Two opposite ideas circulate about the legality of psychedelics in Spain, and both are equally wrong. One says that everything is banned and that any contact with these substances is a crime. The other says that since grow kits and truffles are sold online, they are basically legal. The reality is more nuanced, and it is worth knowing before you make any decisions.
This article summarizes the situation as of October 2026. It is general information, not legal advice: laws change, courts do not always agree, and each case depends on its circumstances. If you have a specific question, consult a lawyer.
Key takeaways
- Psilocybin, LSD, MDMA, DMT and mescaline are controlled substances in Spain.
- Using in private is not a crime. Using or carrying substances in public places is punished with a fine.
- Selling, giving away, growing for others or facilitating someone else’s use can be a crime against public health.
- There are gray areas, such as grow kits, truffles and ayahuasca. Gray does not mean legal.
- Medical use of psilocybin, MDMA or LSD is only possible within authorized clinical trials.
The general framework
Spain is a party to the 1971 United Nations Convention on Psychotropic Substances, which lists psilocybin, psilocin, LSD, MDMA, DMT and mescaline in its Schedule I. Schedule I groups the substances subject to the strictest control, with use limited to scientific purposes and very restricted medical ones. Spain incorporated those schedules into its domestic law.
On that basis there are two separate tracks, which should not be confused: the criminal one and the administrative one.
What is a crime
Article 368 of the Spanish Criminal Code (Código Penal) punishes those who grow, manufacture or traffic in drugs, or otherwise promote, encourage or facilitate their illegal use, or possess them for those purposes. The penalties are three to six years in prison for substances that cause serious harm to health and one to three years in other cases, plus a fine. The courts have been treating LSD and MDMA as belonging to the first group.
In practice, this includes:
- Selling, even in small amounts.
- Giving it away or offering it to someone. No money needs to change hands.
- Growing or producing for other people.
- Possessing amounts that, because of their size or other indications, point to a purpose other than personal use.
- Organizing activities in which substances are supplied to those attending.
Case law has recognized, under very strict requirements, the concept of shared use within a closed group of users. It is a narrow exception that the courts assess case by case, not a rule to rely on.
What is not a crime but is penalized
Personal use and possession for personal use are not crimes in Spain. That does not make them legal in every circumstance.
The Ley Orgánica 4/2015, de protección de la seguridad ciudadana (Organic Law 4/2015 on the protection of public safety), treats the unlawful use or possession of drugs in public places, streets, establishments or transport as a serious offense, even when they are not intended for trafficking. The fine ranges from 601 to 30,000 euros, and the substance is confiscated. The same law penalizes growing in places visible to the public.
In other words, carrying a small amount on you in the street, in your car or at a festival can end in a considerable fine, even when no crime has been committed.
Use in a private space
Use in your own home, with no third parties being supplied, falls outside both the Criminal Code and the administrative penalty. It is the only scenario with no direct legal consequence.
That does not settle how the substance was obtained. Whoever sold it or handed it over may well have committed a crime.
Driving under the influence is a separate matter: it is prohibited and can be a road safety crime, on top of the obvious risk.
The gray areas
Mushrooms, grow kits and spores
The Convention controls psilocybin and psilocin but does not expressly mention the mushrooms that contain them, and that is where much of the confusion comes from. Spores and grow kits are sold in Spain, often presented as collector’s or study items.
The fact that they are sold does not mean that growing and consuming them is legal. The mushrooms contain a controlled substance. Growing for third parties or selling mushrooms for consumption can be prosecuted as a crime, and possession in public can be fined. The specific treatment has varied from court to court, which adds uncertainty rather than removing it.
Truffles
So-called magic truffles are the sclerotia of mushrooms that contain psilocybin. Their sale is tolerated in the Netherlands because of a peculiarity of Dutch law. That situation does not carry over to Spain, where no regulation authorizes them and where they contain the same controlled substance as the mushrooms. Online shops that present them as legal in Spain are describing a self-serving interpretation, not a fact.
Ayahuasca
DMT is controlled, but ayahuasca as a plant preparation does not appear in the international schedules or the Spanish ones. As reported by ICEERS, the High Court of Justice of Madrid confirmed in a July 2025 ruling that the mere possession or importation of ayahuasca, with no profit motive and no risk to public health, does not in itself constitute a crime.
That ruling does not bind the rest of the country’s courts, and there is still no Supreme Court decision that sets the standard. In practice there are still arrests, seizures and proceedings, even though many end up dismissed or in acquittal. And anyone who organizes ceremonies may face other liabilities if someone is harmed. It is a legal vacuum, with everything that implies.
Other plants and new substances
Some cacti that contain mescaline are sold as ornamental plants. As in the previous cases, the plant itself may not be controlled, while using it to extract or consume the substance may well have consequences. New psychoactive substances are added to the schedules over time, so their status changes.
Medical use and research
- Psilocybin, MDMA and LSD are not authorized as medicines in Spain. They can only be administered within clinical trials approved by the medicines agency and an ethics committee. Spanish hospitals take part in this type of study.
- Esketamine, a ketamine derivative in nasal spray form, is authorized for treatment-resistant depression, for hospital use and under restricted conditions. It is not a classic psychedelic, but it is usually included in this conversation.
- Ketamine is an authorized anesthetic, and its use for depression is off-label, under medical responsibility.
Outside these scenarios, no one in Spain can offer treatment with psychedelics. We explain the state of the research in psilocybin and depression: a summary of the clinical studies.
Informing, preparing and integrating
Talking about psychedelics, providing information about risks, preparing someone for a decision they have already made, or helping them integrate an experience are activities that involve no substance at all. Harm reduction is, in fact, part of public health policy in Spain.
The line is the substance: selling it, supplying it or facilitating it. That is why it is wise to be wary of any service that includes the substance in the price or provides it, however it presents itself. To learn about the different roles that exist, read trip sitter, facilitator, therapist and companion.
Retreats in other countries
There are countries where certain uses are permitted or tolerated. Traveling does not remove every legal risk: local laws have their own conditions, and bringing any substance back is importation of a controlled substance.
Frequently asked questions
Is it legal to have mushrooms at home for personal use?
It is not a crime to have them for personal use in a private space. They are not legal: they contain a controlled substance, and handing any over to another person changes the situation.
Can I be fined for carrying a small amount on me?
Yes. Possession in public places is a serious offense, with fines starting at 601 euros.
Is microdosing legal?
The amount does not change the nature of the substance. The same applies as for any other dose.
Can a professional prescribe me psilocybin in Spain?
No. It is only administered in authorized clinical trials.
Where RILOFU fits in
RILOFU does not sell, supply or facilitate substances, and none is included in the price of its services. We offer information, preparation and integration. If you decide to use, do so knowing the legal consequences as well, and following harm reduction guidelines.
→ Book a free first consultation
Sources
- Convention on Psychotropic Substances of 1971, United Nations.
- Ley Orgánica 10/1995, del Código Penal (Spanish Criminal Code), Article 368.
- Ley Orgánica 4/2015, de protección de la seguridad ciudadana (Organic Law on the protection of public safety), Article 36.
- ICEERS: Can Ayahuasca Be Used Legally in Spain?, 2025.