Is Microdosing Legal?
“Is this even legal?”
It’s the first question most people ask when they hear about microdosing. And it’s a fair one. For decades, psychedelics have been painted in black and white terms: illegal, dangerous, taboo. The mere mention of psilocybin conjured images of prohibition, stigma, and punishment. But reality has always been more complex. Laws are living things — shaped by culture, science, and history.
Today, the legal story of microdosing is one of nuance and change. In some places, psilocybin remains firmly prohibited. In others, it has been decriminalized. In the Netherlands, psilocybin truffles occupy a unique space: fully legal, openly sold, and treated as a natural food product. Across the European Union, the principle of free movement of goods extends their reach beyond Dutch borders. And in the United States, a wave of state-level reforms is rewriting the narrative altogether.
So let’s dive deeper: what’s legal, where, and why?
The Dutch Exception
The modern microdosing movement, at least in Europe, begins in the Netherlands. In 2008, after a period of moral panic about tourists using “magic mushrooms,” Dutch lawmakers decided to ban psilocybin mushrooms. But instead of banning psilocybin entirely, they drew a distinction between mushrooms (the fruiting bodies of the fungus) and truffles (the subterranean sclerotia).
This detail, obscure to most people, became pivotal. Because truffles weren’t included in the ban, they remained legal. Not tolerated, not decriminalized: fully legal.
Today, psilocybin truffles are sold in smartshops throughout the Netherlands. They are produced by experienced cultivators, tested for hygiene and quality, and treated under Dutch law as food supplements, not narcotics. This classification makes all the difference. Unlike mushrooms, which are controlled under the Opium Act, truffles are regulated through food safety frameworks.
This legal clarity has made the Netherlands the center of Europe’s psychedelic revival. Retreats, workshops, and microdosing communities flourish openly, without fear of prosecution. And it is this Dutch foundation that creates the conditions for the next chapter: cross-border trade.
The EU Principle of Free Movement
One of the cornerstones of the European Union is the free movement of goods. It means that if a product is legally manufactured and sold in one Member State, it can, in principle, be traded throughout the single market. Restrictions can only be justified on specific grounds, like public health or safety, and must be proportionate.
Because psilocybin truffles are legally classified as a natural product in the Netherlands, they benefit from this principle. They are not treated as narcotics under Dutch law, they are a legitimate, regulated food supplement. This legal status opens the door for cross-border commerce.
That’s why myco can ship truffles across most of the EU. Orders from Germany, France, Spain, Italy, and beyond are delivered every week under the umbrella of free trade.
Of course, individual Member States retain sovereignty over their drug policies. Some may claim stricter interpretations. But under EU law, the burden is on the Member State to justify restricting a product that is lawful in another. Unless there is a clear and proportionate health justification, free movement prevails.
This is not a loophole. It is the architecture of the single market at work. And it’s why psilocybin truffles, uniquely, can flow where mushrooms and synthetic psilocybin cannot.
Shades of Tolerance: Spain, Portugal, Austria
Europe is not uniform. While the free movement principle applies, national laws still color the experience. Some countries have taken progressive steps that align with Dutch openness, while others maintain stricter prohibitions.
Spain
In Spain, the law draws a sharp line between public and private. Private possession and consumption of psilocybin is decriminalized. In practice, this means if you consume truffles in your own home, you will not be prosecuted. This has allowed retreat centers and private communities to operate with relative security.
However, sale and trafficking remain illegal. The tolerance is personal, not commercial. You cannot run a shop in Barcelona selling truffles, but you can legally possess and use them in private. This nuance is key: Spain does not “legalize” psilocybin, but it decriminalizes personal use in ways that make microdosing accessible.
Portugal
Portugal took a bolder step in 2001, becoming the first country in the world to decriminalize possession of all drugs for personal use. The idea was radical at the time: treat drug use as a health issue, not a criminal one.
Today, if you are caught in Portugal with a personal amount of psilocybin, you will not face criminal charges. Instead, you may be referred to a health panel. Trafficking and sale remain criminal offenses, but personal use is not criminalized. This health-first approach has made Portugal a model in international drug policy reform, showing that decriminalization can reduce harm without increasing use.
