Jurisdictions
Legal status by country
Is peyote legal?
Peyote is a Schedule I controlled substance under US federal law, so for almost everyone it is illegal to possess or sell. The one federal exception is religious: 42 U.S.C. 1996a makes the use, possession and transport of peyote by an Indian for bona fide traditional ceremonial purposes, in connection with a traditional Indian religion, lawful, and bars both the United States and the states from prohibiting it.
- Is peyote legal in the United States?
- Not for the general public. Peyote and mescaline are both listed in Schedule I of the federal Controlled Substances Act. The exception is 42 U.S.C. 1996a, added by the American Indian Religious Freedom Act Amendments of 1994, which makes the use, possession and transport of peyote by an Indian for bona fide traditional ceremonial purposes in connection with the practice of a traditional Indian religion lawful, and prevents the federal government and the states from prohibiting it.
- Who does the religious exemption cover?
- The statute defines an Indian as a member of an Indian tribe that is federally recognised. Separately, the DEA regulation at 21 CFR 1307.31 says the Schedule I listing of peyote does not apply to its non-drug use in bona fide religious ceremonies of the Native American Church. Whether a particular person or ceremony falls within either provision is a question for a lawyer, not for this page.
- Is peyote legal in Colorado?
- No. Colorado's Natural Medicine Health Act, as amended by SB23-290, defines mescaline so that it "does not include peyote", meaning Lophophora williamsii, so the state's natural medicine framework does not cover it. Federal law, including the 42 U.S.C. 1996a exemption, still applies in Colorado.
This is a summary of the statutes, not legal advice. Laws change and enforcement differs from statute, so confirm with a qualified lawyer where you are before you act on it.
The map is not intuitive. Psilocybin is licensed in Oregon, unscheduled in Jamaica, decriminalised for personal possession but not supply in Portugal, prescribed only by authorised psychiatrists in Australia, and illegal but tolerated in practice in Costa Rica, Mexico and Portugal, and it changes. Check before you travel, not after.
35 entries
| Jurisdiction | Substance | Status |
|---|---|---|
| Australia Schedule 8 since 1 July 2023 for treatment-resistant depression, prescribed by TGA-authorised psychiatrists only. Cited sources | Psilocybin | Medical only |
| Brazil Religious ritual use only under CONAD Resolution 1/2010, which bars sale and asks entities to avoid tourist packages. Cited sources | Ayahuasca | Religious use only |
| Brazil Psilocybin and psilocin are on Anvisa List F2; police arrested a facilitator running paid psilocybin rituals in Goiania in 2024. Cited sources | Psilocybin | Prohibited |
| Canada Illegal unless Health Canada authorises it; Special Access Program requests are case by case, per patient. Cited sources | Psilocybin | Medical only |
| Colombia No law permits or prohibits yage; Indigenous traditional use has cultural recognition. No framework for retreats. Cited sources | Ayahuasca | Ambiguous |
| Costa Rica Law 8204 controls DMT but does not name ayahuasca. The Health Ministry warned on 27 January 2025 that ayahuasca products are not authorised for therapeutic use. Cited sources | Ayahuasca | Ambiguous |
| Costa Rica The Health Ministry warned on 27 January 2025 that ibogaine products lack sanitary registration and are not authorised for therapeutic use. Cited sources | Ibogaine | Ambiguous |
| Costa Rica Psilocybin and psilocin are on the national Lista I; Law 8204 sets 8 to 15 years for unauthorised supply. Retreats operate openly and we found no reported prosecution of one (search of 4 October 2026). Cited sources | Psilocybin | Illegal but tolerated in practice |
| Czech Republic From 1 January 2026, psilocybin treatment for specified depression indications, prescribed by a psychiatrist in a healthcare facility. Cited sources | Psilocybin | Medical only |
| Ecuador No primary source names ayahuasca; the Constitution protects ancestral medicine in general terms. Cited sources | Ayahuasca | Ambiguous |
| Germany A compassionate-use programme (BfArM, July 2025) at two clinics for treatment-resistant depression. Cited sources | Psilocybin | Medical only |
