Is Psilocybin legal in Germany?

Legal status

Psilocybin is listed in Anlage I of the Betäubungsmittelgesetz. The dossier records the row as „Psilocybin | - | [3-(2-Dimethylaminoethyl)indol-4-yl]dihydrogenphosphat“, so the entry is at the phosphate ester rather than at the dephosphorylated alkaloid it converts to, which is a distinction the German table draws by giving the two separate treatment rather than one combined line. The first column carries the name and the second is empty. Placement is under BtMG § 1 Abs. 1 and the tier is Anlage I, the non-marketable one. The entry is direct, so the indole-3-alkylamine group in the new psychoactive substances statute is not the route here and does not supply the consequences; this row also carries the mushroom question, since fungal material is reached through the alkaloid rather than through any listing of a species.

Consequences if caught

Capital exposure: none. The dossier's penalty column records that no death-penalty regime applies. The penal provisions are BtMG §§ 29 bis 30a and the dossier gives the ceiling: not less than five years under § 30a Abs. 1, with a determinate sentence capped at fifteen years by StGB § 38 Abs. 2. No ordinary band is recorded and none is stated. Because the listing is at a specific ester, the analysis is what fixes the charge, and material containing the related alkaloids rather than this one is answered by whichever entry names them.

If prescribed or medical

There is no prescription route in Germany for this substance. It sits in Anlage I, which is not prescribable, so a foreign prescription cannot authorise possession.

Documentation

For a prescribed controlled medicine on Schengen travel, carry a Schengen certificate issued under article 75 of the Convention implementing the Schengen Agreement, together with the original packaging and the prescription.

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