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UN sees no reason to ban magic mushrooms |
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Written by Ananda Schouten
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Sunday, 17 July 2005 |
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Page 2 of 2
Mushrooms are 100% legal
The delegates of the United Nations did not find it necessary to put psilocin containing mushrooms on the list of controlled substances. Only substances placed on the list of controlled substances are controlled. For this reason, not only cocaine, but also coca leaves are listed. Psilocybin and Psilocin are listed, but not the mushrooms themselves. This has been done on purpose. Many naturally occurring plants contain controlled substances. If that would be a reason to ban mushrooms or plants, a large part of nature should be prohibited. Another reason not to ban naturally occurring plants, is that the UN delegates concluded that banning naturally occurring plants is legally not feasible.
The concentration of psilocybin and psilocin in magic mushrooms is of course much lower than the pure substances. As the concentration goes down, so does the risk. The concentration of psilocybin and psilocin is too low, to pose enough risk to justify a ban. Since magic mushrooms are not controlled, neither are preparations of magic mushrooms. Only if one would separate the controlled substances from the mushrooms, an illegal preparation would be produced.
After consulting the United Nations on Office on Drugs and Crime (UNODC), the International Narcotics Control Board has made it clear in various letters that Magic mushrooms do not fall under international control.
International Narcotics Control Board meeting on Psilocybe mushrooms:
In the light of the testimonial of Dr. Lousberg in the court case and after recurrent questions on the legal status of Psilocybe mushrooms, the International Narcotics Control Board established an ad hoc working group to look into this matter. To re-evaluate the view of the INCB on Psilocybe mushrooms and suggest to the board; wording to use in future communications on this issue. The sessions took place from may 17 – 28, 2004. The working group discussed the matter in depth and concluded that the wording presently used by the secretariat of the INCB should remain as it is:
“At present, no plants (natural materials) are controlled under the 1971 convention of psychotropic substances. Consequently, preparations (e.g. decoctions) made of these plants, including Ayahuasca (and Psilocybe mushrooms*), could be considered as not being under international control and therefore not subject to any of the articles of the 1971 convention.”
*Note of vice-president Lousberg
EU Free Trade treaty
The testimonial of the vice president of the INCB is essential in regards to the EU Free Trade treaty: This treaty, signed by the UK, forbids the UK to ban goods, which are legally produced in other EU countries. Most magic mushrooms are produced in the Netherlands. But the EU free trade treaty does not preclude prohibition justified on grounds of public health. The testimonial of Dr. Lousberg makes it impossible to claim with any credibility, that the mushroom ban is justified on grounds of protection of public health.
Related document:
On the legality of magic mushrooms
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