| International The 1971 Convention controls DMT, psilocybin and mescaline as substances, but no plants or plant decoctions (INCB 2010, para 284). Governments may control them nationally. Cited sources | Psychedelic plants | Unscheduled |
| Jamaica Not listed in the Dangerous Drugs Act; no licensing regime, and no psilocybin product is approved. Cited sources | Psilocybin | Unscheduled |
| Mexico Ley General de Salud art. 245 group I lists DMT. Cited sources | DMT | Scheduled (controlled) |
| Mexico Not listed in the Ley General de Salud (arts. 234, 245); no ibogaine-specific regulation. Unregulated, not approved. Cited sources | Ibogaine | Unregulated |
| Mexico Ley General de Salud art. 245 group I lists mescaline, naming peyote (Lophophora williamsii). Cited sources | Peyote | Scheduled (controlled) |
| Mexico Ley General de Salud art. 245 group I lists psilocybin, naming hallucinogenic mushrooms. Retreats operate openly and we found no reported prosecution of one (search of 4 October 2026); ayahuasca ceremony leaders have been prosecuted under the same schedule. Cited sources | Psilocybin | Illegal but tolerated in practice |
| Netherlands Fresh and dried mushrooms on Opium Act List II since 1 December 2008. Cited sources | Psilocybin mushrooms | Prohibited |
| Netherlands Fresh truffles (sclerotia) are not on Opium Act List II; dried truffles are treated as prohibited. Cited sources | Psilocybin truffles | Unscheduled |
| Peru Traditional use declared national cultural heritage (2008). No licensing regime for retreats. Cited sources | Ayahuasca | Unregulated |
| Peru Psilocybin and psilocin are on Lista IB of the controlled-substance annex; too little evidence of retreats operating openly to assess tolerance. Cited sources | Psilocybin | Prohibited |
| Portugal Possession for personal use is an administrative offence (Law 30/2000); producing or selling mushrooms is trafficking. Retreats operate openly and we found no reported prosecution of one (search of 4 October 2026). Cited sources | Psilocybin | Illegal but tolerated in practice |
| Spain Madrid High Court (316/2025) held ayahuasca as such is not a listed substance; the Supreme Court has not ruled, and DMT stays controlled. Cited sources | Ayahuasca | Ambiguous |
| Spain Controlled; police have arrested organisers of paid psychedelic rituals and retreats, including a 2022 case where the advertised substances included hallucinogenic mushrooms. Cited sources | Psilocybin | Prohibited |
| The Bahamas The Dangerous Drugs Act applies to substances in the 1971 Convention schedules; police raided an advertised psilocybin retreat in August 2024. Cited sources | Psilocybin | Ambiguous |
| United Kingdom Any fungus containing psilocin is Class A under the Misuse of Drugs Act 1971; supply is prosecuted. Cited sources | Psilocybin | Prohibited |
| United States Schedule I under 21 U.S.C. 812. Cited sources | DMT | Scheduled (controlled) |
| United States Schedule I under 21 U.S.C. 812. Cited sources | Ibogaine | Scheduled (controlled) |
| United States Schedule I, with a federal exemption for traditional ceremonial use by Indians (42 U.S.C. 1996a) and the Native American Church (21 CFR 1307.31). Cited sources | Peyote | Prohibited |
| United States Schedule I under 21 U.S.C. 812. State licensing (Oregon, Colorado) does not change federal law. Cited sources | Psilocybin | Scheduled (controlled) |
| United States · Colorado Excluded by statute: under SB23-290 "'Mescaline' does not include peyote". Federal Schedule I applies. Cited sources | Peyote | Scheduled (controlled) |
| United States · Colorado Licensed healing centres under the Natural Medicine Health Act as amended by SB23-290, for adults 21 and over. Cited sources | Psilocybin | Licensed |
| United States · New Mexico Medical Psilocybin Act (SB 219, 2025): a medical program for qualified conditions, not adult use or retreats. Cited sources | Psilocybin | Medical only |
| United States · Oregon Licensed service centres under ORS 475A for adults 21 and over; use only on site with a facilitator. Cited sources | Psilocybin | Licensed |
| United States · Texas SB 2308 (2025) funds FDA clinical trials; it does not legalise treatment. Federal Schedule I. Cited sources | Ibogaine | Prohibited |
Recent law changes
Dated changes to the law, regulation or official guidance in the places this site covers, newest first. Each one restates a cited fact from our legal sources, with the date the source gives; none is added without a citation. Log reviewed 4 Oct 2026. Atom feed.
