The psychedelic medicine industry is moving towards mainstream acceptance and regulatory approval. Countries and cities worldwide are beginning to decriminalize and/or legalize psychedelics. So where are psychedelics legal? Where are psychedelics decriminalized?
To help navigate this evolving landscape, Microdose has put together a list to help you stay updated on where psychedelics are legal or decriminalized.
Note: This list combines both psychedelic legalization and decriminalization measures. To learn more about the differences, check out our explainer The Difference Between Psychedelic Legalization and Decriminalization.
Austria
While psychedelics are still illegal in Austria, in 2016 Austrian government decriminalized the possession of psilocybin mushrooms for personal consumption. Personal consumption has been decriminalized, and those caught with possession of personal amounts are given free therapy instead of criminal charges.
Australia
Australia made headlines in 2023 as it announced rescheduling of the psychedelics psilocybin and MDMA for therapeutic use. Starting in July 2023, the Therapeutic Goods Administration (TGA) will permit the prescribing of MDMA for the treatment of PTSD and psilocybin for treatment-resistant depression. These are the only conditions where there is currently sufficient evidence for potential benefits in certain patients.
Brazil
The use of certain psychedelic substances like Ayahuasca, a traditional indigenous brew, is legal and protected in Brazil due to its use in religious ceremonies. For psilocybin mushrooms, there are no direct regulations against the sale, distribution, or use, and no individual has faced any charges for psilocybin in many years (the psilocybin and psilocin molecule are illegal but the actual mushrooms are not). The majority of psilocybin sales happen over the internet.
Portugal
Portugal decriminalized all drugs in 2001, including psychedelics. Portugal’s law decriminalized the use and possession of small amounts of all narcotics for personal use, including all psychedelics. Anyone arrested with small amounts of narcotics are referred to government health services for evaluation and potential treatment, rather than being charged with a crime. Portugal was the first nation to decriminalize all narcotics across the board.
The Netherlands
Psilocybin mushrooms are illegal, but “magic truffles,” which contain the same active ingredients, are legal and widely available. Following the country’s cannabis model, the government does give out licenses for “smart shops”, retail locations that are allowed to sell magic truffles.
Peru and Ecuador
Similar to Brazil, Ayahuasca use is traditionally associated with religious and spiritual ceremonies and is generally accepted and legal.
Jamaica
While Jamaica doesn’t officially have a policy stating that magic mushrooms are legal, they are widely tolerated and openly used for therapeutic and ceremonial purposes.
The Bahamas
In the Bahamas, it is legal to possess and consume psilocybin mushrooms; however, their sale is illegal. Despite this, many businesses openly sell them without facing criminal consequences.
Spain
Spain operates under a model of decriminalization where drugs for personal use are generally tolerated, but manufacturing and selling them is illegal. Possession, production and distribution of psilocybin is illegal, but personal consumption is decriminalized.
British Virgin Islands
Mushrooms are legal to possess and consume mushrooms, but their sale is illegal. Despite this, many businesses openly sell mushrooms, making the illegality of mushroom sales unenforced throughout the country. There are retreats and attractions incorporating psilocybin use in the country.
Mexico
Mexico has a long history of ancestral use of psychedelics like psilocybin mushrooms and mescaline. Native communities have been using these psychedelics for centuries as part of traditional spiritual ceremonies. While psychedelics are illegal in Mexico, there is an informal decriminalization with ancestral communities openly using them within their communities and beyond.
Canada
Psilocybin and other psychedelics remain illegal as controlled substances under the Controlled Drugs and Substances Act. However there is growing pressure to allow patients access to psychedelics for medicinal uses, and the Canadian Minister of Health has granted some exemptions for the use of psilocybin therapy for end-of-life care to certain patients. New provisions in the Special Access Program (SAP) may increase access for patients and some retail locations are now selling psychedelics without facing severe criminal consequences.
Czechia
Psychedelics are still illegal in Czechia, however the possession of small quantities of psilocybin mushrooms for personal use have been decriminalized.
United States
While psychedelics are illegal on the federal level, some cities and states have moved towards decriminalization and legalization. Cities like Denver, San Francisco, and Oakland have decriminalized psilocybin, and states like Oregon have decriminalized and passed a measure to create a state-regulated medical psilocybin program.
