With the order, the buyer, called you, enter into a purchase agreement with ProviThor B.V., Rudigerstraat 39A, 5408 AA Volkel, Netherlands, called ProviThor.
Magic Truffles do not fall under any law besides the free market principle. They are 100% legal for us to sell. This is because the truffle is different from the mushroom and not mentioned on the official list of Schedules of controlled substances in the Dutch Opium Act.
Both mushrooms and truffles derive from the mycelium of the species “Tampanensis”. On December 1, 2008, the fruiting bodies of this species have (among many other species) been added to the dutch “opium vet”, making their possession and distribution punishable by law.
The magic truffle, also known as “Sclerotium” is a hardened mass of the subterranean mycelium of Tampanensis. Unlike the mushroom, it is not a fruiting body and therefore does not fall under the Dutch Opium Act.
This biological differentiation is confirmed by scientists like Thom Kuyper, Professor Fungal Ecology and Diversity at the University Wageningen.
According to the Dutch Minister of Health defining truffles as illegal is a falsehood and therefore, based on the principle of legality, prohibited.
The principle of legality is fundamental to criminal law. This principle guarantees that nothing is a crime unless it is clearly forbidden in a law. As a consequence, the court applying criminal law shall never interpret a penal provision extensively.
This statement was officially made on February 9, 2009, by the Dutch Minister of Health in Parliament.
According to European trade law (aka the single market principle), a product that is legal in one EU country is by definition legal in ALL EU countries.
Any European country’s arbitrary decision to exclude such a product from their market therefore goes against European law.
So in case our types of products are not allowed by your government: the ban in your country is illegal, not our products. This logic follows from the jurisprudence which legalized absinthe in the EU.
However, we have yet to encounter even a single country that mentions magic truffles in their law.
It is NOT a fungus, like an egg is not a hen. It is no “pure substance” and is not covered by the 1971-1973 UN treaties. To our knowledge, there is no country in the world that would have banned this naturally occurring organisms.
In case that your shipment should be, for any reason, seized, hindered to enter your country, destroyed or a damage will be created to you otherwise by officials of your country, we will be happy to support your case. We will be delivering rightful information, but we cannot be held responsible for the caused damage and you will have to turn to local courts to fight for your rights.