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The drawback to fresh Psilocybe mushrooms, which go bad quite fast, is severely reducing the Netherlands’ export industry of psychoactive mushrooms. In a series of court cases spanning the years 2003 to 2005, this was challenged by a Dutch Psilocybe mushroom wholesaler. The high court ruled that there was no standing definition in regards to water content, which differentiates between a dry mushroom and a fresh mushroom. Passively dried mushrooms are to be legalized. However, in October 2007 the Dutch government announced ongoing plans to ban the sale of all magic mushrooms.

It is theoretically possible to identify the presence of psilocybin and psilocin in the system and therefore, ascertain that an individual has been using magic mushrooms with a proper, specialized drug test. There have been reports of psilocybin testing during criminal probation drug tests and even school-related drug tests.