Is Amanita muscaria legal in New Zealand?
- Legal status
- Not a controlled drug on the text cited, and the absence was tested rather than assumed. Amanita muscaria, the fly agaric mushroom, active through ibotenic acid and muscimol rather than through a tryptamine, has no exact entry in Schedules 1 to 3 of the Misuse of Drugs Act 1975, and the closed schedules were read together with the open section 2 analogue limb, whose definition excludes substances that are approved medicines or that lack substantial structural similarity to a controlled drug. That is why this is recorded as a positive closed-list absence and not as an unresolved question. Psilocybin has its own row in this table and is named in Schedule 1 as Class A, so the two mushrooms most often confused with one another land on opposite sides of this dossier's finding. One route stays open: sale of an unapproved psychoactive product can engage the Psychoactive Substances Act 2013 even where no controlled drug classification attaches. The consolidation read was the one current at 20 September 2026, with the Order of 2025 commenced on 27 November 2025 as the latest instrument actually in force.
- Consequences if caught
- Capital exposure: none. New Zealand has no death penalty. No Misuse of Drugs Act ceiling attaches to Amanita muscaria either, because it is not established as a controlled drug on the cited text, so neither the section 6 dealing maximum nor the section 7 possession maximum has anything to fasten on. The exposure that does exist sits in the Psychoactive Substances Act 2013, on the route for unlawful sale of an unapproved psychoactive product, whose penalties are statutory and non-capital. That route reaches supply rather than a person carrying the substance. Dried caps offered for consumption raise the product route, while the same species growing in a paddock raises nothing under either Act.
- If prescribed or medical
- Not established for a traveller. This dossier carries no country-level rule for entering New Zealand with a prescribed medicine: it records that medicines status has to be checked alongside the analogue exclusions and the Psychoactive Substances Act 2013 route, and that a court-grade conclusion can turn on the medicine exclusions, but it states no declaration requirement, no permit, no quantity allowance and no carry limit at the border, and none was researched for this cell. What is established is the placement a traveller would be read against: Amanita muscaria is not established as a controlled drug on the text cited, so the Misuse of Drugs Act placement is a negative one and neither section 6 nor section 7 attaches to it. It is not a dispensed medicine, and the psilocybin row shows that a negative on one fungus says nothing about another. Do not read that placement as a ruling on a lawfully prescribed and lawfully carried supply, which is a different question this cell does not answer. Settle the border question with the Ministry of Health, whose classification order implementation page this dossier cites, and with the New Zealand border authority, before travelling.
- Documentation
- Carry the Misuse of Drugs Act 1975 consolidation current at 20 September 2026 and the Psychoactive Substances Act 2013 together, because the finding for Amanita muscaria needs both: the first for the negative and the second for the route that remains. Read this row against the psilocybin row before treating any mushroom as answered, because the species and not the word mushroom decides it. Carry the reasoning and not only the result, because a negative is worth no more than the limb it was tested against, and here that limb is the section 2 exclusion for approved medicines and for substances lacking substantial structural similarity. Carry the classification chain this finding was read against as well: the 2022 and 2025 Classification and Presumption of Supply Orders with their commencement orders, the 2024 pseudoephedrine amendment, and the 2026 Order, which was made but is not treated as law in this dossier because its own section 2 leaves commencement to the Governor-General and no commencement instrument was located by the horizon. Carry the date as well, 20 September 2026, because in New Zealand a classification order can move a substance between classes without a word of the Act changing.
- Misuse of Drugs Act 1975, Schedules 1 to 5, at https://www.legislation.govt.nz/act/public/1975/116/en/latest/, read as at 20 September 2026. The power that moves the list is section 4, which authorises the Governor General by Order in Council to amend Schedules 1 to 5 subject to statutory approval and commencement machinery, so the schedules are not fixed by the Act's own date. The chain the source records as checked is the current consolidation, the 2022 and 2025 Classification and Presumption of Supply Orders with their commencement orders, and the 2024 pseudoephedrine amendment. A 2026 Order exists and the source records it as uncommenced at that date, so this reading does not rule out a later amendment that had commenced or been made after it. The published URL resolves to the latest consolidation rather than to a fixed version, so the read date above is what identifies the text, not the link.
Court records
We have not yet assessed whether court records are publicly available for this jurisdiction.
Amanita muscaria in related jurisdictions
Other substances confirmed in New Zealand
Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with New Zealand’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.
Before you travel
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If you’re detained or arrested abroad
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