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Are magic mushrooms legal in Canada?

Illegal

No. Psilocybin mushrooms are illegal in Canada, and possession is a criminal offence.

Psilocybin and psilocin are Schedule III under the Controlled Drugs and Substances Act; possession carries up to 3 years on indictment and trafficking or production up to 10 years. The only legal route is a case-by-case ministerial exemption under section 56. The 2022 class exemption that supported psilocybin Special Access Program requests was revoked when the new Controlled Substances Regulations took effect on 1 October 2026.

Last verified against primary sources:

What is and is not allowed

Possession
Possession of a Schedule III substance is an offence under CDSA s.4(1) unless authorised under the regulations or a s.56 exemption.
Cultivation
Producing a Schedule III substance without authorisation is an offence under CDSA s.7(1).
Sale and supply
Trafficking or possession for the purpose of trafficking a Schedule III substance is an offence under CDSA s.5.
Penalties
Possession (s.4(6)): up to 3 years on indictment, or on summary conviction a first offence fine up to $1,000 and/or up to 6 months. Trafficking (s.5(3)(b)) and production (s.7(2)(c)): up to 10 years on indictment or up to 18 months on summary conviction.
Recent changes
The Controlled Substances Regulations (SOR/2025-242), published 17 December 2025, come into force on 1 October 2026 under s.239; Health Canada states the 2022 s.56(1) class exemption supporting psilocybin and MDMA Special Access Program activities is revoked when they take effect.

Governing law

Controlled Drugs and Substances Act (S.C. 1996, c. 19), Schedule III items 11 (psilocin) and 12 (psilocybin); Controlled Substances Regulations SOR/2025-242

Check before you act. This page is a reference, not legal advice. Drug law changes, and local rules can differ from national ones. Prohibited, with criminal penalties for possession. Read the primary source below before relying on it.

Common questions

Is psilocybin legal in Canada?

No. It is a Schedule III substance under the Controlled Drugs and Substances Act; possession, production and trafficking are offences.

Can a doctor get psilocybin for a patient?

Only case by case: the Minister can grant section 56 exemptions. The 2022 class exemption that supported Special Access Program requests was revoked when the new regulations took effect on 1 October 2026.

What about the mushroom dispensaries in Canadian cities?

They have no legal authorisation; selling psilocybin is trafficking, punishable by up to 10 years on indictment.

Sources

  1. [1]Controlled Drugs and Substances Act (S.C. 1996, c. 19)
  2. [2]Controlled Drugs and Substances Act, full text (current to 2026-09-21)
  3. [3]Controlled Substances Regulations SOR/2025-242, full text
  4. [4]Health Canada, s.56(1) class exemption for psilocybin and MDMA Special Access Program authorizations
  5. [5]Health Canada, Special Access Programs

Other places in North America

All jurisdictions