Why Magic Truffles are legal in Europe

Why Magic Truffles are legal in Europe

Magic Truffles are an official luxury food of the European Union.

The big question around the legality of magic truffles is always:

"But don't they contain psilocybin? That is an illegal substance in my country."

This is a common assumption that falls apart on closer inspection.

Here's why:

1) Health

In order for a product to become excluded from a country's market, there needs to be an official statement on this.

This is currently not the case for any country in the world, for good reason.

In order for such an exclusion to pass, there needs to be some form of justification, such as danger to the health of the user or the safety of others.

This is not an issue with Truffles.

They've been on the market for 20+ years, with research accumulating to testify their potential for improving health.

 

2) Luxury Food

In September 2019, the Dutch Tax Authorities (Koninklijke Belastingdienst Nederland) assigned Magic Truffles the classification as luxury food.

This was an important step.
Prior to this, magic truffles had been a product of the grey market, meaning they belonged in no tax category and could be defined by the substances they contained.

 

  • Definition luxury food:
    Funcitonal food consumed for its pleasant effects, rather than its nutritional value.

 

3) Single Market

Europe is defined by being a single market.

This means ANY product produced and marketed within EU borders are equally available to all member countries.

 

To exclude customers from shipping because of their location is actually called geo-blocking, which is sanctionable.

 

4) About the legality of Magic Mushrooms

 Truffles and mushrooms containing psilocybin were not covered by the '71 UN decision.

In this regard, there was the case of Fiske vs State, in which in 1978 the Florida Supreme Court concluded that psilocybin, but not psilocybin-containing mushrooms, or any other psilocybin-containing life form, was covered by the law. Thus, possession of these mushrooms did not warrant conviction or punishment.

Thus, both magic mushrooms and truffles were previously in a legal gray area.

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