Psilocybin law in Spain
Illegal Checked 11 October 2026
Spain fails the tolerated test: police have repeatedly arrested organisers of paid psychedelic rituals and retreats, including a November 2022 Policia Nacional case in Bergueda (Barcelona) where the advertised substances included hallucinogenic mushrooms.
Psilocybin is a controlled substance with no lawful route for retreats or personal use. Some of these states fund research or trials. A summary of published sources, not legal advice.
What the sources say
- Article 368 of the Spanish Criminal Code punishes cultivation, production or trafficking, or otherwise promoting, favouring or facilitating the illegal consumption of toxic drugs, narcotics or psychotropic substances, with prison terms of one to six years depending on harm to health. [Codigo Penal (Ley Organica 10/1995), articulo 368, Boletin Oficial del Estado, consolidated text, read 4 October 2026]
- In November 2022 the Policia Nacional arrested two people in the Bergueda area (Barcelona) for alleged crimes against public health as a ritual was about to begin. Per the Interior Ministry release, one detainee advertised rituals on social media offering ayahuasca, kambo, bufo toad and hallucinogenic mushrooms. [La Policia Nacional detiene a dos personas que organizaban rituales de tipo chamanico con consumo de ayahuasca, Ministerio del Interior (Policia Nacional), 2022-11, read 4 October 2026]
- Other ritual and retreat cases: three men arrested in Tegueste (Tenerife) in August 2024 for crimes against public health over paid rituals (ayahuasca, bufo, kambo, San Pedro, LSD); two people arrested in Sant Pol de Mar (Barcelona) in April 2023 as a ceremony for 23 people began; and a retreat group in Pedreguer (Alicante) dismantled in August 2025. [Tres detenidos en Tenerife por organizar rituales utilizando sustancias psicoactivas y alucinogenas, elDiario.es (Canarias Ahora), 2024-08-20, read 4 October 2026] [Two people arrested while performing a neo-shamanic ritual with psychoactive substances, Agencia Tributaria (Customs Surveillance) with Policia Nacional, 2023-04-02, read 4 October 2026] [Police bust "spiritual retreat" offering frog venom, hallucinogenic drugs in Spain, CBS News (AFP), 2025-08-12, read 11 October 2026]
- Reason for exclusion: condition 3 fails. A documented arrest of a ritual organiser offering hallucinogenic mushrooms, plus a pattern of police action against paid psychedelic retreats, means Spain cannot be called tolerated in practice. [La Policia Nacional detiene a dos personas que organizaban rituales de tipo chamanico con consumo de ayahuasca, Ministerio del Interior (Policia Nacional), 2022-11, read 4 October 2026] [Police bust "spiritual retreat" offering frog venom, hallucinogenic drugs in Spain, CBS News (AFP), 2025-08-12, read 11 October 2026]
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