NederlandsDisclaimer
Microdose.nl provides resources to adults who decide to microdose on their own initiative.
Microdose.nl does not claim that microdosing is effective as a medicine, aid or supplement nor can it be claimed a substitute for professional medical help, therapeutical help, or health advice.
In case of medical or psychological complaints as well as the first symptoms of depression or anxiety you should always contact your physician or a mental health professional.
Microdose.nl does not encourage the use of illegal psychedelics in any way, nor does it violate the law. Nor can Microdose.nl be held responsible for illegal acts as well as the possession of illegal substances.
Legality
Below is a brief explanation of the psychedelics we offer and their legality in the Netherlands.
Important: in Belgium, Germany and most other EU countries, magic truffles, psychoactive cacti and mushroom cultivation kits are not allowed.
Truffles:
The sale of fresh magic truffles is permitted in the Netherlands. Selling dried truffles however is not allowed. Psilocybin (the active ingredient) may not be extracted from the truffle and mushroom and processed into products. Machine drying and processing of magic mushrooms or truffles is not allowed. For commercial purposes, the drying (processing), capsuling, extracting is punishable. However, for personal use it is considered the lowest priority for law enforcement.
Other tools:
The mushroom cultivation kit is allowed, but the mushrooms themselves are on List 1. The other tools offered in this store are not on List 1 of the Opium Act. At this moment it is not illegal to buy these products. Partly because the resources would not be considered suitable for consumption by law. However, we would like to point out that processing/drying/extracting/capsulating active substances from the San Pedro cactus, truffles or mushrooms is in principle an illegal act, as is the commercialization of these extractions.
Conclusion
We hope with this explanation to have made you sufficiently aware of the fragile legal situation. It is your own responsibility not to violate it.
In addition, we recommend that you exercise caution at all times, both in relation to the use of psychedelics and in your communications about them. The Netherlands has a rich history of entheogenic discoveries and at the moment there is an increasing amount of research being done on the therapeutic effects and application of psilocybin and LSD, among others. However, in Europe the legislation is based on very different (political) developments. Therefore it is impossible to predict to which side the current situation will lean towards in the near future.
Should a psychedelics-related incident (or something similar) take place or sensational messages are spread through the media, the chance of a ban increases significantly. We and our partners strive to maximize education and research. We see it as our responsibility to disseminate only accurate, fact-based information and to debunk untruths.
Legal Opinion
Terms & Conditions
The customer must agree with these conditions when placing an order:
Ordering is at the customer’s own risk. We do ship within the EU. we cannot keep track of every single law (+ interpretation) on every single one of our products in every single country. The customer agrees to be responsible to respect the laws of his/her own country. Therefor the purchaser promises in every situation not to put any legal action/claim towards our website, our company and any people working for our company.
Microdose NL B.V. guarantees that all orders that have been paid for will be sent out, and packed in a decent and discrete way. However, Microdose NL B.V. will not be liable for any damage or loss caused by the use, ordering or delivery of our articles to or by you. Unfortunately, customs or postal regulations outside The Netherlands could interfere and could cause your shipment to be delayed for several days or not to arrive at all. We do have high shipping success rates though.
Customers promise they will not resell our products in a commercial way (legal or non-legal). The purpose of the goodies should only be for personal enlightment, and to share among friends (= added since March 2015). Unless you’re a business with a legal tax-number and commercial ID. If there’s any reason to believe the source of the customer’s payment/fund came from fraudulent origin, or the destination of our products will be different than described above, this will lead to a denial of service from our side plus a refund.
Microdose NL B.V. does not sell to minors. Those who order must be at least 18 years of age and be able and willing to read and follow our instructions carefully. By placing an order, the customer declares to be an adult. If we have a reason to believe this condition is not met, we may have to ask for a copy of identification.
We will ship after payment has been received.
Microdose NL B.V. products & services are applicable to Dutch laws.
The customer promises to read the product information on our website (and elsewhere on the web) before ordering and before using or consuming the goods. Microdose NL B.V. sees informing visitors about its products as one of its main goals but is not responsible in any way for accidents or damages caused to person(s) or goods, by any product to the purchaser of our products. There could be potential risks, besides benefits, in taking shrooms. In case of doubt, please abstain.
Although a growing amount of people (also in the academic world) believe shrooms can bring benefits to someone’s life when used wisely, this is not an accepted view in mainstream healthcare as yet. Hence, as long as our products are still controversial, Wholecelium does not make any ‘official’ medical claims.