Costa RicaRegulation
The Ministry of Health published an updated list of substances under national control, under Reglamento 45161-S. Psilocybin and psilocin remain on Lista I of psychotropic substances, as in the October 2022 edition. (Ministerio de Salud de Costa Rica, Direccion de Drogas y Estupefacientes, 10 Sep 2026)
Czech RepublicLaw
Act No. 270/2025 Coll. took effect. It permits psilocybin treatment prescribed by a psychiatrist in healthcare facilities, for depression associated with cancer, severe non-psychotic depression or life-threatening neuropsychiatric deterioration, after standard medicines have failed. Retreat and recreational use remain illegal. (Czech Psychiatric Society, current page; AFP / France 24, 2025)
GermanyRegulation
The Central Institute of Mental Health (Mannheim) announced that BfArM had approved a compassionate-use programme: individual adults with treatment-resistant depression can be treated with psilocybin at CIMH Mannheim and the OVID Clinic Berlin, only in justified exceptional cases. It is not a retreat pathway. (Central Institute of Mental Health (ZI) Mannheim, 31 Jul 2025)
SpainCourt ruling
The Madrid High Court (TSJM ruling 316/2025), the first higher-court decision on ayahuasca in Spain, upheld an acquittal and found that ayahuasca as a complex plant preparation is not individually listed or explicitly prohibited. It binds only within Madrid; the Supreme Court has not ruled, and DMT remains controlled. (ICEERS, 29 Jul 2025)
New MexicoLaw
The Medical Psilocybin Act (SB 219), signed in April 2025, took effect. It creates a medical program for qualifying conditions; the Department of Health gives a target implementation date of 31 December 2026 and the statute requires the program by 31 December 2027. It is not an adult-use or retreat framework. (New Mexico Legislature, 2025; New Mexico Department of Health, current page)
TexasLaw
SB 2308 took effect, establishing a consortium to conduct FDA drug-development clinical trials with ibogaine. It does not legalise ibogaine treatment, which remains Schedule I under federal law. (Texas Legislature Online, 11 Jun 2025)
ColoradoRegulation
The Department of Revenue's Natural Medicine Division issued Colorado's first healing center licence, to The Center Origin. Operating also depends on local approvals and on licensed cultivation and testing. (Colorado Department of Revenue, Natural Medicine Division, 2 Apr 2025)
Costa RicaOfficial guidance
The Ministerio de Salud issued a health warning: ayahuasca and ibogaine products lack sanitary registration and are not authorised for therapeutic use, DMT is on the international and national lists of controlled substances, and any ayahuasca or ibogaine product must comply with national control and registration rules. It advised against advertising them. (Ministerio de Salud de Costa Rica, 27 Jan 2025)
20 earlier changes
MexicoCourt ruling
The First Chamber of the Supreme Court (Amparo en Revision 179/2024, unanimous) denied an amparo seeking authorisation for personal recreational use of psilocybin and held the Ley General de Salud provisions that prohibit it (arts. 245 fr. I, 247, 248 and 249) constitutional. (Suprema Corte de Justicia de la Nacion, 13 Nov 2024)
OregonBallot
Local bans on psilocybin businesses passed in 16 of the 17 Oregon places that voted on them in the November 2024 election. (OPB, 7 Nov 2024)
JamaicaOfficial guidance
The Ministry of Health and Wellness said it has not approved psilocybin mushroom products for use on the Jamaican market and warned that they can be dangerous to health. Psilocybin mushrooms remain unlisted in the Dangerous Drugs Act. (Jamaica Gleaner, 24 Aug 2024)
MexicoLaw
Article 195 bis fraction II of the Federal Penal Code was reformed. The text in force bars federal prosecution for possession of peyote or hallucinogenic mushrooms for the ceremonies of Indigenous and Afro-Mexican communities recognised by their own authorities. It does not authorise supply or retreats for visitors. (Camara de Diputados del H. Congreso de la Union, 13 Mar 2026)
BahamasRegulation
The Dangerous Drugs (Application) Order, 2024 applies Part IV of the Dangerous Drugs Act to the drugs in the schedules of the 1961 Single Convention and the 1971 Psychotropic Convention, which include psilocybine. (Office of the Attorney General, The Bahamas, 2024)
AustraliaRegulation
