Nel sito trufflemagic sostengono di poter vendere "tartufi" psillocibinici in maniera legale inquanto
"Magic Truffles are a legal product. That is a good thing of course. We could not sell our beautiful products if they were illegal. We often receive questions about this. Therefore we approached a lawyer to confirm the legal status of magic truffles. She is the expert on the subject in the Netherlands. You can read her statement below.
The most important conclusion of the statement you can read on this page is that the active ingredient is banned in some countries, unless it is part of a natural product. This is what makes Magic Truffle legal in most cases. Psilocybin can be found in many natural products like some fish and nuts. It's impossible to ban all these products."
ovviamente questo in Olanda
per il resto del mondo
International
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 endeavor 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 psilocybine are at present controlled under the Convention on Psychotropic Substances of 1971. Consequently, preparations made of these plants are not under international control and, therefore, not subject to any of the articles of the 1971
In summary; although psilocine and psylocybine 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 psilocybine and psilocine (Report of the International Narcotics Control Board for 2010, E/INCB/2010/1, published on March 2, 2011, recommendations 284 and 285).
Detto questo, qualcuno sà com'è messa in Italia la regolamentazione di questi "tartufi magici"??
