Are Magic Mushrooms Legal in Canada?

Are Magic Mushrooms Legal in Canada? 1
are shrooms legal in canada
Bloomberg

For years, it’s always been debated whether to legalize natural drugs such as cannabis and magic mushrooms in Canada. However, recent studies have highlighted the significance of psilocybin as medically applicable against many illnesses, and more than ever, people are searching for natural alternatives. Advocates are pushing lawmakers to reconsider the legal status and use of psilocybin.

Are Shrooms Legal in Canada?

Nevertheless, the legal status of magic mushrooms is still a big question mark, especially with a lot of confusion stemming from the growing number of physical and online dispensaries available. 

In Canada, the law states that magic mushrooms remain an illegal substance. Possession also remains against the law, but it is unlikely to be enforced on recreational users.

That doesn’t mean you can’t find what you’re looking for! It’s pretty easy to get mail-order shrooms in Canada.

This article examines the substance’s legality and the law surrounding the magic fungi’s future.

What Is The Legal Status of Shrooms in Canada?

Under the Controlled Drugs and Substances Act (CDSA) set forth by the Federal government, buying, selling, and possessing psychedelic mushrooms is illegal in Canada. However, growing and consuming psilocybin mushrooms has recently been decriminalized as more people have started using them. For example, there are many dispensaries to buy magic mushrooms in Toronto.

Officially, since it is a controlled substance, those caught in possession of psilocybin mushrooms can face up to 6 months in jail or a $1,000 fine, and in some cases, both penalties can be applied.[1] 

However, as long as other more harmful substances are an issue to the general public, authorities are unlikely to enforce these punishments on recreational users who aren’t causing any problems.

Under section 56, exceptions can be made if psilocybin is required for medical studies and trials. However, this can take a lot of paperwork and can easily be denied, making it hard for those who legally want to consume the substance.

The drug not only has to fight in the courts; extensive experimental results will be required for the Ministry of Health in Canada to accept the legitimacy of psilocybin’s positive effects. 

Psilocybin and microdosing have become popular in North America and many parts of Europe, with many European countries legalizing the fungi. In addition, the US Food and Drug Administration claims that substantial medical grounds for this drug should be acknowledged by the FDA and drug development process[2]. Therefore, there’s still hope it could be approved for medical purposes.

Is Psilocybin Legal in Canada?

Psilocybin is prohibited under Schedule III of Canada’s Controlled Drugs and Substances Act.

Psilocybin, the hallucinogenic compound found in magic mushrooms, needs proper authorization to purchase and manufacture this drug. Unfortunately, it is only authorized by certain provinces, such as British Columbia, for research purposes or clinical trials under Part J of the Food and Drug regulation, which means those consuming from a dealer or online dispensary are doing so at potential risk.

It depends on the narrative it’s being consumed. Is it legal to buy shrooms online? Again, officially, Psilocybin is not legal in Canada. Most authorities won’t apply this policy; it is only permitted if Health Canada has granted it. Under Section 56, there are exemptions for medical purposes. Though Psilocybin is sold online as well as in some shops throughout Canada, it remains illegal everywhere else in Canada besides Vancouver for therapeutic use and psychotherapy. The proposed ban does not change the legal status of psilocybin in the province.

Are Shrooms Decriminalized in Canada?

Federally, shrooms are not decriminalized, but certain provinces have made exceptions. Magic mushrooms are basically decriminalized in Ontario and BC (although not directly stated in the documents, it should be included with MDMA).

Decriminialed means if you are in possession of psilocybin products in Canada, you likely won’t face any criminal charges, although it probably depends on where you are.

Generally, shrooms’ recreational use is not considered a criminal activity.

Are Magic Mushrooms Legal in Ontario?

Magic mushrooms are not legal in Ontario but are openly sold in many cities due to the push from advocate groups to provide psychedelics for sale in Canada despite regulations.

Magic mushrooms are prohibited under Schedule III of the CDSA in Canada. Still, recent headlines have stated that the leadership is leaving the policing of these operations to the local provinces.

So far, Ontario seems to have bigger fish to fry and is somewhat allowing illegal dispensaries to operate in Toronto, Ottawa and other cities. This also applies to grow kits, as it’s legal to grow shrooms in Ontario, just like anywhere else in Canada.

Are microdose mushroom capsules legal in Canada?

Activities involving magic mushrooms or any active ingredient, such as psilocybin or psilocin, including sales and production under the CDSA, are prohibited. This includes microdosing capsules.

Fortunately, psilocybin use is not looked upon strictly. Access to psilocybin is pretty simple in Canada; they are openly sold in Vancouver in many dispensaries.

Are Mushroom Grow Kits Legal?

What’s surprising is that although purchasing dried or fresh magic mushrooms in Canada is illegal, you can buy growing kits and spores through online dispensaries and even have the goods delivered straight to your doorstep. You can also get spore kits at any magic mushroom dispensary.

Interestingly, once your mycelium starts to sprout, the legal status of the commodity changes drastically. It now becomes illegal, and you should ensure that you don’t end up with criminal charges. 

Will Psilocybin Mushrooms Be Controlled Substances in The Future?

With the changes in the legal status of Cannabis in Canada, it is not unlikely that psilocybin will become legal. Psilocybin dispensaries online are widely standard now and make purchasing the substance available to all regions of Canada. 