Psilocybine for treatment-resistant depression became a Schedule 8 medicine in the Poisons Standard, prescribable only by psychiatrists authorised by the TGA under the Authorised Prescriber scheme, with ethics committee approval. (Therapeutic Goods Administration, 2023)
ColoradoLaw
SB23-290 (Natural Medicine Regulation and Legalization) was signed. It sets up licensing of facilitators (Department of Regulatory Agencies) and natural medicine businesses (Department of Revenue), limits 'natural medicine' to psilocybin and psilocyn unless regulators add DMT, mescaline or ibogaine on or after 1 June 2026, and expressly excludes peyote. (Colorado General Assembly, 23 May 2023; Colorado General Assembly, 23 May 2023)
CanadaOfficial guidance
Health Canada published a notice describing Special Access Program requests involving psychedelic-assisted psychotherapy as case-by-case and patient-specific, with the drug used in the practitioner's presence. (Health Canada, 27 Feb 2023)
OregonRegulation
The Oregon Health Authority opened licence applications for psilocybin service centers, facilitators, manufacturers and laboratories under OAR chapter 333, division 333. Licensed service centers began opening to clients in summer 2023. (Oregon Health Authority, current page)
ColoradoBallot
Voters approved Proposition 122, the Natural Medicine Health Act, which added Article 170 to Title 12 of the Colorado Revised Statutes. (Colorado Secretary of State, 2022)
OregonBallot
Under ORS 475A.718 local opt-outs, 25 counties and 26 cities banned psilocybin businesses at the November 2022 election, as OPB reported. (Oregon Health Authority, current page; OPB, 7 Nov 2024)
CanadaRegulation
Amendments (SOR/2021-271) came into force letting practitioners request restricted drugs such as psilocybin through the Special Access Program for patients with serious or life-threatening conditions. (Canada Gazette Part II, 5 Jan 2022)
JamaicaOfficial guidance
The Jamaica Information Service quoted Agriculture Minister Floyd Green saying psilocybin was never made illegal in Jamaica and that it is legal to grow it, with interim protocols routing participants through the Plant Quarantine Division. (Jamaica Information Service, 18 Jul 2021)
OregonBallot
Voters approved Ballot Measure 109, codified as ORS 475A, directing the Oregon Health Authority to license and regulate psilocybin products and psilocybin services. (Oregon State Legislature, current edition)
NetherlandsOfficial guidance
Answering parliamentary questions, Health Minister Schippers wrote that psychedelic truffles (sclerotia) do not fall under the Opium Act, and that this was known when mushrooms were placed on List II in 2008. (Overheid.nl Officiele bekendmakingen, 28 Dec 2011)
BrazilRegulation
CONAD Resolution No. 1/2010 restricted the ayahuasca tea to religious rituals, prohibited its sale, asked entities to avoid tourist packages, and said therapeutic use outside a religious context is not recognised. (Ministerio da Justica e Seguranca Publica / Diario Oficial da Uniao, 25 Jan 2010)
NetherlandsLaw
The Decree of 17 November 2008 (Staatsblad 2008, 486) came into force, adding hallucinogenic mushrooms, fresh or dried, to List II of the Opium Act. Truffles (sclerotia) are not covered. (Overheid.nl Officiele bekendmakingen, 17 Nov 2008)
PeruRegulation
The National Institute of Culture (Resolucion Directoral Nacional No. 836/INC) declared the traditional knowledge and uses of ayahuasca by native Amazonian communities Cultural Heritage of the Nation. It protects traditional use and does not license retreats. (Agencia Peruana de Noticias Andina, 12 Jul 2008)
PortugalLaw
Lei n.o 30/2000 made consumption, acquisition and possession for personal use of controlled substances an administrative offence rather than a crime. Supply remains drug trafficking. (Diario da Republica, I Serie-A, n.o 276, 29 Nov 2000)
BrazilRegulation
CONFEN Resolution No. 06 provisionally suspended the ban on ayahuasca. In September 1987 CONFEN approved a working-group report recommending that the plants be excluded from the prohibited lists, which made the exclusion definitive. (Ministerio da Justica e Seguranca Publica / Diario Oficial da Uniao, 25 Jan 2010)
The law, place by place
28 jurisdictions, each with the facts we rely on and their sources, retrieved 28 Sep 2026 unless a source says otherwise. Places the directory does not list say why.
