Fresh Pajaritos truffles are legal to buy, own and use in the Netherlands. The Opium Act bans psilocybin mushrooms but does not mention truffles, and the Dutch Supreme Court took exactly that as its starting point in April 2026. Outside the Netherlands, psilocybin is controlled almost everywhere, so a pack bought in Amsterdam is for use in the Netherlands and does not go home in your luggage. Checked on 16 October 2026; this page is information, not legal advice.
At a glance
| Where | Fresh truffles | Main source |
|---|---|---|
| Netherlands | legal to sell, buy and use | Opium Act; Hoge Raad 10 April 2026 |
| Netherlands, dried | not settled; Jellinek classes them as List I | Jellinek |
| United Kingdom | Class A since 18 July 2005 | Drugs Act 2005, s. 21 |
| Germany | psilocybin and psilocin in Annex I | BtMG |
| United States | psilocybin Schedule I (federal) | 21 CFR 1308.11 |
| Most other countries | psilocybin controlled | UN Convention 1971 |
The Netherlands: why truffles are legal
The Opium Act works with lists. Psilocin and psilocybin, the pure substances, are on List I, the list that also holds cocaine. Since 1 December 2008, List II has also banned "mushrooms that naturally contain psilocin or psilocybin", followed by a long list of species (Opium Act). Psilocybe mexicana, the species the trade links to Pajaritos, is on it.
Truffles are not mentioned. They are sclerotia, a different part of the fungus, and not mushrooms. The Trimbos Institute concludes that truffles therefore fall outside the Opium Act and can be sold freely in smartshops (DRUGSinfo).
The Supreme Court ruling of 10 April 2026
On 10 April 2026 the Hoge Raad, the Dutch Supreme Court, decided a case brought by a seller of magic truffles (ECLI:NL:HR:2026:450). The facts it started from, in paragraph 2.1, include this sentence: "Magic truffles do not fall under the Opium Act, so they can be freely grown and traded."
The case was about tax. The question was whether truffles qualify for the reduced VAT rate for food, as earlier rulings had decided for psilocybin mushrooms. The court said no: truffles are eaten for their psychedelic effect, and sclerotia, unlike mushrooms, are not a vegetable. For readers, the ruling matters because the country's highest court accepted the legal sale and cultivation of truffles as the starting point of its judgment.
Dried truffles
Here the sources disagree. Nothing in the Opium Act or in case law says that dried truffles are banned. The Jellinek, the Amsterdam addiction care organisation, nevertheless writes that dried truffles fall under List I (Jellinek). Until this is settled, keep Pajaritos fresh.
Rules that apply during your stay
- Adults only. Avalon Magic Plants sells only to customers aged 18 and over.
- No driving, no cycling. Article 8 of the Road Traffic Act forbids operating any vehicle under the influence of a substance that impairs driving, and in Dutch law a bicycle is a vehicle (Wegenverkeerswet 1994).
- Mushrooms are a different matter. Fresh and dried psilocybin mushrooms are illegal in the Netherlands, even though truffles of some of the same species are not.
- Respect where you are. Use truffles in a private, calm place; that is also what the harm reduction sources advise (see a first session).
Taking truffles across a border
Leaving the Netherlands with truffles means importing psilocybin into another country, and in most countries that is a drug offence. The Netherlands is an exception within Europe, not the rule.
United Kingdom. Section 21 of the Drugs Act 2005 added "fungus (of any kind) which contains psilocin or an ester of psilocin" to Class A, in force since 18 July 2005 (legislation.gov.uk). The words "of any kind" cover truffles.
Germany. Psilocin and psilocybin are in Annex I of the Narcotics Act, the category that cannot be traded or prescribed (BtMG, Annex I). Fungi and parts of fungi that contain them are covered when they are meant for intoxication. Driving back from Amsterdam via Germany with a pack is therefore not an option.
United States. Psilocybin and psilocin are Schedule I substances under federal law (21 CFR 1308.11). Some states and cities have changed their own rules; that does not change federal law or the rules on bringing them into the country.
Elsewhere. Psilocybin and psilocin have been in Schedule I of the UN Convention on Psychotropic Substances since 1971 (UNODC). The Trimbos Institute notes that magic mushrooms are illegal in almost all other countries (DRUGSinfo). The rules for sclerotia differ per country, but the safe rule is simple: use the truffles in the Netherlands, and leave nothing in your luggage.
Growing truffles
The Supreme Court's starting point covers growing as well as trading, so growing truffles in the Netherlands is legal. The grow kit page explains the kit and the rules abroad, where growing is mostly an offence.
Fresh truffles
Pajaritos - Magic Truffles
€14.95
Avalon Magic Plants
Grow kit
2X Growkit Pajaritos Magic Truffle – BUY 1 GET 1 FREE
€39.00
Avalon Magic Plants
Related pages
- A first session: safety, company and amounts
- Storage: keeping truffles fresh, not dried
- What Pajaritos are: the species behind the name