Is Amanita muscaria legal in Poland?

Also known as: fly agaric

Legal status

Controlled through its two active constituents, although the mushroom itself is not named in the annexes. «KWAS IBOTENOWY» is entry lp. 65 in Załącznik nr 3, the list of new psychoactive substances, added by the amending regulation of 30 April 2025, Dz.U. 2025 poz. 598, in force 22 May 2025. «MUSCYMOL» is entry lp. 66 in Załącznik nr 3, the list of new psychoactive substances, added by the same amending regulation. A Załącznik nr 3 entry is a new psychoactive substance within article 4 pkt 11a, a category defined as lying outside both the narcotic and the psychotropic definitions. Poland names other whole plants on the narcotic annex, so the absence of a fungal entry is a real structural feature of the list and not an oversight of this reading.

Consequences if caught

Capital exposure: none. Poland has no death penalty, and the possession provision that governs a Załącznik nr 3 substance opens at a fine. Possession is an offence under article 62b(1) of the 2005 Act and the penalty there is a fine. Where the quantity is considerable, article 62b(2) provides for a fine, a restriction of liberty or up to three years. Article 62b(3) lets proceedings be discontinued on the same insignificant quantity and own use test that article 62a applies to narcotics and psychotropics, again as a power and not an entitlement. The separate and lighter possession band is the practical consequence of sitting on Załącznik nr 3 rather than on Załącznik nr 1 or nr 2. The published Poland entry read that this was not a controlled drug at all. That was true of the list before 22 May 2025 and has not been true since. Because the two constituents sit on the third annex, dried caps carrying them engage article 62b and its fine rather than the three year band of article 62. Supply offences sit apart from possession. Article 56 punishes putting such a substance on the market with a fine and six months to eight years, and article 56(3) raises that to a fine and two years to twelve years where the quantity is considerable. Article 59(1) punishes supply for gain with one year to ten years. This absence is stated as at the consolidated text of 17 June 2024, Dz.U. 2024 poz. 1139, as that text stands after the amending regulations of 30 April 2025, Dz.U. 2025 poz. 598, and of 7 July 2026, Dz.U. 2026 poz. 934, read at api.sejm.gov.pl on 21 September 2026. The power to move the list belongs to the Minister of Health, exercised by rozporządzenie under article 44f of the 2005 Act, and that does not rule out a later rozporządzenie made after the date of this reading.

If prescribed or medical

There is no authorised medicinal product with this substance in Poland, so no prescription route exists for it. A Załącznik nr 3 substance has no medical route at all, because that annex exists for substances defined as lying outside the medical categories.

Documentation

No personal import route exists, because a listed substance may be brought in only under the licensing chapter of the 2005 Act and not on a traveller's own account. The certificate issued under article 75 of the Convention implementing the Schengen Agreement is the route for a prescribed controlled medicine and does not reach a substance for which no prescription can be written. Dried caps are sold openly in several markets and carry both listed constituents, so the import is of listed material even though the mushroom has no entry of its own.

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