Psilocybin penalties in Canada: possession, trafficking and production

What are the psilocybin penalties in Canada? They sit in the federal Controlled Drugs and Substances Act (CDSA), and they differ by offence. This guide sets out what sections 4, 5, 6 and 7, and the entry for psilocybin in Schedule III, actually say. It then covers how sentencing and prosecutorial discretion work at a high level, and what is still unsettled. It reports law. It does not tell anyone how to deal with police or the courts.

What are the penalties for psilocybin in Canada?

Psilocybin and psilocin are named in Schedule III of the Act, as items 12 and 11 (Justice Laws, CDSA). Health Canada says the production, sale and possession of magic mushrooms are illegal in Canada, with psilocybin and psilocin activities prohibited unless Health Canada authorizes them (Health Canada). The Act also says a reference to a controlled substance includes any substance that contains one (Justice Laws, CDSA, s. 2(2)).

The table gives the maximum for each offence as the Act now reads. Most of these offences are “hybrid”: the Crown can proceed by indictment, which carries the higher ceiling, or summarily, which carries the lower one (Justice Laws, CDSA). A maximum is the most a court may impose. It is not what a court usually imposes.

Two points about the table. First, sections 4 to 7 state maximums only. No minimum term appears in them (Justice Laws, CDSA). Second, Schedule III has lower ceilings than Schedules I and II in the same sections. For example, possession of a Schedule I substance carries up to seven years, and trafficking, importing and production of Schedule I or II substances carry up to life (Justice Laws, CDSA). The table does not cover other consequences, such as the forfeiture of property under Part III of the Act.

What does section 4 say about possession?

Section 4(1) says that, except as authorized under the regulations, no person shall possess a Schedule I, II or III substance. “Possession” takes the meaning given in subsection 4(3) of the Criminal Code (Justice Laws, CDSA). Section 4(6) sets the Schedule III penalties in the table above. Exemptions that Health Canada can grant are covered below.

Section 4.1 adds a limited protection for medical emergencies. A person who seeks emergency medical or law enforcement help for a life-threatening situation caused by a psychoactive substance cannot be charged or convicted under section 4(1) if the evidence came from seeking help or staying at the scene. It reaches others at the scene too, and certain release and probation conditions. It applies only to the simple possession offence in section 4(1) (Justice Laws, CDSA, s. 4.1). It does not mention trafficking or production. If someone is in danger, call 911. Our safety page lists the Ontario Poison Centre number.

What counts as trafficking under section 5?

Section 5(1) prohibits trafficking in a Schedule I to V substance, or in anything the person represents or holds out to be one. Section 5(2) prohibits possessing a substance for the purpose of trafficking (Justice Laws, CDSA).

The definitions are broad. To “traffic” means to sell, administer, give, transfer, transport, send or deliver the substance, to sell an authorization to obtain it, or to offer to do any of those things, otherwise than under the authority of the regulations. “Sell” includes offering or exposing for sale, having in possession for sale, and distributing, whether or not anything is paid (Justice Laws, CDSA, s. 2(1)). So under the wording, giving a substance away can fall inside “traffic”. Whether a particular act does is a question for a lawyer.

The Schedule III maximum under section 5(3)(b) is ten years by indictment or eighteen months on summary conviction. Section 5(3) states imprisonment terms only for those summary offences (Justice Laws, CDSA).

What about importing, exporting and production (sections 6 and 7)?

Section 6(1) prohibits importing into Canada or exporting from Canada a Schedule I to VI substance, except as authorized under the regulations. Section 6(2) covers possession for the purpose of exporting. For Schedule III the maximum is ten years by indictment or eighteen months summarily (Justice Laws, CDSA).

Section 7(1) prohibits producing a Schedule I to V substance, except as authorized under the regulations. For Schedule III the maximum is the same, ten years or eighteen months (Justice Laws, CDSA). The Act defines “produce” widely. It means obtaining a substance by any method or process, including manufacturing, synthesizing or altering its properties, and cultivating, propagating or harvesting the substance or any living thing from which it may be extracted or otherwise obtained. It also covers offering to produce (Justice Laws, CDSA, s. 2(1)).

Section 7.1 is a related offence. It prohibits possessing, producing, selling, importing or transporting anything intending that it be used to produce a controlled substance (unless that production is lawfully authorized) or to traffic in one. Where the substance is in Schedule III, the maximum is again ten years by indictment or eighteen months summarily (Justice Laws, CDSA). Sections 4 to 7.1 are the offences. Part II of the Act deals with enforcement, such as search and seizure, which this article does not cover.

What changed in 2022, and has anything changed since?

