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Legality · Amanita muscaria

Is Amanita muscaria legal in Serbia?

Confirmed against a primary sourceVerified September 21, 2026
Legal status
The status of Amanita muscaria in Serbia is open and this cell does not close it. The dossier records a complete list negative search across Lista 1 to 7 of the Spisak psihoaktivnih kontrolisanih supstanci, Službeni glasnik RS 12/2026, for «amanita muscaria», with the final Lista 7 row and the salts clauses checked, and no exact printed row was accepted. No near comparison was accepted at all, neither an exact printed row nor a bounded class match. On this row the dossier's explanation column is genuinely row specific rather than templated, and it is the only per row material available, so it is used: it records that the Serbian list names neither the mushroom, nor muscimol, nor ibotenic acid, and that the completed Serbian search did not settle whether a separate product or poison regime reaches the fungus. The outcome is recorded as not verified, and that is a statement about what the search found rather than a finding that Serbia leaves Amanita muscaria uncontrolled. What remains open is whether a food, product or poison instrument outside the narcotics list reaches the fungus or its two active constituents. The Serbian strings here are the dossier's record in Latin script and are not offered as the Cyrillic wording of the Službeni glasnik RS.
Consequences if caught
Capital exposure: none. The ceiling this dossier records for Serbia is 20 years of imprisonment, by Criminal Code art. 246(5) read with the general maximum in art. 45(1). That figure is document level, the same sentence on all 88 Serbian rows, so it is given here as the dossier's recorded ceiling for the country and not as a measured statement about this substance, and no route in the instruments the dossier cites reaches death. The open scheduling question therefore does not put a capital answer in play. It puts everything else in play. If a Serbian court finds that the Spisak reaches this substance through a synonym, a plant or preparation limb, a salts clause or an analogue rule, arts 246 and 246a apply in full and divide conduct by manja količina and velika količina with no gram value printed for either. If it finds the Spisak does not reach it, those articles do not apply at all. The dossier settles neither branch, and a cell that picked one would be inventing the answer. The two active constituents of this fungus, muscimol and ibotenic acid, are recorded as unnamed on the list as well, so the absence is of the whole organism and of its chemistry together rather than of one row. Treat Amanita muscaria in Serbia as unresolved rather than as permitted. The practical consequence of an unresolved row is asymmetric: a reader who assumes it is controlled risks only inconvenience, and a reader who assumes it is not risks the full reach of arts 246 and 246a. Separately from that, and carried forward from this site's published Serbia entry rather than re-derived from the Criminal Code in this pass, the published penalties are these. Drug use itself is not a criminal offence. Possession of a small amount for one's own use under Criminal Code article 246a paragraph 1 draws a fine or up to three years, and punishment may be remitted in minor cases. Small quantity is not numerically defined in law, so there is no fixed statutory quantity. Possession of a large quantity under article 246a paragraph 2 draws three to ten years. Production, circulation or sale under article 246 draws three to twelve years, five to fifteen years if committed by a group, and at least ten years if by an organised group. Cultivation of opium poppy or psychoactive hemp under article 246 draws six months to five years. Facilitating the taking of narcotics is an offence under article 247. The death penalty was abolished in 2002. Every figure in this paragraph is a penalty range or a fine and none of them is a quantity threshold. Whether the offence reaches this row at all is exactly what was not established, so they are recorded as Serbia's published drug penalties and not as this row's exposure.
If prescribed or medical
The dossier carries no prescription information and no traveller rule for Serbia at all, so this cell defers rather than inventing one. The country level question, meaning which Serbian body authorises a controlled medicine carried in, what paperwork it wants, what quantity it allows and how long an authorisation runs, was not established by the source behind this batch and has to be settled with the Serbian authorities before travel. On this row the deferral is doubled, because the placement is unresolved as well. The dossier records no Spisak row for Amanita muscaria, so there is no schedule position to attach a route to, and a cell that described a prescription pathway here would be describing a regime it has not shown applies. Neither the fungus nor either of its two active constituents carries a placement, so there is no position of any kind here to attach a route to.
Documentation
The checkable fact in this cell is the search, not the answer. The negative search recorded here ran the term «amanita muscaria» across Lista 1 to 7 on 20 September 2026 against the Spisak at Službeni glasnik RS 12/2026, and returned no exact printed row. The completed Serbian search did not settle whether a separate product or poison instrument reaches the fungus, which is a different question from the narcotics list and one this dossier did not answer. Carry any medicine in its original dispensing packaging with the prescription and a doctor's letter naming the patient, the active ingredient, the dose and the treatment period, and ask the Serbian authorities before travelling rather than at the border. Do not treat an unresolved row as a clearance, and do not carry a threshold figure for Amanita muscaria from another country's law, because Serbia prints none for anything. The citation behind this cell is document level and is the same link for all 88 Serbian substances.
Primary sources
  • Serbia, complete list negative search across Lista 1 to 7 of the Spisak psihoaktivnih kontrolisanih supstanci annexed to the Pravilnik o utvrđivanju Spiska psihoaktivnih kontrolisanih supstanci, Službeni glasnik RS 12/2026, Član 2, for the term «amanita muscaria», with the final Lista 7 row and the salts clauses checked and no exact printed row accepted, the fungus and both of its active constituents, muscimol and ibotenic acid, all recorded as unnamed, and no separate product or poison instrument settled
  • Criminal Code arts 246 and 246a with art. 246(5) and art. 45(1) carrying the document level 20 year ceiling that would apply only if the list were found to reach this substance
  • read at https://www.paragraf.rs/propisi/pravilnik-o-utvrdjivanju-spiska-psihoaktivnih-kontrolisanih-supstanci.html for the Spisak and https://www.paragraf.rs/propisi/krivicni-zakonik-2019.html for the Criminal Code, a commercial republication in Latin script rather than the Cyrillic text of the Službeni glasnik RS. The dossier holds one link value for all 88 Serbian substances, so this citation is document level and not per substance, and nothing in it should be read as a source pinned to this substance alone. The dossier's own link field ran the two addresses together into one string with no separator between them. Read as at 20 September 2026.
  • the article 246, 246a and 247 penalties stated above are carried forward from this site's published Serbia entry, which cites the Criminal Code articles 246, 246a and 247 and the Law on Psychoactive Controlled Substances. They were not re-derived from the Code in this pass, and that entry's own statement that small quantity is not numerically defined is carried with them

Court records

We have not yet assessed whether court records are publicly available for this jurisdiction.

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