Psilocybin in Canada: Where Things Stand

The legal picture around psilocybin in Canada is evolving, but it's not as simple as headlines sometimes suggest. Here's a plain-language overview of where things stand. It isn't legal advice, and laws and policies can change, so always check current sources.

The law

Psilocybin and psilocin, the active compounds in magic mushrooms, are controlled substances under Canada's Controlled Drugs and Substances Act (CDSA), listed in Schedule III. Without an authorization or exemption, possessing, selling, producing, importing or exporting them is illegal. Health Canada's own information page states plainly that the production, sale and possession of magic mushrooms are illegal in Canada.

Internationally, psilocybin has been controlled under the 1971 United Nations Convention on Psychotropic Substances, which shaped how many countries, including Canada, regulate it.

Section 56 exemptions

Section 56 of the CDSA lets the federal health minister grant exemptions for medical or scientific purposes, or when it's otherwise in the public interest. In August 2020, four Canadians with terminal illnesses became the first people in decades to receive exemptions to use psilocybin for end-of-life distress, after advocacy by the non-profit TheraPsil. More exemptions followed for patients and for some healthcare professionals in training. These are discretionary, case-by-case decisions.

The Special Access Program

Health Canada's Special Access Program (SAP) lets doctors request access to drugs that aren't approved for sale in Canada, for patients with serious or life-threatening conditions when conventional treatments have failed, are unsuitable or aren't available. In January 2022, regulatory amendments restored the ability of practitioners to request restricted drugs, including psilocybin, through the SAP. Each request is reviewed individually, and approval isn't guaranteed.

Clinical trials

Clinical trials are the main legal route for psilocybin research. Researchers in Canada and around the world are studying psilocybin for conditions like treatment-resistant depression, end-of-life distress and substance use disorders. Trials take place under strict protocols, with screening, medical supervision and trained therapists. As Health Canada notes, no psilocybin product has been approved for therapeutic use in Canada. For an overview of the landmark international studies, read our clinical research guide.

What about decriminalization?

You may hear about decriminalization efforts in some cities and in other countries. Decriminalization is not the same as legalization, and as of this writing, psilocybin remains a controlled substance under federal law across Canada. Local policies on enforcement priorities don't change the federal law.

A short timeline

• 1971: The UN Convention on Psychotropic Substances places psilocybin under strict international control.
• Since then: Psilocybin has remained a controlled substance in Canada, illegal without authorization.
• August 2020: Four Canadians with terminal illnesses receive section 56 exemptions to use psilocybin.
• Later in 2020 and since: Further exemptions are granted for some patients and healthcare professionals.
• January 2022: Amendments allow practitioners to request restricted drugs like psilocybin through the Special Access Program.
• Today: Clinical trials continue in Canada and abroad. No psilocybin product has been approved for sale.

What this means for you

• Psilocybin is not legal in Canada without an exemption or authorization.
• Legal medical access exists only through narrow pathways: clinical trials, the SAP and section 56 exemptions, each requiring a healthcare practitioner's involvement.
• You're responsible for knowing the laws where you live and for making informed choices.
• If you're interested in medical access, talk to your doctor about whether a clinical trial or SAP request could be appropriate.

Learn more

Read What Are Magic Mushrooms?, our safety guide, and the story of how psilocybin reached the West in our history post. You must be 19 or older to shop with us.

Sources

• Controlled Drugs and Substances Act, Justice Laws Website
• Psilocybin and psilocin (magic mushrooms), Health Canada
• Notice to stakeholders: Requests to the Special Access Program involving psychedelic-assisted psychotherapy, Health Canada
• Health Canada finally restores access to psychedelics, Fasken (2022)
• Four palliative Canadians approved for psilocybin therapy through section 56(1), TheraPsil

This guide is general information, not medical or legal advice. If you have health questions, talk to a health professional.