On 17 November 2022, the Act that began as Bill C-5 received Royal Assent as S.C. 2022, c. 15 (Justice Laws, S.C. 2022, c. 15). The Act’s own summary says it amends the Criminal Code and the CDSA to, among other things, “repeal certain mandatory minimum penalties” and “establish diversion measures for simple drug possession offences.” In the CDSA, its sections 15 to 17 amended sections 5(3), 6(3) and 7(2), repealed paragraphs 6(3)(a.1) and 7(2)(a.1) and subsection 7(3), section 18 repealed section 8, and section 19 amended section 10 (Justice Laws, S.C. 2022, c. 15). The Department of Justice described the bill’s drug measures as repealing mandatory minimum penalties for all drug offences and, in its words, restoring judicial discretion in sentencing. It also described an aim to encourage diversion for simple possession. That description was written in August 2022, while the bill was still proposed (Department of Justice, 2022). We did not compare the pre-2022 text, so we do not say which offences carried minimums.

The same Act added Part I.1 of the CDSA, “Evidence-based Diversion Measures” (sections 10.1 to 10.7), covered below. The Act has no coming-into-force section of its own, and the first version of section 10.3 shows as in force from 17 November 2022 (Justice Laws, s. 10.3, earlier version).

Since then, the Justice Laws consolidation (current to 30 September 2026, last amended 18 July 2026) shows two 2026 amending Acts that touch provisions discussed here, and we read both. Neither alters the Schedule III penalties above. The amendment history of Schedule III itself lists nothing after 2017 (Justice Laws, CDSA).

• S.C. 2026, c. 4, the Strengthening Canada’s Immigration System and Borders Act (assent 26 March 2026), section 6 replaced the definitions of “controlled substance” and “precursor” in section 2, and section 10 replaced Schedule V. A controlled substance is now one in Schedules I to IV or Part 1 of Schedule V. Psilocybin stays in Schedule III (Justice Laws, S.C. 2026, c. 4; CDSA).
• S.C. 2026, c. 19, the Protecting Victims Act (assent 18 June 2026), section 92 replaced section 10.3 to change one cross-reference. Until 17 July 2026 it pointed to “alternative measures” as defined in section 716 of the Criminal Code. It now points to section 715.44, in Part XXII.2 of the Criminal Code, “Alternative Measures and Restorative Justice Processes”. The consolidation shows section 10.3 amended on 18 July 2026 (Justice Laws, s. 10.3; earlier version; Criminal Code, s. 715.44; S.C. 2026, c. 19).

We found no change to the psilocybin entry in Schedule III or to the maximums in sections 4 to 7.1. One loose end: section 10.4(2)(c)(i) of the consolidation still refers to alternative measures “within the meaning of section 716 of the Criminal Code”, and we did not check what that cross-reference now points to. The official consolidation is the thing to check before relying on this page, because the law can change after the date above.

Do judges have to impose the maximum? How sentencing works

No. The Act says an offender is “liable to” up to the stated term, and a court decides the sentence on the facts. Section 10(1) of the CDSA gives the fundamental purpose of any sentence for a Part I offence: contributing to respect for the law and a just, peaceful and safe society, while encouraging rehabilitation, and treatment in appropriate circumstances, of offenders, and acknowledging the harm done to victims and the community (Justice Laws, CDSA).

The Criminal Code adds general principles. Section 718 lists the objectives of sentencing, including denunciation, deterrence, separating offenders from society where necessary, rehabilitation, reparations and promoting responsibility (Criminal Code, s. 718). Section 718.1 says a sentence must be proportionate to the gravity of the offence and the offender’s degree of responsibility (s. 718.1). Section 718.2 says sentences should be raised or lowered for relevant aggravating or mitigating circumstances. They should be similar to those for similar offenders and offences. An offender should not be deprived of liberty if less restrictive sanctions may be appropriate. All reasonable sanctions other than imprisonment should be considered, with particular attention to the circumstances of Aboriginal offenders (s. 718.2).

The CDSA adds a few specific rules. For a “designated substance offence”, which covers Part I offences except simple possession under section 4(1), the court must consider listed aggravating factors. They include carrying or using a weapon, using or threatening violence, trafficking in or near a school or place where young people gather, trafficking to a person under 18, a prior drug conviction, and involving a person under 18. If the court finds such a factor but decides against imprisonment, it must give reasons. A court sentencing a person under Part I may also delay sentencing so the person can take part in an approved drug treatment court program or attend a treatment program (Justice Laws, CDSA, ss. 2(1), 10(2) to (4)).

What courts actually order for psilocybin offences is not something we sourced. We report statutory ceilings and principles here, not typical sentences.

What discretion do police and prosecutors have?

Part I.1: warnings and referrals for simple possession

Part I.1 starts with principles. They include that problematic substance use should be addressed primarily as a health and social issue, and that criminal sanctions for possession of drugs for personal use can increase stigma and are not consistent with established public health evidence (s. 10.1). A peace officer must, instead of laying an information against a person alleged to have committed an offence under section 4(1), consider whether it would be preferable to take no further action, to warn the person or, with the person’s consent, to refer them to a program or community agency (s. 10.2(1)) (Justice Laws, CDSA).

