Legality of magic truffles

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

Is it a loophole, then?

Until September, 13th 2019, one could argue with a “loophole”. In the Netherlands, the magic truffles have always been seen by the state (unofficially) 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 .

Since September 13th, 2019 things changed completely, as the Royal Dutch Tax Authority legalized the Magic Truffles as “luxury food” for it’s now legitimate use to produce a “hallucinogenic experience”. Now, the eating of Magic Truffles for the reason of “tripping”  cannot be a “miss-use” and cannot be covered by some interpretation of an unspecific national law.

Despite the contradictions and obviously incorrect representations of the dangers of Magic Truffles, this “chaotic situation”, aka “grey market” and “loophole” persisted until September 13, 2019. With the official publication of an EU-tax authority concerning explicitly the Magic Truffles, distinguishing them from the illegal Magic Mushrooms, we have legal certainty: Magic Truffles, because of their hallucinogenic effects, are “luxury food”, FOOD, not a medicine, not a drug, but a legal “stimulative” food, like coffee, chocolate, energy drinks…

On September 13th, 2019, the responsible Dutch government agency, the so-called tax authority, published on their official page (that is no trader, no alternative media, but the official webpage of the tax authority!) the categorization of magic truffles as “luxury food” and traders must deliver 21% VAT to the state. That is the link:

Belastungsdienst.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. This is, due to the regulations of the EU and EFTA, valid for all EU/EFTA member states. There is no loophole, but legal certainty!

Trade registry entry
Trade registry entry showing ProviThor B.V. to be a company trading with luxury food and in brakets: magic truffles. Maybe the first company worldwide with such a trade register entry.

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 otherwise 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 (opposite to “normal” food), which, however, must not completely keep the product off the market. It must be scientifically justified and explicitly focused on the product (precedence: “Red Bull”, “Absinth”). A state could, i.e. 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 – again, in case a that a state could prove scientifically that this is necessary to do to prevent (up to know unknown) dangers.

No EU-country (and as far as we know, no country worldwide) have so far  issued any rules concerning Magic Truffles – and therefore the Magic Truffles are just as tradable as chocolate. We, from own decision, generally deliver “only to adults”.

Since the legalization of Magic Truffles went completely unnoticed by the mainstream 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 for the legitimate use of “hallucinogenic intoxication”. 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 “luxury food”) across the EU as beer, coffee, whiskey, chocolate, caviar, tobacco, energy drinks and so on.

The chaotic situation that has lasted for about 25 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 “approach” on the EU and the EFTA countries, according to which psilocybin and magic mushrooms are “non-marketable narcotics” and magic truffles are “marketable luxury food”.

The pure substances psilocybin and psilocin remain 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 … we expect that the pure substance will be removed from the banned substances’ list within a couple of years, as their positive effect on the health has become scientific fact in the past couple of years.

This drastic distinction between Magic Mushrooms and Magic 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. One could argue that powdering and normalizing Magic Mushrooms would, as well, do the trick, but Netherlands decided otherwise, maybe for good reason, maybe not, we cannot say.

What we can say and prove by official Dutch publications, is that Magic Truffles are considered officially a “safe for human consumption” product, create no addiction and have been fully legalized September 13th, 2019.

Please also read the warning notices !