Psilocybin Mushrooms

Are Magic Mushrooms Legal in Canada?

What is psilocybin?

The hallucinogenic compound psilocybin is present in a number of fungi that are sometimes referred to as “magic mushrooms,” “psilocybin mushrooms,” or “shrooms.” Psilocybin is often taken orally, where it induces a psychedelic experience that can last for many hours and cause hallucinations, drastic changes in perception, and improved pattern recognition.

Is psilocybin legal in Canada?

Technically, no. Although psilocybin is readily marketed online and even in some Canadian cities, including Vancouver and the whole of British Columbia, it is still banned everywhere in Canada. As was the case with cannabis not too long ago, it is now legal everywhere in Canada, and hopefully soon that will be the case with psilocybin. 

A Little Bit of History on Psilocybin Laws in Canada

In the case of R. v. Parnell, the British Columbia Court of Appeal determined that the Act, which expressly forbade the chemical psilocybin, did not violate the law simply by allowing the simple possession of mushrooms containing the substance. It came to this conclusion, in part, by contrasting the wording of the Food and Drugs Act’s controlled substance prohibitions with the Narcotic Control Act’s prohibitions, noting that the latter specifically forbade “anything that contains [the] substance.” Contrarily,  the wording of the Food and Drugs Act just forbade the substance. In R. v. Cartier, the Court of Appeal for Alberta shared this opinion (1980). As long as they were kept in their “natural state,” this basically made it lawful to possess psilocybin mushrooms in  Canada.

In 1982, the Supreme Court of Canada in R. V. Dunn overturned this stance, re-classifying psilocybin as a drug in both its natural and synthetic forms. 

Present Situation

Even though it is illegal to possess, grow, and sell psilocybin throughout Canada (with the exception of when it is used in accordance with an exemption), inconsistent enforcement of the law, particularly in Vancouver and the rest of British Columbia, causes many people to believe that psilocybin is legal in Canada or in some Canadian provinces. 

Although psilocybin spores are readily sold in stores across Canada and widely believed to be legal, this could simply be a case of non-enforcement rather than a real legal loophole. The truth of the matter is, that when it comes to how a nation views a substance, it’s always a very grey area. As time passes and more and more studies and research are conducted on these natural substances, more and more of their benefits are discovered, and eventually, they become decriminalized, just like what happened recently with cannabis. It’s more of a matter of our governments playing catchup with what science and the people already know. 

Therapeutic or Medical Use?

According to scientific research, using psilocybin under the right circumstances may help people deal with psychological problems like addiction, anxiety, despair, and obsessive-compulsive disorder.

Through the use of s.56 exemptions from the Controlled Drugs and Substances Act, Health Canada started allowing a select group of people to legally access psilocybin for therapeutic purposes in 2020. For the first time since psilocybin was made illegal in Canada in the 1970s, non-study volunteers had legal access to the drug.

Health Canada changed the rules governing the Special Access Program in January 2022 (SAP). In cases where existing treatments are ineffective, inappropriate, or not available in Canada for individuals with serious or life-threatening diseases, the new regulations permit medical providers to order psilocybin.

Canada’s Big Case

Cluster headache, opioid use disorder, and terminal cancer patients launched a lawsuit against the federal government of Canada in July 2022, claiming that constitutional law requires increased accessibility to psilocybin-assisted therapy for those who would significantly benefit from therapeutic use.

The complaint, which was filed in late July, demands that the Canadian federal government ease restrictions on medical patients’ access to psilocybin, claiming that the restrictions now in place are unconstitutional. TheraPsil, a Victoria-based nonprofit that helps patients access psychedelic drugs through Canada’s current bureaucratic process of applying, one patient at a time, for government approval, helped put the lawsuit together on behalf of eight people with conditions like depression, cancer, and chronic pain.

The case won’t go to trial for another year or so, but if it is successful, Canada may be forced to create a medical psilocybin regulatory system that is comparable to the one it developed for medical marijuana in 2001. And, similar to Canada’s early legalization of medical marijuana, it might portend more widespread access in the US and elsewhere.

Given Canada’s proximity to the significant and powerful US market and the spread of marijuana across North America, some people have great hopes for the country’s psilocybin lawsuit.

How Can I Get Magic Mushrooms?

Despite the current legal stance on psilocybin mushrooms, you can find them in many stores across Canada and order them very easily from online dispensaries. There are hundreds of shroom dispensaries across Canada as well as in the U.S where they are now legal in several states. Online shroom dispensaries offer very reasonable prices for great quality products and offer a variety of options. We offer dried shrooms that can be ingested as they are or made into magic mushroom tea. We also offer a plethora of delicious shroom edibles which are carefully measured into specific dosages to meet your needs- whether that be for microdosing for therapeutic benefits, or if you’re looking for a full psychedelic experience. From psilocybin-infused gummies to chocolate bars, cocoa powder mixes to drink mixes, and even teas, we have what you’re looking for. 

As always, we at Get Magic Mushrooms always recommend our customers do as much research as possible beforehand in order to find exactly what they’re looking for and to know what to expect from the shroom experience. Ordering the right shroom and getting just the right amount can make all the difference in the world and give you the most therapeutic and spiritual experience of your life while improving the quality of your life in so many ways. Some benefits are improved mood, energy, focus, and problem-solving abilities. If you suffer from depression, addiction to cigarettes or other substances, or even obsessive-compulsive disorder, shrooms might be a good option for you. 

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June 2024