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Why fly agarics are legal in Germany: Everything you should know about the legislation

While naturally occurring substances like psilocybin are banned in Germany, there are some other intoxicating plants that are completely legal to purchase. These include Amanita Muscaria with its active ingredients muscimol and ibutenic acid, which are neither covered by the Narcotics Act (BtMG) nor the New Psychoactive Substances Act (NpSG).

In this article we look at what you as a user need to know to understand the safe use of fly agarics and other legal highs in Germany.

But is that REALLY allowed?

Yes, pure fly agaric in its natural form (like dried powder ) is 100% legal. There are no restrictions and you can do anything with it: you can harvest fly agarics in the forest, trade with them, store them at home and in your car and give them to your friends.

This only changes if the natural shape of the mushroom is changed. Since ibutenic acid, one of the main active ingredients of Amanita Muscaria, is listed in the Medicines Act, processed products such as tinctures and extracts are subject to certain regulations.

There is still no approval for the fly agaric as a food or food additive, which is why it is not yet allowed to be offered as a dietary supplement in Germany.

The situation is different in the USA: There, Amanita Muscaria was recently recognized as a harmless and safe food additive - extracts can now be sold in pharmacies, online shops and in retail stores.

In Germany you can easily order fly agarics online as incense for research purposes with free shipping .

Why are magic mushrooms banned but fly agarics not?

The pointed conical bald head is the most common mushroom of the genus Psilocybe in Central Europe. The best time to find this mushroom in pastures, meadows and on the edge of the forest is in late summer to early autumn - but be careful: Since the psilocybin it contains is listed in the BtMG, it is a criminal offense to harvest it.

Meanwhile, in addition to the fly agaric, there are a few other plants that contain psychoactive substances and are apparently not relevant to the law: Datura, Hawaiian woodrose, angel's trumpet, deadly nightshade and field bindweed are just a few plants that are considered highly poisonous and are legally available.

The history of fly agaric beer

In 2000, an entrepreneur from Hamburg brought a beer to the market that was enriched with fly agaric. Due to the legality of the fly agaric, he was not prosecuted for this, but the authorities reacted quickly and banned the sale of the fly agaric beer.

The judgment was: “... the distribution of products that are made with components of fly agaric [...] and [...] can be confused with food can be prohibited by the authorities responsible for food control due to a risk of confusion with food [...] are prohibited.”

What few people know, however, is that before the Purity Law came into force in 1516, fly agaric and datura were occasionally used as ingredients in brewing beer. Since then, German beer has been limited to four ingredients: water, malt, hops and yeast.

Can I drive on fly agarics?

Quite clear answer: no. Just because fly agaric is legal, you are not allowed to drive a vehicle while intoxicated. Alcohol is not forbidden, but driving home drunk is. Anyone who drives a vehicle in traffic even though they are unable to drive the vehicle safely as a result of taking intoxicating substances will be punished with a prison sentence of up to one year or a fine. By the way, “a vehicle” can also be a bicycle.

But can the police prove that I took fly agarics?

The classic drug test reacts to four substances: cannabinoids, cocaine, amphetamines and opiates. Although there are advanced drug tests that respond to psychedelics, there is no test that responds to fly agaric and its ingredients.

The only evidence that remains is a witness statement - this can come from the driver himself or from a passenger. So it's important not to become careless and think that nothing can happen to you under criminal law as long as you handle legal substances.

Remember: driving while intoxicated is not only illegal, it is also dangerous.

Can I take fly agarics with me when traveling?

The legality of fly agarics varies significantly from country to country. While they are legal in Germany, they are strictly banned in many other countries - for example in the Netherlands, although truffles containing psilocybin are sold freely there.

So always check the laws and regulations of your destination before considering taking a package of dried toadstools with you .


Fly agaric is legal in Germany and you can do anything with it - even if it is not yet approved as a food, like in the USA . You can order this legal high as incense for research purposes and form your own opinion. Experiment for yourself to find out what is good for your body and mind and what is not. Here you can conveniently order dried fly agarics online for smoking and research . For more information about smoking, we recommend this experience report on fly agaric .

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