All consumers residing outside of the Netherlands are solemnly responsible for the legal status under local laws of our products, including with regards to purchasing, importing, possessing, processing and/or consuming our products.
We do not guarantee or warrant in any way that our products are legally permitted outside the Netherlands. We do not provide any information on the legal status of a product in your country of residence, outside the Netherlands. If you are in doubt about the legality of our products in your local country, we strongly advise you to seek information or local counseling on the legality prior to placing any order.
The following shall not be construed as and shall not replace legal advice.
Truffles do not fall under any law. They are 100% legal for us to sell. This is because the truffle is different from the mushroom and not mentioned on the official list of Schedules of controlled substances in the Dutch Opium Act. Thus, under the legality, it is prohibited to defining truffles as illegal. This was explicitly confirmed by the Dutch Minister of Health in Parliament on February 9, 2009.
Sclerotium Mexicana the truffle in our Micro product is the subterranean substratum of the mushroom Psilocybe Mexicana. Sclerotium Mexicana is freely available in The Netherlands. On December 1, 2008 a new Ministerial Decree made the hallucinogenic mushroom punishable in The Netherlands. This happened by introducing a considerable amount of specific named mushrooms on the official Schedules of controlled substances of the Dutch Opium Act. One of these newly controlled mushrooms is the Mexicana. However, the truffle itself is not a mushroom. It is only the subterranean substratum of the Mexicana from which the mushroom can grow. This view is confirmed by scientists like Thom Kuyper, Professor Fungal Ecology and Diversity at the University Wageningen. The truffle must be distinguished from the mushroom. Additionally, the principle of legality is fundamental to criminal law. This principle guarantees that nothing is a crime unless it is clearly forbidden in a law. As a consequence the court applying criminal law shall never interpret a penal provision extensively. The same goes for the truffle. Because the truffle is scientifically distinguished from the mushroom and not explicitly mentioned on the official Schedules of controlled substances of the Dutch Opium Act, the principle of legality prohibits defining them as illegal. This was on February 9, 2009 once more explicitly confirmed by the Dutch Minister of Health in Parliament.
EU trade law says that if a product is legal in 1 EU country (EU pursuant to Regulation (EU) 2019/515 on the mutual recognition of goods lawfully marketed in another Member State.) it is therefor in effect legal in ALL EU countries. So in case our types of products are not allowed by your government: the ban in your country is illegal, not our products. This logic follows from the jurisprudence which relegalized absinthe in the EU.
Our products are 100% legal in Holland. There is no priority for custom control in EU countries to look for truffle products. Health risks for truffles are very low, when compared with other drugs such as alcohol or tobacco.
Our products are not under control subject to the 1971 United Nations Psychotropic Substances Convention and this means that no UN member state has an obligation to criminalize it.