Legal Status of Psilocybin Mushrooms Worldwide

The legal status of psilocybin mushrooms varies considerably across the globe. This page provides an overview of the current legal landscape, recent policy changes, and exceptions for medical and research purposes.

International Conventions

Psilocybin and psilocin are classified as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances. This classification requires that member states prohibit these substances, limiting their use to strictly controlled medical and scientific research.

Many countries have incorporated these regulations into their national drug laws, often imposing severe penalties for unauthorized possession and use. However, implementation and enforcement vary widely between countries, and recent years have seen significant policy changes in some regions.

North America

United States

In the United States, psilocybin is a Schedule I substance under the Controlled Substances Act, indicating a high potential for abuse and no currently accepted medical use at the federal level. However, there is a growing movement towards decriminalization and medical legalization at the state and local levels:

• Oregon: Became the first state to decriminalize psilocybin and legalize its supervised use for mental health treatment in 2020 through Measure 109. The state has established a regulated program for psilocybin services.
• Colorado: Followed suit in 2022 by decriminalizing psilocybin through Proposition 122, which also created a framework for regulated access.
• Local Decriminalization: Several cities, including Denver, Oakland, Santa Cruz, Ann Arbor, Washington D.C., and others have decriminalized the possession and non-commercial distribution of psilocybin-containing mushrooms.
• California: Passed a law in 2023 allowing licensed healthcare providers to prescribe and administer psilocybin if it is reclassified at the federal level.

Regarding psilocybin mushroom spores, the legal status is more complex. The DEA has confirmed that spores themselves do not contain psilocybin and are not federally controlled, although possessing them with the intent to cultivate mushrooms is illegal. Some states, like California, Georgia, and Idaho, have specifically banned the sale and possession of psilocybin mushroom spores.

Canada

In Canada, the production, sale, and possession of magic mushrooms are illegal under the Controlled Drugs and Substances Act (CDSA). Psilocybin and psilocin are listed as controlled substances, and unauthorized activities such as sale, possession, and production are prohibited.

However, there are exceptions for:

• Clinical trials approved by Health Canada
• Health Canada's Special Access Program, which allows healthcare practitioners to request access to drugs not yet approved for sale in Canada for patients with serious or life-threatening conditions
• Individual exemptions granted by the Minister of Health for medical or scientific purposes

While some cities like Vancouver have seen open sales of magic mushrooms, these remain technically illegal under federal law. Similar to the US, mushroom spore kits can be legally purchased in Canada as they do not contain psilocybin or psilocin.

Mexico

In Mexico, while technically prohibited, an article in the penal code exempts hallucinogenic mushrooms used in indigenous ceremonies, leading to a largely unregulated market in some areas. Traditional use of psilocybin mushrooms continues in certain indigenous communities, particularly among the Mazatec people in Oaxaca.

Europe

The legal landscape in Europe is diverse:

• Netherlands: While psilocybin-containing mushrooms have been illegal since 2008, psilocybin truffles (sclerotia) are legally available and sold in smartshops.
• Austria: Decriminalized the personal possession and consumption of psilocybin mushrooms in 2016, and cultivation is permitted if the mushrooms are not intended for use as drugs.
• Czech Republic: Decriminalized the possession of small quantities for personal use in 2009.
• Portugal: Decriminalized the possession of small amounts of all drugs, including psilocybin, in 2001, treating drug use as a public health issue rather than a criminal offense.
• Spain: Cultivation and possession for personal use are allowed, but sale and distribution are illegal.
• United Kingdom: Psilocybin is classified as a Class A drug, with strict penalties for possession and distribution, although there is growing advocacy for rescheduling to facilitate research and medical use.

Australia and New Zealand

Australia

In Australia, the cultivation, manufacture, possession, use, and supply of psilocybin are illegal nationwide. However, since July 1, 2023, authorized psychiatrists can prescribe psilocybin for treatment-resistant depression, marking a significant shift in policy.

The personal possession and use of psilocybin mushrooms are not criminalized in some regions, and while mushroom spores and grow kits are legal, cultivation is not.

New Zealand

In New Zealand, psilocybin is classified as a Class A controlled drug under the Misuse of Drugs Act, making possession, use, production, and distribution illegal. However, there is growing interest in medical applications, with some advocacy for policy reform.

South America

The legal status also varies across South American countries:

• Brazil: While psilocybin and psilocin molecules are illegal, the fungal species themselves are not, leading to a de facto legal status for psilocybin mushrooms, which are often sold online.
• Colombia: Prohibits drugs included in the UN Convention, including psilocybin, but personal use has been decriminalized.
• Chile: Lists psilocybin and psilocin as narcotic drugs, but psilocybin spores and kits are legal.

Asia

Most Asian countries maintain strict prohibitions on psilocybin mushrooms:

• Japan: Has strict laws against psilocybin, with severe penalties for possession and distribution.
• Thailand: Recently removed cannabis from its list of controlled substances, but psilocybin remains strictly prohibited.
• Indonesia: Has some of the harshest drug laws globally, with severe penalties for possession and trafficking of psilocybin.

Medical and Research Exceptions

Despite prohibitions, many countries allow for limited use of psilocybin in approved research settings. The past decade has seen a significant increase in clinical trials investigating psilocybin's therapeutic potential, particularly for mental health conditions.

Countries with notable research programs include:

• United States: FDA has granted "breakthrough therapy" designation to psilocybin for treatment-resistant depression and major depressive disorder, facilitating research.
• United Kingdom: Imperial College London and other institutions conduct significant psilocybin research.
• Switzerland: Has a history of psychedelic research and continues to approve studies.
• Canada: Has granted exemptions for psilocybin use in end-of-life care and for training therapists.
• Australia: Now allows authorized psychiatrists to prescribe psilocybin for treatment-resistant depression.

Recent Policy Changes and Future Trends

The legal landscape surrounding psilocybin is evolving rapidly, with several notable developments in recent years:

• Increasing decriminalization at local and state/provincial levels
• Growing recognition of therapeutic potential by regulatory bodies
• Expansion of medical access programs
• Increased funding for research
• Public opinion shifting toward support for medical applications

These trends suggest a potential future where psilocybin may be more widely available for medical use while remaining regulated to ensure safety and appropriate use.