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GLOSSARY · LAW AND ACCESS

Health Canada

The federal department responsible for helping Canadians maintain and improve their health. It administers the drug laws that cover psilocybin, decides exemptions and Special Access requests, and authorizes clinical trials.

Health Canada describes itself as the federal department responsible for helping Canadians maintain and improve their health (Health Canada, about). For psilocybin, it is the regulator behind most of the routes people ask about.

Its magic mushrooms page says activities such as sale, possession and production are illegal under the Controlled Drugs and Substances Act unless authorized by Health Canada, and that magic mushrooms, psilocybin and psilocin are also subject to the Food and Drugs Act (Health Canada, magic mushrooms). The same page lists the routes it oversees: clinical trials authorized under Part C, Division 5 of the Food and Drug Regulations, the Special Access Program, and exemptions under subsection 56(1) of the Act. It also says there are no approved therapeutic products containing psilocybin in Canada or elsewhere.

The legal power to grant exemptions belongs to the Minister of Health (Justice Laws, s. 56); Health Canada handles the requests. Provinces can add their own rules on top: Alberta, for example, requires a provincial licence to offer psychedelic drug treatment services (Alberta King’s Printer, AR 114/2021).

General information, not legal advice.

Sources

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