Is Amanita Muscaria Legal? A Dated, Sourced Country Guide

Amanita muscaria's legal status depends on where you are. It is not a federally controlled substance in the US, but Louisiana restricts it and the FDA says it is not authorised in food. The Netherlands lists it under its Opium Act. Australia schedules its active compounds. UK law restricts supplying it for consumption.

Laws change. Each claim below is tied to a dated official or published source, checked in September 2026. Check current local law before relying on any of it. This page is general information, not legal advice. Where we could not verify a country from a primary source, we left it out.

Is Amanita muscaria legal in the United States?

Federal level. The FDA's scientific memorandum of 9 September 2024 states that, unlike psilocybin mushrooms, A. muscaria and its constituents are not scheduled as controlled substances in the United States (FDA Scientific Memorandum on Amanita muscaria, September 2024).

Not scheduled does not mean approved. On 18 December 2024 the FDA told manufacturers that A. muscaria, its extracts, muscimol, ibotenic acid and muscarine are not authorised as ingredients in conventional food. It said it is also evaluating their use in dietary supplements, and advised people to avoid eating foods that contain them (FDA constituent update, 18 December 2024).

Louisiana. Louisiana Revised Statutes § 40:989.1 lists Amanita muscaria as a hallucinogenic plant. It makes it unlawful to produce, manufacture or distribute, or to possess, a material or preparation "intended for human consumption" that contains one. The statute exempts possession or growing "strictly for aesthetic, landscaping, or decorative purposes" (La. R.S. 40:989.1, text via FindLaw, current as of 1 January 2023). Other states may act too, so check your state's current law.

Is fly agaric banned in the Netherlands?

Yes, the Dutch 2008 mushroom ban covers fly agaric. A decree of 17 November 2008, in force from 1 December 2008, added hallucinogenic mushrooms to List II of the Opium Act (Opiumwet). Part A lists psilocybin mushrooms. Part B lists "mushrooms that naturally contain muscimol and ibotenic acid": Amanita muscaria muscaria (vliegenzwam) and Amanita pantherina (panteramaniet) (Staatsblad 2008, 486).

The decree's explanatory notes treat dried, ground or processed mushrooms as preparations covered by the same list. So the ban is not limited to fresh mushrooms. The current consolidated Opium Act, in the version in force from 17 September 2026, still names both species in List II (Opiumwet, wetten.overheid.nl, consulted September 2026).

United Kingdom: the Psychoactive Substances Act 2016

The UK has no law that names fly agaric. Instead, the Psychoactive Substances Act 2016 applies to substances in general. It came into force on 26 May 2016 (UK Home Office, 6 May 2016).

The Act makes it an offence to produce, supply, offer to supply, import or export a psychoactive substance where it is likely to be consumed for its psychoactive effects (sections 4, 5 and 8). The Home Office announcement gives a maximum sentence of seven years. Simple possession is not an offence, except in a custodial institution (section 9) (Psychoactive Substances Act 2016, legislation.gov.uk).

DAN 24/7, the Wales drug and alcohol helpline, applies this to fly agaric. It says production, supply and import are illegal under the 2016 Act. It adds that, unlike psilocybin mushrooms, fly agaric is not covered by the Misuse of Drugs Act, so possession is not an offence (DAN 24/7, undated, accessed September 2026). Whether a particular sale breaks the law depends on the facts, which is a question for a lawyer.

Australia: muscimol and ibotenic acid are Schedule 9

Australia's Poisons Standard lists substances, not mushrooms by name. Muscimol was already in Schedule 9, the prohibited-substance schedule. On 15 December 2023 the Therapeutic Goods Administration confirmed a final decision to add ibotenic acid to Schedule 9 as well, cross-referenced to muscimol. The change took effect on 1 February 2024 (TGA notice of final decisions, 15 December 2023).

The decision says muscimol is in Schedule 9 because of its toxicity, abuse potential and lack of therapeutic value, and is not permitted outside research. The Poisons Standard is given legal force by each state and territory. So what this means for the mushroom itself, and the penalties involved, depends on the law where you live.

What this guide leaves out, and how to check

We have not listed other countries. Reports describe recent changes in several European countries, but we could not confirm each one against the primary legal text. A wrong "legal" claim can cause real harm, so we would rather say nothing than guess.

To check where you live, look for your country's current drug or narcotics law, its poisons or medicines schedule, and any food-safety rules. Check the date of the version you read. Our wider overview, the global legal landscape of Amanita muscaria, explains why country lists go out of date. For what a "decorative use only" label does and does not mean, see what "for decorative use only" reflects. And our guide to Amanita product labels covers terms that have no legal meaning.

Frequently Asked Questions

Is Amanita muscaria legal everywhere?

No. The Netherlands lists it in its Opium Act, Australia puts its active compounds in Schedule 9, and Louisiana restricts it. Laws change, so check current local law.

Is Amanita muscaria legal in the United States?

It is not a federally controlled substance, according to the FDA's September 2024 memorandum. But the FDA said in December 2024 that it is not authorised in conventional food, and Louisiana law bans it in products intended for human consumption.

Did the Netherlands' 2008 mushroom ban include fly agaric?

Yes. Since 1 December 2008, List II of the Dutch Opium Act has named Amanita muscaria muscaria and Amanita pantherina as mushrooms containing muscimol and ibotenic acid. Dried and processed forms are covered as preparations.

Is fly agaric legal in the UK?

Possession is not an offence, but producing, supplying or importing it for consumption can be an offence under the Psychoactive Substances Act 2016, which came into force on 26 May 2016.

Is Amanita muscaria legal in Australia?

Its active compounds are prohibited substances: muscimol is in Schedule 9 of the Poisons Standard, and ibotenic acid was added from 1 February 2024. State and territory law decides how this applies to the mushroom itself.

Disclaimer: This article is for education only. It is not legal or medical advice. Laws change; check current local law or ask a qualified lawyer. Amanita muscaria is toxic, and it is not sold for ingestion.