiana. In Europe, Amanita Muscaria gummies are illegal only in Romania and The Netherlands, and it is also prohibited to sell Amanita products in Poland. In Asia, gummies of Fly Agaric are only illegal in Thailand, while the whole of South America does not classify Amanita Muscaria as a controlled substance. Possession, sale, transportation, and cultivation of Amanita Muscaria is illegal in Australia, therefore Amanita gummies are illegal in Australia too.

Safety guidelines

Amanita Muscaria mushrooms are largely unregulated and do not have an official legal limit. The question of whether dried Amanita Muscaria is safe to eat remains contentious. While drying and boiling Fly Agaric can reduce toxin concentrations, the risks of consuming this mushroom should not be taken lightly. If you choose to consume dried Amanita Muscaria, it’s essential to follow proper identification and preparation guidelines and to be aware of the potential risks and side effects as with all wild mushrooms.

Lab testing

While psilocybin mushrooms pose a minimal risk of a fatal overdose, the same cannot be said for Amanita Muscaria. These brightly colored mushrooms can cause muscle failure and even death in rare circumstances if not processed properly and extracted. To minimize risk, you should always look for products with lab results and refrain from ingesting raw Amanita Muscaria mushrooms. All of the Amanita products in the Mycoteria are lab-tested for quality and purity. 

Dosage

It is best to start with small doses. Amanita Muscaria is not usually hallucinogenic at low to moderate doses. Many users compare the experience to a cannabis high, which exerts a sedating “body high” with calming effects. Low doses can be “quite pleasant,” whereas high doses can be “difficult to manage” for many. Amanita Muscaria gummies usually contain 350-700 mg of the active ingredient muscimol in them and are generally safe to consume. Most sources recommend using no more than 10 milligrams of pure muscimol. Using low doses can achieve calming effects and avoid potential health risks. It is important to take into consideration a person’s unique biochemistry, weight, and tolerance regarding how the mushroom’s overall effects will affect it.

Where to buy Amanita Muscaria?

When looking for Amanita Muscaria for sale you should keep in mind a few factors:

Ensure the website you’re buying from is reputable and reliable. There are many scams online, so it’s essential to do your research before purchasing.

Check the shipping conditions and make sure that the website ships to your country.

Check the reviews of the website and the product before making a purchase. This will give you an idea of what other customers have experienced and help you make a more informed decision.

A great place to buy Amanita Muscaria online is the Mycoteria. Coming from Lithuania we are mushroom experts giving out the best quality. Here you’ll find mushrooms of great quality compared to the other online marketplaces. 

Check out our Amanita Muscaria products:

• Dried Amanita Msucaria Mushrooms
• Dried Amanita Muscaria Powder
• Amanita Muscaria Tincture
• Amanita Muscaria Gummies - Raspberry Flavor

Conclusion

Amanita Muscaria doesn't contain psilocybin, making it federally legal in the US, as well as other continents and regions, despite its psychoactive properties. Louisiana is the only state in the US that bans the sale, possession, transportation, and cultivation of Amanita. In Europe it is not considered as a controlled substance, therefore is legal to posses and sell with the exceptions of Romania and The Netherlands, as well as Poland, where only the sale of Amanita is illegal. Considering other continents, possession, sale, transportation, and cultivation of Fly Agaric is only illegal in Thailand and Australia. Must note, that companies selling Amanita Muscaria should not make any assurances to cure, diagnose, treat, or decrease the impact of illnesses and there should be a clear statement regarding that on every product of Amanita Muscaria. You should always purchase dried Amanita, Amanita Muscaria gummies, tinctures, and extracts from verified, lab-tested brands to avoid potentially toxic effects and start with low doses.