Austria
Austria’s laws are more subtle. In 2016, raw psilocybin mushrooms were removed from the narcotics list, though extracts and processed forms remain controlled. This move reflects a more nuanced stance, one that acknowledges the complexity of natural fungi versus synthesized substances.
While Austria has not embraced the open legality of the Netherlands, it has softened its approach. Like Spain and Portugal, Austria reflects the broader European trend: away from punishment, toward tolerance and pragmatism.
The Rest of Europe
Beyond these examples, Europe is a patchwork:
Germany treats psilocybin as controlled, but small amounts for personal use may be handled leniently.
France maintains strict prohibition.
Italy criminalizes psilocybin but has seen legal debates over natural vs. synthetic forms.
Belgium, Sweden, and Poland remain restrictive, though enforcement priorities vary.
Czech Republic and Slovenia allow small amounts under decriminalization policies.
Nordic countries are generally strict, though conversations are opening in Denmark and Finland.
The key point: Europe is not uniform, but the direction of travel is clear. From prohibition towards tolerance. From stigma towards health. From fear towards regulation.
Why Free Movement Still Matters
Some critics argue that narcotics are excluded from the principle of free movement. And in general, they’re right: controlled substances are not protected. But here is the crucial nuance: truffles are not classified as narcotics in the Netherlands. They are classified as food.
That classification changes everything. It means truffles are not treated as “drugs” under Dutch law, but as legitimate products of commerce. And under the free movement principle, those products can circulate unless a Member State explicitly blocks them with a valid justification.
That’s why myco, operating fully within Dutch law, can ship truffles to customers across Europe. And it’s why so many Europeans are already microdosing legally and safely, supported by both Dutch regulation and EU trade law.
The United States: A New Frontier
Across the Atlantic, the story takes a different shape. At the federal level, psilocybin is still a Schedule I substance: officially considered dangerous, with no accepted medical use. But state and city governments are rewriting that narrative from the ground up.
Oregon became the first state to create a regulated psilocybin services program. Since 2023, adults can access psilocybin in licensed centers with trained facilitators. This isn’t retail sales, it’s structured, guided use in safe settings.
Colorado followed with Proposition 122, decriminalizing personal possession and building a regulated access framework.
Cities like Denver, Oakland, and Seattle have passed decriminalization measures, instructing police to deprioritize psilocybin.
These reforms signal a broader shift. While the federal law hasn’t changed, the cultural tide has. The conversation has moved from prohibition to regulation, from punishment to healing.
And the science is only fueling the change. Studies from Johns Hopkins, Imperial College London, and beyond are showing psilocybin’s potential for depression, anxiety, PTSD, and end-of-life distress. Public opinion is following quickly.
Why Laws Are Changing
Why now?
The simple answer: science and society finally align. The old narrative, that psychedelics are dangerous, addictive, and without value, no longer holds up. Instead, research shows psilocybin to be non-addictive, physiologically safe, and profoundly useful in therapeutic contexts.
At the same time, society is looking for new tools. Stress, burnout, disconnection, and mental health struggles are rising everywhere. The old answers don’t feel sufficient. People are seeking alternatives, and psychedelics are re-emerging as part of that search.
Lawmakers, once rigid, are responding. Step by step, prohibition is giving way to regulation.
Final Thoughts
So, is microdosing legal?
- In the Netherlands: yes.
- In the EU: no/yes, under free movement of goods, with national nuances.
- In Spain and Portugal: decriminalized for personal use.
- In Austria: softened laws.
- In the US: not federally, but Oregon and Colorado lead the way.
The direction is undeniable. From Amsterdam to Denver, from Lisbon to Portland, the walls of prohibition are cracking. What emerges is not chaos, but clarity: a recognition that psilocybin has a place in modern life when used responsibly.
At myco, we believe legality is not just a question of what the law allows, it’s about how we use that space responsibly. That means quality, education, transparency, and respect. Because the future of psychedelics isn’t underground anymore. It’s here, in the open, supported by research, regulation, and communities that care.