Legality

The thortruffles are so-called magic truffles, sclerotia, which contain psilocybin.

In the Netherlands, the magic truffles have always been seen by the state as “not illegal” since they were marketed in the mid-1990s, ie “not subject to the Narcotics Act” (in NL “opiumwet”). Other states, like Germany, expanded their narcotics laws at the beginning of the 2000s and issued interpretations that called the magic truffles presented as being subject to their national prohibition law in case that they shall be missued to trip . But now, as the legitimate use of the magic truffles according to Dutch tax office is to produce a “trip”, this cannot be a “missuse” and cannot be covered by some interpretation.

Despite the contradictions and obviously incorrect representations of the dangerousness of magic truffles, this “chaotic situation” persisted until September 13, 2019.

On this day, the responsible Dutch government agency, the so-called tax authority, published the categorization of magic truffles as “luxury food” and traders must deliver 21% VAT to the state:

Lastungsdienst.nl

This administrative act is called “legalization” and takes place frequently because new products are brought onto the market again and again. Since September 13, 2019, the magic truffles are no longer “not illegal” in the Netherlands and open for interpretations of unclear national laws, but “legalized”, i.e. categorized als (luxury) FOOD and taxed with the full tax rate.

As the Netherlands is an EU member state and the “internal market” principle for food and beverages is implemented ( EU- Info ) means the legalization of a food or beverage in an EU member state means legalization across the EU. And the EFTA countries Switzerland and Norway have also committed to automatically allowing EU food and beverages on their national markets.

A product that has been legalized as a (luxury) food in the EU can under no circumstances become a “narcotic” or other categorized product in an EU country, since the EU is a customs union. That is true for EFTA and all countries the EU has free trade agreements concerning food products with. 

However, every EU country has the right to impose national restrictions on luxury foods (“normal” food), which, however, must not completely keep the product off the market. Germany could regulate magic truffles to be only tradable “from the age of 18” and could even issue special sales regulations for shops, but would also have to provide scientifically sound justifications for this. In addition, a special “luxury goods tax” for magic truffles could be introduced.

Germany, Austria and Switzerland have so far not issued any rules and therefore the magic truffles are just as tradable as chocolate. We generally deliver “only to adults”.

Since the legalization of magic truffles went completely unnoticed by the media, it cannot be assumed that every official across the EU already knows about the new and binding classification of magic truffles as luxury goods. It is therefore important to disseminate the information in order to prevent inadvertent wrongdoing by state bodies.

Every adult has the right to buy, own, pass on and consume magic truffles in all EU and EFTA countries. No EU member state is allowed to punish  people who possess or have consumed magic truffles because of their possession or consumption. Magic truffles are now in the same customs category across the EU as beer, coffee, whiskey, chocolate, caviar, tobacco and so on.

The chaotic situation that has lasted for over 20 years and which is incompatible with almost every EU basic principle has come to an end.

THE MAGIC MUSHROOMS WERE SPECIFICALLY SPECIFIED BY THE NETHERLANDS as “narcotics”, which means that legalization by other EU and EFTA countries is only possible but in cooperation with the Netherlands and is likely to be a long way off. The Netherlands has thus “put” their “system” on the EU and the EFTA countries, according to which magic mushrooms are “non-marketable narcotics” and magic truffles “marketable luxury goods”.

The pure substances psilocybin and psilocin are still banned in the Netherlands and almost everywhere in the world. Jamaica is an exception and attracts investors from all over the world who are developing psilocybin products for in the near future when psilocybin will become legalized for healing purposes around the world …

This drastic distinction between magic MUSHROOMS andmagic TRUFFLES was justified by the Netherlands with the fact that the concentration of active ingredients in magic mushrooms varies considerably and that accidental overdoses with negative effects cannot be avoided. In the Magic TRUFFLES, on the other hand, the active ingredient concentration is very constant and there have been no “accidental overdoses” in more than 20 years of free sale in the Netherlands.

Please also read the warning notices !