Oregon, United States
LicensedPsilocybin
Oregon licenses psilocybin service centers, facilitators and manufacturers under ORS 475A, regulated by the Oregon Health Authority, for adults 21 and over, while psilocybin stays Schedule I under federal law.
Centres here are listed in the directory.
- Ballot Measure 109 (November 2020) is codified as ORS 475A and directs the Oregon Health Authority to license and regulate the manufacturing, transportation, delivery, sale and purchase of psilocybin products and the provision of psilocybin services. (Oregon Health Authority, current page; Oregon State Legislature, current edition)
- OHA administrative rules are in OAR chapter 333, division 333. License applications opened on 2 January 2023 and licensed service centers began opening to clients in summer 2023. License types: service center operator, facilitator, manufacturer, laboratory, plus worker permits. (Oregon Health Authority, current page)
- Services are for adults only: ORS 475A.440 bars a licensee from selling or delivering a psilocybin product to a person under 21, and ORS 475A.495 bars anyone under 21 from entering licensed premises. OAR 333-333-4480 lets service centers provide services to clients 21 years of age or older. (Oregon State Legislature, current edition; Oregon Health Authority / Oregon Secretary of State, 2025)
- Under ORS 475A.498, psilocybin products may only be used at a licensed service center, under a facilitator. There is no take-home or retail sale. (Oregon State Legislature, current edition)
- Local opt-outs: under ORS 475A.718 a city or county may refer an ordinance to its voters to prohibit psilocybin manufacturers or service centers. OPB reported 25 counties and 26 cities banned psilocybin businesses at the November 2022 election, and bans passed in 16 of 17 places on the November 2024 ballot. OHA keeps a local ordinance spreadsheet. (Oregon State Legislature, current edition; Oregon Health Authority, current page; OPB, 7 Nov 2024)
- Psilocybin and psilocyn remain Schedule I controlled substances under the federal Controlled Substances Act (21 USC 812, Schedule I(c)), so state licensing does not make them federally lawful. (Legal Information Institute (Cornell) reproducing the U.S. Code, current text)
Colorado, United States
LicensedPsilocybin (natural medicine)
Colorado licenses natural medicine healing centers (Department of Revenue) and facilitators (DORA) under the Natural Medicine Health Act as amended by SB23-290, for adults 21 and over. Peyote is expressly excluded.
Centres here are listed in the directory.
