Skip to content
FungodexCalm mode

Are magic mushrooms legal in Brazil?

Unclear

It is unclear. The position in Brazil is contested, partly exempted or unevenly enforced; treat it as prohibited until you have read the primary source.

Brazil names psilocybin and psilocin as prohibited psychotropic substances (ANVISA List F2), but the mushrooms themselves are not on List E, the list of banned plants and fungi. The resulting position is a grey area with no legal safe harbour, and trafficking under Lei 11.343 carries 5 to 15 years. Personal-use possession of drugs attracts non-custodial measures.

Last verified against primary sources:

What is and is not allowed

Possession
Psilocybin and psilocin are prohibited List F2 substances; possession of drugs for personal use under Lei 11.343 art. 28 is punished with warnings, community service or education measures rather than prison.
Penalties
Lei 11.343 art. 33 (trafficking): 5 to 15 years' imprisonment and 500 to 1,500 day-fines. Art. 28 (personal use): warning, community service or educational measures, for up to 5 months (10 months for repeat offences).
Recent changes
The November 2025 consolidated ANVISA list (RDC 999/2025) names psilocibina and psilocina in F2 and lists no fungi in List E.

Governing law

ANVISA Portaria SVS/MS 344/1998, Annex I (List F2 psilocibina and psilocina; List E does not include fungi containing them); Lei 11.343/2006

Check before you act. This page is a reference, not legal advice. Drug law changes, and local rules can differ from national ones. Contested, exempted in part, or unevenly enforced. Read the primary source below before relying on it.

Common questions

Are magic mushrooms legal in Brazil?

It is a grey area. Psilocybin and psilocin are prohibited substances, but the mushrooms are not on ANVISA's list of banned plants and fungi.

What happens if I am caught with a personal amount?

Personal-use possession of drugs is punished with a warning, community service or an educational measure, not prison. Trafficking carries 5 to 15 years.

All jurisdictions