As the world faces health and mental health crises, alternative treatments are attracting more and more attention, and psilocybin – the active ingredient found in magic truffles and mushrooms – is entering the scene as one of the most interesting players. The past few years have seen a fascinating process in which the boundaries between science and spirituality, medicine and recreation have begun to blur.
For years considered a dangerous substance, psilocybin is now gaining traction as a potential tool for treating depression, PTSD and addiction. With growing interest from scientists and doctors, and changes in legislative approaches in many countries, psilocybin is pushing the boundaries of old prejudices. Are we standing at the threshold of a revolution in psychiatry?
Recent initiatives to legalize psilocybin not only open the door to new medical possibilities, but also provoke a global discussion on the regulation of psychoactive substances and their place in society. With enthusiasm and hope, many advocates are looking forward to the possibility of legalizing psilocybin, which could revolutionize our approach to mental health. What is the current state of legislation in this area? Here’s a journey along the path of psilocybin legalization – from scientific discovery to social change.
From tradition to stigmatization
Psylocybin has been known to mankind for centuries. The substance has been used in tribal rituals almost all over the world. Due to its psychoactive properties, it has been used to put people into trance, enhance spiritual experiences and for therapeutic purposes. In pre-Columbian culture in Mesoamerica, magic mushrooms were used in religious rituals, as well as for healing the sick and communicating with a higher part of oneself.
After thousands of years of enjoying the benefits of psilocybin, the substance has been considered dangerous for more than 50 years. A not insignificant impact on changing perceptions of psychoactive substances was the huge rise in popularity of these substances in youth culture in the 1960s.
In response to the growing use of hallucinogens, the Controlled Substances Act was passed in the United States in 1970, which classified psilocybin as a Group I substance. It was thus considered a substance with a high potential for abuse, no legitimate medical use and potentially dangerous.
At the time, there were also concerns about possible negative health effects, such as the occurrence of psychotic episodes, perceptual disturbances or the risk of dangerous behavior under the influence of psychoactive substances. These factors contributed to the formation of a negative image of psilocybin as a dangerous drug.
In recent years, the subject of psilocybin has experienced a renaissance of scientific research that points to the substance’s therapeutic potential for treating various psychiatric disorders, which may influence a change in its perception in society and politics.
Research at universities such as Johns Hopkins is showing promising results in the therapeutic use of psilocybin, which is helping to change public perceptions of the substance.
In addition, there is growing talk of psilocybin’s potential as a tool for personal growth and spiritual liberation. Psychedelic conferences and festivals are gaining popularity, attracting crowds of enthusiasts, and education about psychedelics is becoming more widely available.
Legality of psilocybin in the world
Psilocybin has a diverse legal status around the world. In many countries, it is classified as a controlled substance, meaning that its possession, sale and use are prohibited. However, recent years have seen a shift in attitudes toward psilocybin, related to the growing interest in its potential therapeutic properties, particularly in the treatment of depression, anxiety and PTSD. Some US states, such as Oregon and Colorado, have taken steps to legalize psilocybin for therapeutic purposes.
In Europe, the situation is equally varied. In some countries, like the Netherlands, psilocybin is legal to some extent, while in others it is strictly restricted. In recent years, several countries, have been researching the use of psilocybin in therapy, which may influence future changes in its legal status. As scientific and public interest grows, the legal status of psilocybin is bound to develop and evolve.
Europe
- The Netherlands
Although psilocybin is classified as a banned substance, magic mushrooms were legal until 2008. Since December 2008, possession of both dried and fresh psilocybin mushrooms has been banned. The Dutch prosecutor’s office, The Openbaar Ministerie, announced that legal prosecution should be initiated for those in possession of 0.5 grams of dried or 5 grams of fresh psychoactive mushrooms. Possession of these small amounts is permitted and does not lead to criminal prosecution.
Currently, psilocybin truffles are sold, which are legal and have similar properties. As of September 2019, magic truffles are fully taxed and legalized.
- Other European countries
The legal status of psilocybin in Europe varies widely from country to country.
In Germany, France, Denmark, Sweden and the United Kingdom, psilocybin is considered a controlled substance, meaning that its possession, sale and production are illegal. However, in recent years there has been growing interest in researching its potential therapeutic use.
In the Czech Republic, psilocybin is not fully banned, and possession of small amounts of psilocybin mushrooms can be tolerated in practice. There are also studies on the use of psilocybin in therapy. In Spain and Austria, possession of psilocybin mushrooms in private spaces is not prosecuted, but their sale is illegal. There is also a trend toward research and decriminalization. In Portugal, all psychoactive substances have been decriminalized, meaning that possession of a small amount of psilocybin is not prosecuted, although its production and trade remain illegal.
Also in Switzerland, although psilocybin is technically illegal, there are loopholes in the laws regarding psychoactive mushrooms. Switzerland is conducting research on psilocybin, and some initiatives are proposing to decriminalize it.