- Voters approved Proposition 122, the Natural Medicine Health Act, in November 2022. It added Article 170 to Title 12 of the Colorado Revised Statutes. (Colorado Secretary of State, 2022; Colorado Lawyer (Colorado Bar Association))
- SB23-290 (Natural Medicine Regulation and Legalization) was signed on 23 May 2023. It amends C.R.S. 12-170 (facilitators, regulated by the Department of Regulatory Agencies, Division of Professions and Occupations) and creates C.R.S. 44-50 (natural medicine businesses, regulated by the Department of Revenue Natural Medicine Division). (Colorado General Assembly, 23 May 2023; Colorado General Assembly, 23 May 2023; Colorado Lawyer (Colorado Bar Association))
- 'Natural medicine' means psilocybin and psilocyn. DMT and mescaline may be added only if the advisory board recommends it and regulators approve, on or after 1 June 2026. Ibogaine may be added by the same process (C.R.S. 12-170-104(12) and 44-50-103). (Colorado General Assembly, 23 May 2023)
- Peyote is excluded by statute: "'Mescaline' does not include peyote, meaning all parts of the plant classified botanically as Lophophora williamsii Lemaire, whether growing or not; its seeds; any extract from any part of the plant, and every compound, salt, derivative, mixture, or preparation of the plant; or its seeds or extracts." (C.R.S. 12-170-104 and 44-50-103, as enacted by SB23-290). (Colorado General Assembly, 23 May 2023)
- Facilitators and participants must be 21 or older: SB23-290 defines both as individuals who are twenty-one years of age or older. (Colorado General Assembly, 23 May 2023)
- The Natural Medicine Division began granting licences on or before 31 December 2024, as the statute required. It issued Colorado's first healing center licence to The Center Origin on 31 March 2025, and noted that operations also depend on local approvals and on licensed cultivation and testing. (Colorado General Assembly, 23 May 2023; Colorado Department of Revenue, Natural Medicine Division, 2 Apr 2025)
- Psilocybin, psilocyn, DMT, mescaline, peyote and ibogaine are all Schedule I under 21 USC 812. (Legal Information Institute (Cornell) reproducing the U.S. Code, current text)
Netherlands
UnscheduledPsilocybin truffles (sclerotia)
Since 1 December 2008 the Dutch Opium Act List II has covered fresh and dried psilocybin mushrooms, but psilocybin truffles (sclerotia) are not covered, and the government has confirmed this.
Centres here are listed in the directory.
- The Decree of 17 November 2008 (Staatsblad 2008, 486), in force 1 December 2008, added hallucinogenic mushrooms to List II of the Opium Act. The explanatory note says freely available fresh mushrooms differ little in effects and risks from dried ones, which were already controlled after a 2002 Supreme Court ruling. (Overheid.nl Officiele bekendmakingen, 17 Nov 2008)
- The current List II entry 'Paddo's' covers "paddenstoelen die van nature de stof psilocine of psilocybine bevatten" (mushrooms that naturally contain psilocine or psilocybine), followed by a list of named species. It does not mention sclerotia. (wetten.overheid.nl, 1 Jan 2026)
- In an answer to parliamentary questions received on 28 December 2011, Health Minister Schippers wrote that psychedelic truffles or sclerotia do not fall under the Opium Act, and that this was known when 186 mushroom species were placed on List II on 1 December 2008. (Overheid.nl Officiele bekendmakingen, 28 Dec 2011)
- The Jellinek addiction service states that selling fresh sclerotia (truffles) is not prohibited, but dried truffles are treated as prohibited. (Jellinek, current page)
Jamaica
UnscheduledPsilocybin mushrooms
Psilocybin mushrooms are not listed in Jamaica's Dangerous Drugs Act. A government minister said in 2021 that growing them is legal, but there is no licensing regime, and the health ministry has warned that no psilocybin products are approved.
Centres here are listed in the directory.
- On 18 July 2021 the Jamaica Information Service quoted Agriculture Minister Floyd Green: "In Jamaica, the reality is that we never promulgated any laws to make psilocybin illegal here and as such, it is legal now to grow psilocybin." He said interim protocols route participants through the Plant Quarantine Division. (Jamaica Information Service, 18 Jul 2021; Ministry of Agriculture, Fisheries and Mining (Jamaica), 2021)
- In a statement of 23 August 2024, the Ministry of Health and Wellness said it has not approved psilocybin mushroom-containing products for use on the Jamaican market, and warned that they can be dangerous to health. (Jamaica Gleaner, 24 Aug 2024)
- In February 2024 the head of the National Council on Drug Abuse called for the Dangerous Drugs Act to be amended to cover magic mushrooms, which confirms they are not currently listed. (Jamaica Gleaner, 15 Feb 2024)
- A 2025 University of Miami law review article says psilocybin was never listed under Jamaica's Dangerous Drugs Act and remains unregulated. (University of Miami Inter-American Law Review, 2025)
Peru
UnregulatedAyahuasca
Peru's National Institute of Culture declared the traditional knowledge and uses of ayahuasca by native Amazonian communities Cultural Heritage of the Nation in 2008. This protects traditional use but does not create a licensing regime for retreats.
