In the Netherlands, a PES Amazonian grow kit, grow bag or spore ampoule is legal to buy, but the mushrooms are not: fresh and dried mushrooms containing psilocybin are on List II of the Opium Act, fresh ones since 1 December 2008, and they become illegal as soon as they appear. Growing them is therefore an offence too. In the United Kingdom, Germany and under US federal law the mushrooms are illegal as well, and the rules for kits and spores are stricter. Checked on 16 October 2026; this page is information, not legal advice.
Overview
| Country | The mushrooms | Kit or grow bag | Spores | Source |
|---|---|---|---|---|
| Netherlands | illegal, Opium Act List II | legal to buy; illegal once mushrooms appear | legal to buy | Opium Act, Trimbos |
| United Kingdom | Class A since 18 July 2005 | producing mushrooms is an offence | no explicit rule found | Drugs Act 2005, s. 21 |
| Germany | illegal, Narcotics Act Annex I | covered when meant for growing | covered when meant for growing | BtMG Annex I |
| United States | Schedule I under federal law | controlled once it contains psilocybin | not federally controlled without psilocybin | 21 CFR 1308.11, DEA letter |
The Netherlands
The Opium Act has two lists. List II, part A, covers mushrooms that naturally contain psilocin or psilocybin ("paddenstoelen die van nature de stof psilocine of psilocybine bevatten") and names the species one by one; Psilocybe cubensis is on it (Opium Act). The decree that added fresh mushrooms took effect on 1 December 2008 (Staatsblad 2008, 486). The Trimbos Institute writes that dried mushrooms have been on List II since 2002 and fresh ones since 2008 (Trimbos, drugsinfo.nl).
Every PES Amazonian product the shop sells sits on the legal side of that line until something grows. Trimbos puts it this way: containers for growing psychedelic mushrooms can still be bought legally, because you are not buying mushrooms, but as soon as the mushrooms come above the surface they are illegal, and someone whose kit starts to grow mushrooms is acting illegally.
The Public Prosecution Service defines up to 5 grams of fresh or 0.5 grams of dried mushrooms as a quantity for personal use and in principle does not prosecute possession of that much (OM guideline). That is prosecution policy for small amounts found on someone, not a permission to grow. A single PES Amazonian flush weighs far more.
Driving under the influence of a substance that impairs driving is prohibited under article 8 of the Road Traffic Act.
The 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 of the Misuse of Drugs Act 1971, in force from 18 July 2005 (legislation.gov.uk). It applies to fresh and prepared mushrooms alike. A kit that fruits produces a Class A drug, and producing one is an offence. We found no rule that addresses spores or colonised kits directly.
Germany
Annex I of the Narcotics Act (Betäubungsmittelgesetz) lists psilocin and psilocybin, and also fungi and fungal parts containing them, plus biological materials suitable for reproducing or obtaining them, when misuse for intoxication is intended (BtMG Annex I). That wording covers a grow kit, a grow bag and spores bought to grow magic mushrooms. Annex I substances cannot be traded or prescribed.
The United States
Psilocybin and psilocyn are Schedule I substances under the federal Controlled Substances Act. In a letter of 2 January 2024, the Drug Enforcement Administration confirmed that spores containing no psilocybin or psilocin are not controlled, and that material becomes controlled once it does, for example upon germination (DEA letter). A colonised kit or grow bag is past that point. States add their own rules; California, for example, prohibits cultivating spores or mycelium with the intent to produce psilocybin. PES itself was based in Hawaii, where federal law applies as in every state.
Ordering from the Netherlands
Dutch-Smart ships from the Netherlands and sells to adults only. It does not ship spore syringes outside the EU. A product that is legal to sell in the Netherlands does not become legal elsewhere because it was shipped from there: the law of the country where the parcel arrives, and where it would be grown, decides, including the rules on importing. This site does not recommend ordering, importing or growing anywhere that is against the law.
The kit forecast on this site describes the manufacturer's instructions; it is not an invitation to grow where the result is illegal, which includes the Netherlands. If you are in the Netherlands and 18 or over, the products below are legal to buy there.
PES Amazonian - 1200cc Mushroom Grow Kit
View at Dutch-Smart
Amazonian Grow Bag 2100g
View at Dutch-Smart
PES Amazonian - Spur Ampoule | 10 ml
View at Dutch-Smart
More: spores and their legal position, the kit and grow bag, about this site.