Legalization goes further than decriminalization: the law creates a lawful way to produce, sell or use a substance, usually through licences and rules. In Canada that has not happened for psilocybin. Health Canada says the production, sale and possession of magic mushrooms are illegal and that there are no approved therapeutic products containing psilocybin (Health Canada, magic mushrooms).
The closest examples are in the United States. Colorado’s Natural Medicine Division says Colorado became the second state, after Oregon, to legalize psilocybin mushrooms for personal use or use by healing centers, after SB23-290 was signed in May 2023 (Colorado Natural Medicine Division). Oregon licenses psilocybin products and services under ORS 475A (Oregon Health Authority).
Even there, legalization is partial. Psilocybin and psilocyn remain in Schedule I of US federal law (eCFR, 21 CFR 1308.11). Medical access routes, such as Canada’s Special Access Program or Australia’s psychiatrist authority, are also not legalization; they are narrow exceptions inside a prohibition. Not legal advice.
General information, not legal advice.
Sources
- Health Canada: Magic mushrooms
- Colorado Natural Medicine Division: FAQ
- Oregon Health Authority: Oregon Psilocybin Services
- eCFR: 21 CFR 1308.11
Last checked .