Centres here are listed in the directory.
- Resolucion Directoral Nacional No. 836/INC (Instituto Nacional de Cultura, June 2008, published in El Peruano) declared the traditional knowledge and uses of ayahuasca practised by native Amazonian communities Cultural Heritage of the Nation. (Agencia Peruana de Noticias Andina (state news agency), 12 Jul 2008; Ministerio de Cultura del Peru, Centro de Recursos (hosted academic article), 2012)
- The resolution aims to protect the traditional use and sacred character of the ritual, as distinct from "usos occidentales descontextualizados, consumistas y con propositos comerciales" (decontextualised Western uses that are consumerist or commercial). (Agencia Peruana de Noticias Andina, 12 Jul 2008)
- Internationally, neither ayahuasca nor the plants used to make it are controlled under the 1971 Convention (INCB 2010, para 284). (International Narcotics Control Board, Mar 2011)
Costa Rica (ayahuasca)
AmbiguousAyahuasca
Costa Rica's Law 8204 controls DMT but does not name ayahuasca or its plants. No specific framework exists, and in January 2025 the Health Ministry warned that ayahuasca and ibogaine products are unregistered and not authorised for therapeutic use.
Centres here are listed, with this footing stated on every listing. It is not a clear legal basis.
- Ley 8204 is Costa Rica's framework law on narcotics, psychotropic substances, unauthorised drugs and related activities. It is administered with the Instituto Costarricense sobre Drogas. (Instituto Costarricense sobre Drogas, current page; Transnational Institute (copy of statute), 2001)
- On 27 January 2025 the Ministerio de Salud issued a health warning. It said ayahuasca and ibogaine products lack sanitary registration and are not authorised for therapeutic use, that DMT is on the international and national lists of controlled substances, that any product based on ayahuasca or ibogaine must comply with national control and registration rules, and it advised against advertising them. (Ministerio de Salud de Costa Rica, 27 Jan 2025)
- Writing in La Republica on 5 February 2025, lawyer Herman Duarte argued that neither Banisteriopsis caapi nor Psychotria viridis is on the prohibited lists behind Costa Rican drug law, and called for explicit regulation of retreat centres, which he says currently operate in a legal gap. (La Republica (Costa Rica), 5 Feb 2025)
Costa Rica (psilocybin)
Illegal but tolerated in practicePsilocybin mushrooms
Psilocybin and psilocin are on Lista I of Costa Rica's national list of controlled psychotropic substances (updated 10 September 2026), and Law 8204 punishes unauthorised supply, including of natural products, with 8 to 15 years in prison. Psilocybin retreats nonetheless operate openly, and a news search on 4 October 2026 found no reported prosecution of a psilocybin retreat. We list them as illegal but tolerated in practice, which can change without notice.
Centres here are listed under the label "Illegal but tolerated in practice". The medicine is illegal, and every listing says so.
