Is Amanita muscaria legal in Australia?

Also known as: fly agaric

Legal status

Prohibited through its constituents; not a Criminal Code drug. The fly agaric is not named in any Commonwealth instrument read, but its two psychoactive constituents are Schedule 9 in F2026L01327, «MUSCIMOL.» and «IBOTENIC ACID.», and s7(a) and (g) carry the dried mushroom in as a substance «prepared from natural sources» and «a preparation or admixture containing any proportion of the substance». The ibotenic acid entry is an in-window amendment: it is absent from the February 2023 to October 2023 issues and first appears in the February 2024 issue (F2024L00095, made 19 January 2024, registered 23 January 2024, in force from 1 February 2024). The Customs (Prohibited Imports) Regulations 1956 name «159A Muscimol» and «111A Ibotenic Acid», so the mushroom is a prohibited import as goods containing them under the regulation 5(20) definition of drug, paragraph (d). It is not listed in Schedule 1 or Schedule 2 of the Criminal Code Regulations 2019 (Compilation No. 6). Nearest listed drug: 4-hydroxybutanoic acid, GHB (Schedule 1 item 132), the listed depressant nearest to muscimol, which is a GABA analogue closed into an isoxazole ring. Limb (a) of s301.9(1) does not reach it because neither has GHB's molecular formula or that of any listed drug, and neither is an alkaloid of a listed drug; limb (c) does not, because reaching either from GHB would close the chain into an isoxazole ring, and adding a ring is none of the s301.9(1)(c) modifications; and on the method stated next limb (d) does not, because adding a whole ring puts them outside s301.9 on that method. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. No court decision applying s301.9 to muscimol or ibotenic acid was read, so this is a reading of the text. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.

Consequences if caught

Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» No Commonwealth offence reaches possession, sale, supply, manufacture or use of the mushroom or its constituents inside Australia; those are state and territory poisons offences built on its Poisons Standard placement. At the border it is a prohibited import under regulation 5 of the Customs (Prohibited Imports) Regulations 1956, which names muscimol and ibotenic acid at Schedule 4 items 159A and 111A. Importing it without a licence and permission, or outside the traveller exemption, contravenes Customs Act 1901 s233(1)(b), and having unlawfully imported goods in possession contravenes s233(1)(d); both are strict liability (s233(1AB)) and are punishable under s233AB(2) by a fine only, not exceeding 3 times the value of the goods or 1,000 penalty units ($364,000), whichever is greater. Customs Act s233(5) takes narcotic goods, meaning border controlled drugs and plants, out of s233, which is why Division 307 and not s233 governs a border controlled drug. Part 9.2 does not apply, because s320.2(2)(k) excludes a prohibited import. Part 9.2 would also exclude a fungus, s320.2(2)(ia). There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together.

If prescribed or medical

No prescription route: Amanita muscaria, through muscimol and ibotenic acid, sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.

Documentation

No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».

Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with Australia’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.