It is worth noting that the legal status of psilocybin in Europe is dynamic and may change as a result of scientific research and evolving approaches to drug policy. The therapeutic benefits demonstrated by psilocybin research may influence future regulatory changes. Moreover, in many countries, despite the lack of legalization of psilocybin, cultivation kits and spores remain legal, as does the cultivation of mycelium, but not fruiting bodies.
To better illustrate the legal status of psilocybin around the world, I refer you to an interesting map whose creators track the changes and status of drug policy reform efforts around the world, with an emphasis on psychedelics.
North America
- United States
In 2020, Oregon became the first state to legalize psilocybin for therapeutic purposes. As of February 1, 2021, magic mushrooms were legalized for mental health treatment in supervised settings. The program, launched in 2023, allows professional therapists better access to psilocybin-assisted psychotherapy.
In 2022, Colorado also legalized psilocybin under the Mushroom Initiative program, allowing its use for therapeutic purposes.
- Canada
Mushroom spore kits are legal and can be freely purchased both in stores and online, as they do not contain psilocybin. Magic mushrooms are illegal to circulate, produce or possess without the proper permits, as they are Category III under the Controlled Substances Act. However, there are illegal online sources offering microdoses of these substances. A proposal for tougher action against the sale of magic mushrooms was rejected by Vancouver council in 2019. Work is underway to obtain permits for the use of psilocybin for medical and research purposes.
In 2020, the Canadian government approved the use of psilocybin as part of a program for terminally ill people, a step toward legalizing its medical use. In 2024, Canada made a significant move in the field of medical psychedelic drugs by granting a license for a pharmaceutical plant to Optima Health Corporation, a Vancouver-based startup. This license allows the company to export pills containing psilocybin and MDMA, to a supplier in Australia. The decision marks a milestone in Canada’s growing commitment to the pharmaceutical use of psychedelic compounds.
Australia
Although psilocybin remains illegal throughout Australia, in July 2023, the Australian Therapeutic Goods Administration (TGA) issued a decision to allow psilocybin to be dispensed under a therapeutic program for selected patients, which may indicate a change in attitude toward the substance. This change allows psilocybin to be used in appropriate clinical settings and under medical supervision.
South America
- Brazil
In Brazil, only psilocybin and psilocin are considered illegal substances, while the mushroom species themselves are not. According to the Federal Constitution, an activity must first be clearly defined as illegal by law. Therefore, psilocybin mushrooms cannot be considered illegal. There are also no available court rulings on the issue or information on individuals arrested for using, growing or possessing psilocybin mushrooms in the country. They are mainly offered for sale over the Internet on specialized sites without facing reprisals from the Brazilian police.
- Mexico
Psilocin and psilocybin are illegal under the 1984 Ley General de Salud, which explicitly defines psilocybin-containing mushrooms as regulated. However, these regulations are rarely, if ever, enforced against indigenous use. In addition, the Mexican government has taken the position that the wild occurrence of Psilocybe species is not considered drug production. Mushroom spores and growing kits in Mexico are legal and sold freely on the Internet. Various political parties have considered reclassifying psilocybin, which could allow scientific research. Psilocybin mushrooms are still used in traditional rituals, even though they are formally illegal.
Asia
- Japan
Prior to 2002, psilocybin mushrooms were widely available in Japan, with sales taking place in online and stationary stores spread throughout the country. In June 2002, Japan’s Ministry of Health, Labor and Welfare included psilocybin mushrooms on its list of controlled substances, likely in preparation for the World Cup and in response to numerous reports of poisoning due to their consumption. Currently, possession, production, trade, cultivation and use of psilocybin mushrooms are illegal in Japan. Mushroom spores remain legal, and there has also been a booming interest in psychedelic research in recent years.
- Indonesia
Psilocybin is a banned substance and classified as an illicit drug of the first category. There are severe penalties for its possession, cultivation or sale. Despite this, in Bali some cafes openly advertise mushrooms containing psilocybin.
New perspectives
The legality of psilocybin varies widely around the world, and is currently going through an important phase of transformation. As interest in scientific research and psychedelic medicine grows, more and more countries are making decisions to decriminalize the substance. The exploration of psilocybin’s therapeutic potential in the treatment of various mental disorders, such as depression, PTSD and anxiety, is contributing to a shift in public attitudes toward psychoactive substances as a whole.
Many researchers and activists stress that psilocybin can not only bring relief to patients struggling with mental health problems, but also transform our perception of mental health. Legislative changes could lead to greater acceptance of psilocybin’s therapeutic use, which in turn could encourage further research and popularization of these substances in the context of health and spirituality.
As we watch more and more countries recognize the positive aspects of psilocybin use, we may witness a leap in attitudes toward psychoactive substances and their impact on our lives and relationships with nature. It is possible that the coming changes in legislation and societal attitudes toward psychoactive substances will contribute to a reevaluation of our perception of health and the ways in which we can pursue personal growth and healing.