Dana Larsen, a psychedelic drugs advocate, is working and providing the drug in minute quantities (known as microdosing) to Canadians. The motive is to provide curing medication to people rather than sending them on a magic mushroom high. His research has provided evidence to Health Canada that people do not feel physical withdrawal or psychological dependence symptoms after consuming magic mushrooms. This is a positive sign for the future of legal magic mushrooms in Canada [3]. Larsen’s Dispensary also operates in downtown Vancouver, but he has yet to receive a business licence from the city. His mushroom dispensary operates under a grey area, and the Drugs Act can be enforced on him anytime, but it hasn’t been.

In addition, various political and legal movements broke out in Canada. They stood up against preventing the sale of magic mushrooms, but the Federal government denied all the petitions. We consider this a positive sign to remove psilocybin as a controlled substance. 

One such motion was seen in September 2019 at the Vancouver City Council. Many speakers presented points in favour of psilocybin. They argued that drug prohibition and criminal enforcement regarding drug cases considerably burden the country’s financial resources. Speakers mentioned this and the benefits of taking psilocybin for depression and anxiety.

Just like marijuana, the groundwork for legalization has been started. Since cannabis has been legalized, the government has benefited from its sales. Also, financial resources for controlling marijuana possession and usage have been eliminated.

The Benefits and Risks of Making Magic Mushrooms Legal

It is impossible to ignore the fact that everything has its perks and disadvantages. The same is the case with magic mushrooms. According to various studies, it’s evident that psilocybin is excellent for treating issues like anxiety and depression. The effects of taking mushrooms include:

  • Open-mindedness
  • Feelings of happiness and euphoria
  • Positive emotions
  • A loss of ego and a willingness to connect with your environment

What mental health disorders do psilocybin mushrooms help with?

Medical use of psychedelic mushrooms has advanced. Medical psilocybin can be beneficial for multiple mental health conditions, such as;

  • Cluster headaches
  • Reduced anxiety during life-threatening conditions, terminal illness and palliative care patients
  • Obsessive Compulsive Disorder
  • Post Traumatic Stress Disorder

Magic mushrooms affect the “functional connectivity” of the brain, stimulating many hormones and uplifting the emotional responsiveness region of the brain. [4]

However, there are various side effects, both mental and physical, that cause lawmakers to worry. Some of these include:

  • Mood swings
  • Paranoia and panic
  • Increased heart rate and blood pressure 
  • Vomiting and nausea
  • Chills and sometimes scary hallucinations

Another risk associated with magic mushrooms is that the studies have failed to evaluate their long-term effects. However, there is also a lack of evidence that magic mushrooms cause physical or psychological dependence. But, like all other psychedelics, frequent use may make you tolerant of a certain dosage level. [3]

What Does the Controlled Drugs & Substances Act Say?

Currently, there are no approved therapeutic products or medicines containing psilocybin in Canada. However, if made legal, the Canadian authorities could educate people about these psilocybe mushrooms’ use, dosage, intake, and medical implications (like we’ve seen in cannabis). This will help people understand the optimal quantity to achieve positive effects.

In addition, the government can also regulate the source of these drugs for the betterment of society, public health, and individuals.

Other countries, such as the United States, have areas where psilocybin is legal. Denver, Oakland, and Santa Cruz have legalized the buying, using, and growing of magic mushrooms. This does not apply country-wide, though.

Similarly, in Vancouver, British Columbia, many magic mushroom dispensaries operate where psilocybin is openly sold.

Are there any legal psychedelics in Canada?

Not right now; all psychedelics are illegal in Canada unless used by health professionals and patients in controlled environments. Psychedelics for personal use remain illegal. Personal possession of psychedelics is also illegal.

It remains illegal for physicians and researchers at Health Canada unless health authorities are authorized to administer or give special medical assistance to patients requiring therapeutic use.

The only legal psychedelic is Ketamine, which can only be used in veterinary medicine; human consumption remains illegal.

The Drugs Act states the following are controlled substances and illegal for personal use;

  • Psilocybin
  • MDMA
  • Ketamine
  • Mescaline (Peyote)
  • Ayahuasca

Ironically, these substances can also be found at mushroom dispensaries, although the personal possession of any of them is illegal.

Is psychedelic therapy legal in Canada?

Health Canada has approved Psilocybin and other psychedelics for use in psychedelic therapy. Clinical research has shown many potential benefits of psilocybin therapy for mental health conditions.

Researchers can also use psychedelics to conduct research with patients under special exemption. The medicinal use of psychedelics provides additional treatment options for those who may respond well.

Patients suffering from several conditions in British Columbia and Ontario can seek Psilocybin-assisted psychotherapy. How to find psychedelics? To be eligible for Psilocybin-assisted therapy, individuals must fill out a medical form indicating their condition to request access to psilocybin.

Conclusion

The above information indicates that the future of psilocybin drugs in Canada is very bright and promising. Numerous illegal dispensaries operate in Canada, although they still technically break the law. Health Canada is now also beginning to acknowledge the substance’s medical benefits; however, there’s still a while before anything concrete and law-changing occurs. 

Also Read:

[1] https://qz.com/1693840/is-canada-constitutionally-required-to-legalize-magic-mushrooms/[3]https://www.canada.ca/en/health-canada/services/substance-use/controlled-illegal-drugs/magic-mushrooms.html

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