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GLOSSARY · LAW AND ACCESS

Decriminalization

Also called: decriminalisation, decriminalize

Removing criminal penalties for an activity, usually personal possession, while the substance stays illegal to sell or produce. It is different from legalization. Psilocybin is not decriminalized anywhere in Canada.

Decriminalization usually means that personal possession no longer leads to a criminal charge, while selling and producing remain offences. Canada’s one formal example used an exemption, not a change to the Act: under subsection 56(1) of the Controlled Drugs and Substances Act, adults in British Columbia were exempted from the possession offence in section 4(1) for small amounts of certain drugs (Health Canada, BC exemption).

That exemption covered opioids, cocaine, methamphetamine and MDMA, up to a cumulative 2.5 grams, and did not include psilocybin (Health Canada, BC exemption). The BC government says the exemption expired on 31 January 2026 and will not be renewed (Government of BC).

A separate trend is sometimes described the same way. Since 2022, the Act tells police to consider warnings or referrals and tells prosecutors to consider alternatives before pursuing simple possession charges (Justice Laws, CDSA). That reduces prosecutions but leaves possession a crime. Health Canada still says possession of magic mushrooms is illegal unless authorized (Health Canada, magic mushrooms). Not legal advice.

General information, not legal advice.

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