Spain
Psilocybin is decriminalized in Spain as of 11 Aug 2026.1
- Checked against 2 cited sources at this review.
1. What the law is
Ley Organica 4/2015 de proteccion de la seguridad ciudadana (in force 1 July 2015), article 36.16: consumption or possession of toxic drugs, narcotics or psychotropic substances in public places is a serious administrative infraction, fined from 601 to 30,000 euros. Penal Code article 368 reaches cultivation, supply and trafficking; personal consumption and possession are not criminal offenses.1
Spain draws its line at the front door. Consuming or possessing psilocybin in a public place is an administrative infraction, fined from 601 to 30,000 euros under article 36.16 of Ley Organica 4/2015 on public security, in force since July 2015. Personal consumption and possession are not criminal offenses at all. The criminal code reaches cultivation, supply and trafficking.
2. Pending legislation
No bill is on file in Spain that would change this record, as of the 11 Aug 2026 review.
3. History
The laws behind today’s status, when each took effect, and every review since, in order.
Decriminalized status takes effect.
Spain's status was confirmed at the official gazette: personal possession is not a crime, and consuming or possessing in public is an administrative infraction under article 36.16 of Ley Organica 4/2015.
Spain's entry no longer calls small quantities legal. It describes the public-place administrative fine under Ley Organica 4/2015 and keeps personal consumption outside the criminal code, now citing the consolidated Penal Code as well.
4. Trials in Spain
Interventional psilocybin trials with at least one study site in Spain, drawn from ClinicalTrials.gov, EU CTIS, and ISRCTN. Registry data is reported by sponsors and shown as filed.
Recruiting, active, completed and closed add up to the 4 trials with a study site in Spain, as of Aug 2026. Closed covers trials terminated, suspended, withdrawn or left unverified.
ClinicalTrials.gov data courtesy of the U.S. National Library of Medicine.
5. Common questions
Is psilocybin legal in Spain?
Psilocybin is decriminalized in Spain as of 11 Aug 2026.
Are magic mushrooms ("shrooms") legal in Spain?
"Magic mushrooms" and "shrooms" are common names for fungi that contain psilocybin. Psilocybin is decriminalized in Spain as of 11 Aug 2026. Some laws control the compound and the fungus separately, so this record states the position for psilocybin in Spain.
Sources and confidence
Every status line is checked against the primary sources below. How each record is graded for confidence is set out in the methodology.
- 1.boe.es (opens in new tab) · boe.es
- 2.boe.es (opens in new tab) · boe.es
Cited at the review
This information is for educational purposes only and does not constitute legal advice. Laws change frequently, and enforcement practice can differ from the letter of the law. Verify current status with local authorities before relying on this record.
Changes to this record
Every change we have made to this record, dated, corrections included. Nothing changes silently.
Spain's entry no longer calls small quantities legal. It describes the public-place administrative fine under Ley Organica 4/2015 and keeps personal consumption outside the criminal code, now citing the consolidated Penal Code as well.
Spain's status was confirmed at the official gazette: personal possession is not a crime, and consuming or possessing in public is an administrative infraction under article 36.16 of Ley Organica 4/2015.
Spain: psilocybin legal status. The Psilocybin Record. Accession ES-001. Status as of 11 Aug 2026. https://psilocybinlegalization.com/record/spain
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