Whilst the legality of magic truffles may be a common concern amongst consumers, it is essential to understand the facts and dispel misconceptions. Magic truffles are not a banned substance and are available for purchase as a luxury food in Europe.

Magic truffles are good for your health

Magic truffles have been on the market for over 20 years, with research suggesting they may have health benefits. Despite common misconceptions, magic truffles are not banned in any country. It is no wonder they are becoming more widely accepted as a functional food consumed for its positive effects.

Magic truffles are a luxury food

The Dutch Tax Authorities (Koninklijke Belastingdienst Nederland) officially classified magic truffles as a luxury food in 2019, marking an important step in their legal status.

Luxury food is defined as a functional food consumed for its pleasurable effects, rather than its nutritional value. This classification placed magic truffles in a different tax bracket, meaning they are no longer considered a grey market product.

This decision was CONFIRMED by a ruling of the Royal Dutch Court in 2022: Truffles are indeed a legal luxury food, whilst mushrooms remain prohibited.

EU Single Market 

The European Union operates as a single market, meaning that any product produced and marketed within EU borders is equally available to all member states. Excluding customers based on their location – known as geo-blocking – is against the law. Geo-blocking refers to the practice of denying access to goods, services or content based on a user’s geographical location. This practice is common in the e-commerce industry and can result in customers being unable to purchase items or access certain websites due to their location. Geo-blocking is considered a form of discrimination and is therefore subject to regulation in many countries.

In the European Union, for example, geo-blocking is generally prohibited under the Digital Single Market rules, which aim to ensure that customers have access to goods and services online regardless of their location. Businesses that engage in geo-blocking can face penalties and fines, making it important for companies to be aware of the regulations in their jurisdiction.

Legality of Magic Mushrooms

With regard to the legality of magic mushrooms, it is important to note that the 1971 UN decision did not cover truffles or mushrooms containing psilocybin. In a 1978 case, the Florida Supreme Court concluded that psilocybin was covered by the law, but not mushrooms containing psilocybin or any other living organism containing psilocybin. This ruling placed both magic mushrooms and truffles in a legal grey area, with no convictions or penalties for possession of these mushrooms.

Overall, the use of magic truffles continues to be a topic of interest and research, with new findings continually emerging. Despite this, it is important to remember that they are a powerful substance and should be used with caution, ideally under the guidance of a knowledgeable individual.

Taxes

A product being legal means that the trader is obliged to pay taxes to the country.

For an EU country to be legally entitled to ban a product from its market, it must present scientific evidence that the product is harmful to the consumer’s health. Our products, particularly the magic truffles, are beneficial to health, non-addictive and do not cause any harm to health, regardless of the quantity consumed.

Magic Truffles have been legalised – this means that the Dutch tax authority has classified Magic Truffles as ‘luxury food’, which is subject to full VAT due to their psychedelic effects (in contrast to food products intended to satisfy hunger, which are subject to a lower rate of VAT). This took place on 13 September 2019. No mainstream media reported this, and as a result, a great deal of misinformation is being spread here and there regarding their legality, failing to take into account that hundreds of scientific studies conducted since 2015 have demonstrated the significant health benefits that magic truffles can provide – banning a non-addictive, non-harmful yet healthy product seems impossible to justify on sound reasoning.

In any case, it is important to understand that what appears clear and straightforward harbours a pitfall: Dutch marketing promotes the idea of ‘exclusivity’ in the Netherlands for its own profit.