Product Legality
Dutch Law
Microdose NL B.V. is a legal company with a tax number and an office, just like any other serious business. If you order in our webshop, the sale officially takes place in the Netherlands, because that’s the country where the company is registered. We have to respect Dutch law and the Dutch law will respect us back.
Magic Mushroom Grow Kit Legality
Grow Kits are 100% legal for us to sell. Our grow kits do not contain psilocybin. They are not mushrooms – they’re spores and mycelium.
Magic Truffles Legality
Magic 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 Tampenensis or magic truffle is the subterranean substratum of the mushroom Tampanensis. Sclerotium Tampenensis 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 Tampanensis. However, the magic truffle itself is not a mushroom. It is only the subterranean substratum of the Tampanensis 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.
European Law
EU trade law says that if a product is legal in 1 EU country it is there for 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 shroom products. Health risks for shrooms are very low, when compared with other drugs such as alcohol or cocaine.
International Treaties
The truffle or Sclerotium Tampenensis is neither under control of any international Convention like the 1971 Convention on Psychotropic Substances. This convention never intended to impose control of biological substances from which psychotropic substances could be obtained (Commentary on the Convention on Psychotropic Substances, Vienna, 21 February 1971, United Nations New York, 1976/CN/7/589, chapter Reservations, art. 32 PSV (sub 5, p. 385). In a United Nations Conference for the adoption of a protocol on psychotropic substances, it was discussed psychotropic substances can be found in a large diversity of living organisms, among which are mushrooms, cacti, fishes, and nuts (tenth plenary meeting at Vienna on 2 February 1971, discussing article 6 of the Draft Convention, Records 1971, Volume II, p. 38/39). Any endeavour to control this could result in the extinction and annihilation of a currently unpredictable diversity of plants and animals and would have unforeseeable consequences for food laws. The authors of the Convention on Psychotropic Substances warned against those exact consequences
This interpretation of the Convention is still endorsed by the INCB. This is the International Narcotics Control Board: the watchdog of the United Nations drug policy. Already on September 13, 2001, the Secretary van de INCB, Herbert Schaepe wrote to the Dutch Senior Inspector for Health Care: As you are aware, mushrooms containing the above substance are collected and abused for their hallucinogenic effects. As a matter of international law, no plants (natural material) containing psilocine and psilocybin are at present controlled under the Convention on Psychotropic Substances of 1971. Consequently, preparations made for these plants are not under international control and, therefore, not subject to any of the articles of the 1971 In summary; although psilocin and psylocybin itself are controlled by the Convention, this does not imply that the plants containing these substances by nature are also under control of the Convention.
This opinion of the INCB is confirmed in her last report of 2010, in which is written: — although some active stimulant or hallucinogenic ingredients contained in certain plants are controlled under the 1971 Convention, no plants are currently controlled under that Convention or under the 1988 Convention. Preparations (e.g. decoctions for oral use) made from plants containing those active ingredients are also not under international control. (—) Examples of such plants or plant material include magic mushrooms (Psilocybe), which contain psilocybin and psilocin (Report of the International Narcotics Control Board for 2010, E/INCB/2010/1, published on March 2, 2011, recommendations 284 and 285).
The Dutch courts refer to the Convention on Psychotropic Substances in its interpretation of the Dutch legislation. As a result, fresh mushrooms were not under control of the Dutch Drug Act until December 1, 2008. After all, for penalization new national legislation was needed. The INCB expresses the same view in her report of 2010, where it recommends member states experiencing problems with regard to persons abusing plant material because of the hallucinogenic ingredients it contains, to consider controlling such plants at the national level. The possession of such plants is not punishable unless a prior law says so. The principle of legality constitutes a fundamental human right protected by international conventions that also has to be respected by the member states of the United Nations. This implies that hallucinogenic mushrooms are legal unless national legislators or courts have explicitly penalized them. The same goes for truffles, which are scientifically distinguished from mushrooms. The Dutch example shows that bringing a specific hallucinogenic mushroom under the control of the Drug Act, does not imply that also the subterranean substratum of that mushroom, the magic truffle, is controlled by that Act. For that reason it is advisable to carefully check in every country where you want to buy, sell or possess truffles, if these are explicitly made punishable by national laws or other regulations. As long as this is not the case, they must be assumed freely marketable.