D&D 5E Casting a (higher level) spell from a magic item

[karooba]

For spell scrolls, the rules seem pretty clear - make an ability check for higher level spells, but what about items? For example, can a 9th level druid, who can normally cast up to 5th level spells use a Necklace of Prayer Beads and cast Wind Walk, which is a 6th level spell? Also, since the Necklace also has a Planar Ally bead, could the druid cast that (Planar Ally is a cleric spell and not on the druid list)?

Where is the RAW for this?

 

[ccs]

What's your DMs opinion on this?

 

[karooba]

I'm the DM. I feel it can be OP to have low level characters casting spells like Wind Walk etc. before they are at that level. So I'm inclined to say the druid needs to be 11th level. Another example, what if a 1st level wizard has a Staff of Fire, can he use it to cast Fireball? Where is it in the books that explains this?

 

[SkidAce]

SPELLS
Some magic items allow the user to cast a spell from the item. The spell is cast at the lowest possible spell level, doesn't expend any of the user's spell slots, and requires no components, unless the item's description says otherwise.

Staff, very rare (requires attunement by a druid, sorcerer, warlock, or wizard)
You have resistance to fire damage while you hold this staff. The staff has 10 charges. While holding it, you can use an action to expend 1 or more of its charges to cast one of the following spells from it, using your spell save DC: burning hands (1 charge), fireball (3 charges), or wall of fire (4 charges).

A 1st level wizard could cast Fireball, the balancing mechanism is the fact that a 1st level wizard would be almost certain not to gain a "Very Rare" item with the standard guidelines.

 

[Krachek]

I'm the DM. I feel it can be OP to have low level characters casting spells like Wind Walk etc. before they are at that level. So I'm inclined to say the druid needs to be 11th level. Another example, what if a 1st level wizard has a Staff of Fire, can he use it to cast Fireball? Where is it in the books that explains this?

It is the DM that have the final choice when he award a magic item.

 

[aco175]

I always allowed PCs to use the spells even if they are not high enough level to cast normally. Even scrolls can be cast normally without rolling. If I give out the treasure, I expect them to use it and I think it would be a bit lame on my part to give out something only to nerf it. Of course I also give out swords that allow the fighter to cast lightning bolt or cure wounds or such.