Editing Smart shop (section)

===The Netherlands===
Legally, smart shops operate under a decision of the [[Hoge Raad]] (Supreme Court) that has declared that unprepared mushrooms and cacti are not considered "preparations" of the substances they contain, and are therefore not banned under the [[Opium Law|Opium Act]] or international law even if their active ingredients are.

There are some shops from the Netherlands that operate as both a smart shop and a head shop on an international level. Customers are expected to accept the responsibility to inform themselves about the local laws, import and custom regulations before ordering and to certify that the import to their country of the products ordered is legal.

As of December 1, 2008, the sale of magic mushrooms was subject to tighter control in the Netherlands.

This legal regime is markedly different from the one that applies to [[cannabis (drug)|cannabis]] products. Those are formally illegal under the [[Opium Law|Opium Act]] and international law, which explicitly bans the plant rather than the cannabinoids in it. Cannabis products such as marijuana and [[hashish]] can be sold and possessed only pursuant to a web of executive orders more-or-less silently assented to by parliament. The sale of [[magic mushrooms]], on the other hand, was entirely legal and subject only to the common regulation of foodstuffs by the ''Warenautoriteit'' (Commodities Authority).