Three limits matter. The duty is to consider, and a failure to consider does not invalidate later charges (s. 10.2(2)). A prosecution for section 4(1) may be started or continued only if the prosecutor decides a warning, referral or alternative measures are not appropriate and that a prosecution is (s. 10.3). And the Part is aimed at simple possession: it names section 4(1) throughout, not trafficking, production or the other offences (Justice Laws, CDSA). Police must keep a record of any warning or referral, and evidence of a warning, a referral or no further action cannot be used to prove prior offending in court (ss. 10.4 and 10.5). Section 10.6 provides that a section 4(1) conviction is kept separate and apart from other conviction records two years after the conviction or the end of the sentence, whichever is later, and that the person is then deemed never to have been convicted of it. Section 10.6 carries no “not in force” notice on Justice Laws, and the 2022 Act has no coming-into-force section of its own (Justice Laws, s. 10.6).

The Crown’s discretion

Federal prosecutors work under the Public Prosecution Service of Canada (PPSC) Deskbook. Its decision-to-prosecute guideline sets a two-part test: a reasonable prospect of conviction and a prosecution that serves the public interest. It describes the Crown’s role as quasi-judicial and its independence as a cornerstone of the system (PPSC Deskbook 2.3, revised 7 March 2023).

A separate guideline, last revised 17 August 2020, covers possession under section 4(1). It says prosecution should generally be reserved for the most serious manifestations of the offence, and that alternatives should be considered unless inadequate. It lists situations where prosecution may be appropriate, including conduct that endangers children and conduct tied to another offence such as trafficking. It mentions agreements with provincial prosecution services but not Part I.1, which came later (PPSC Deskbook 5.13). The Deskbook’s alternative-measures guideline (3.8, revised 3 June 2024) does mention section 10.3 of the CDSA and cross-refers to 5.13. It describes measures such as community service, counselling referrals and restorative justice, and says the accused must accept responsibility and consent. Its legislative preconditions cite section 717 of the Criminal Code, and the guideline predates the 2026 amendments described above (PPSC Deskbook 3.8).

For hybrid offences, which includes most of the offences in the table, Crown counsel decides whether to proceed by indictment or summarily, and the guideline says that choice should generally be made before plea (PPSC Deskbook 3.10, revised 25 March 2022). That choice sets which maximum applies. These guidelines are policy for federal prosecutors, not statutes. We did not review any provincial or municipal prosecution policies, so they may differ.

Are there lawful routes and exemptions?

Yes, narrowly. Sections 4(1), 6 and 7(1) begin “except as authorized under the regulations”. For section 5, the definition of “traffic” covers acts “otherwise than under the authority of the regulations”. Section 56(1) lets the Minister of Health exempt a person, class of persons or substance from the Act’s provisions on terms the Minister considers necessary, if the Minister thinks the exemption is necessary for a medical or scientific purpose or is otherwise in the public interest (Justice Laws, CDSA). Health Canada lists three routes to psilocybin: clinical trials, the Special Access Program for practitioners, and case-by-case section 56(1) exemptions. It adds that there is no guarantee a Special Access Program request will be granted (Health Canada). Our explainers on section 56 exemptions and the Special Access Program go deeper.

What is still unsettled?

• Settled by the text: the Schedule III maximums in sections 4 to 7.1 as of the consolidation date, and the wording of Part I.1 (Justice Laws, CDSA).
• How often warnings, referrals or alternative measures are actually used for psilocybin possession. The law tells officers and prosecutors to consider them. We have not sourced any figures (unresolved).
• How Part I.1 and the PPSC possession guideline fit together in practice. Guideline 5.13 predates Part I.1 and does not mention it. Guideline 3.8 mentions section 10.3 but predates the 2026 amendments. We did not review provincial policies (unresolved).
• What courts actually order. This article gives ceilings and principles, not sentencing ranges (unresolved).
• How the law applies to any specific act. Terms like “traffic”, “produce” and “possession” are defined broadly, and application is a question for a lawyer.

There is no federal decriminalization of psilocybin. The British Columbia exemption for personal possession of small amounts of certain drugs ran from 7 May 2024 and expired on 31 January 2026. It covered opioids, cocaine, methamphetamine and MDMA, not psilocybin (Health Canada, BC exemption page). So that pilot is no guide to psilocybin.

Parliament has one pending item on psilocybin that we found: Bill C-286, a private member’s bill sponsored by Corey Tochor, at first reading and “outside the Order of Precedence” as of 16 June 2026 (LEGISinfo). Its summary says it would amend the Controlled Drugs and Substances Act and the Food and Drugs Act to allow psilocin and psilocybin to be used for medical treatment in accordance with the Narcotic Control Regulations, and to provide for automatic approval of requests for priority review for certain new drugs (bill text). The first-reading text adds subsections to section 2 and does not amend sections 4 to 7 or Schedule III. A bill at this stage may never become law. See our explainer, Bill C-286 explained.

For the broader picture, read our guides on whether magic mushrooms are legal in Canada and in Ontario, and how magic mushrooms became illegal in Canada. Check the Justice Laws page for the Act before relying on any figure here, and ask a lawyer about a real situation.

Shroomverse sells mushroom products. This article is general information about Canadian drug law. It is not medical, legal or purchasing advice, and it does not encourage anyone to use drugs.