Are magic mushrooms legal in Mexico?
UnclearIt is unclear. The position in Mexico is contested, partly exempted or unevenly enforced; treat it as prohibited until you have read the primary source.
Psilocybin and 'hallucinogenic mushrooms of any botanical variety' are Group I psychotropics under Article 245 of the Ley General de Salud, and are not in the personal-use dose table of Article 479. Under the Código Penal Federal, possession carries 4 years to 7 years 6 months and trafficking 10 to 25 years, but Article 195 bis tells federal prosecutors not to act where mushrooms are presumed to be for ceremonies of Indigenous and Afro-Mexican communities recognised by their own authorities. Visitors attending ceremonies are not automatically covered.
Last verified against primary sources:
What is and is not allowed
- Possession
- Possession not for trafficking is a federal offence (CPF Art. 195 bis, 4 years to 7 years 6 months), but prosecutors will not act where peyote or hallucinogenic mushrooms are presumed to be for ceremonies, uses and customs of Indigenous and Afro-Mexican peoples recognised by their own authorities.
- Cultivation
- Sowing, cultivating or harvesting hallucinogenic mushrooms is an offence; CPF Art. 198 gives 1 to 6 years for farm workers of little education in extreme economic need, and otherwise up to two thirds of the Art. 194 penalty.
- Sale and supply
- Producing, transporting, trafficking, trading or supplying, even free of charge, is punishable by 10 to 25 years under CPF Art. 194.
- Penalties
- CPF Art. 194 (production, trafficking, supply): 10 to 25 years and 100 to 500 days' fine. Art. 195 (possession for those purposes): 5 to 15 years. Art. 195 bis (other possession): 4 years to 7 years 6 months and 50 to 150 days' fine.
- Recent changes
- 1 April 2024 reform of CPF Art. 195 bis(II) extended the ceremonial exemption to Afro-Mexican communities.
Governing law
Common questions
Are magic mushrooms legal in Mexico?
No. Psilocybin and hallucinogenic mushrooms are Group I psychotropics; the only carve-out is prosecutorial restraint for Indigenous and Afro-Mexican ceremonial use.
Can a tourist join a mushroom ceremony legally?
The exemption applies where the mushrooms are presumed to be for the ceremonies of recognised communities; it does not automatically protect outsiders carrying mushrooms.
Is there a personal-use allowance like for cannabis?
No. Psilocybin is not in the Article 479 table of maximum personal doses, so that tolerance does not apply.