- The Ministerio de Salud's list of substances under national control, updated 10 September 2026 under Reglamento 45161-S, includes psilocina (PP 012) and PSILOCIBINA (PP 013) among the psychotropic substances of Lista I, alongside DMT and mescaline. The same entries appear in the October 2022 edition. The list does not name mushrooms or any fungus. (Ministerio de Salud de Costa Rica, Direccion de Drogas y Estupefacientes, 10 Sep 2026; Ministerio de Salud de Costa Rica, 10 Oct 2022)
- Article 1 of Law 8204 applies the law to substances in the 1961 Single Convention, the 1971 Convention on Psychotropic Substances (approved by Costa Rica by Law 4990 of 10 June 1972) and the 1988 Convention, and has the Ministry of Health publish the national lists. Psilocybin and psilocin are in Schedule I of the 1971 Convention. (Transnational Institute (copy of statute), 2001; Instituto Costarricense sobre Drogas, current page)
- Article 58 of Law 8204 sets 8 to 15 years in prison for anyone who, without legal authorisation, distributes, supplies, prepares, cultivates, transports, stores or sells the drugs, substances or products the law covers, or cultivates the plants they are obtained from, and for anyone who holds seeds or other natural products to produce them. Article 77 raises the range to 8 to 20 years in listed circumstances, including supply to people under 18 and an offender who uses a position as educator or spiritual guide to restrict the victim's freedom. (Transnational Institute (copy of statute), 2001)
- The INCB has said that plants containing psilocybin are not themselves under international control, but it recommends that governments control such plant material nationally where necessary. Costa Rica's Article 58 reaches the plants and natural products from which controlled substances are obtained, so the international position does not create a national grey area. (International Narcotics Control Board, Mar 2011; Transnational Institute (copy of statute), 2001)
- No Ministry of Health statement, court ruling or legal analysis was found that treats psilocybin mushrooms as outside Law 8204. A March 2025 opinion column argues generally that sacred plants not on the restricted lists are permitted, but it does not address psilocybin's own listing. Claims of a grey area found online come from retreat operators and booking sites. The Ministry's January 2025 warning on ayahuasca and ibogaine, the closest official statement, said such products are unregistered and not authorised for therapeutic use. (Delfino.cr, 13 Mar 2025; Ministerio de Salud de Costa Rica, 27 Jan 2025)
- Retreats operate openly. The Tico Times (27 August 2026) cites an estimate of around 80 psychedelic retreat centres in Costa Rica, roughly 60 of them offering ayahuasca, with others focused on psilocybin mushrooms and ibogaine. On 4 October 2026 BookRetreats' Costa Rica magic mushroom page was headed "59 Best Magic Mushroom Retreats around Costa Rica"; that figure counts programme listings, not distinct centres. (The Tico Times, 27 Aug 2026; BookRetreats, current page)
- The closest enforcement we found concerns ibogaine, not psilocybin. After the American tourist Lauren Levis died on 5 August 2024 following ibogaine at Soul Centro in Bahia Grande de Paquera, the OIJ in Nicoya sent its findings to local prosecutors on 13 March 2025. The report did not say anyone had been charged. (CRHoy, 29 Mar 2025; The Tico Times, 27 Aug 2026)
Enforcement search, 4 Oct 2026
No reported prosecution, raid or closure of a psilocybin retreat or facilitator in Costa Rica was found. Drug enforcement news in the results concerned cocaine and cannabis. We searched news in English and Spanish for: Costa Rica psilocybin retreat arrested OR raid OR prosecuted; Costa Rica retiro hongos psilocibina detenidos OIJ; "hongos alucinogenos" Costa Rica decomiso OR allanamiento retiro. The absence of reported cases is not proof that none exist.
- Closest found: Ibogaine, not psilocybin: the OIJ sent findings on the August 2024 death of Lauren Levis at Soul Centro, Paquera, to prosecutors in March 2025. No charge was reported. (CRHoy, 29 Mar 2025)
Brazil
Religious use onlyAyahuasca
Brazil permits ayahuasca for religious use under CONAD Resolution No. 1 of 25 January 2010. That resolution bars its sale and asks entities to avoid tourist packages, and CONAD does not recognise therapeutic use outside a religious context.
Centres here are listed, with this footing stated on every listing. It is not a clear legal basis.
- CONFEN Resolution No. 06 of 4 February 1986 provisionally suspended the ban on ayahuasca. In September 1987 CONFEN approved a working-group report recommending that the plants used to make the brew be excluded from the DIMED prohibited lists, which made the exclusion definitive. (Ministerio da Justica e Seguranca Publica / Diario Oficial da Uniao, 25 Jan 2010)
- CONAD Resolution No. 1/2010 adopts deontological principles: the tea (a decoction of Banisteriopsis caapi and Psychotria viridis) is restricted to religious rituals in places authorised by the user entities' leadership. Sale and any payment for production or consumption are prohibited, except contributions to maintain the entity. Entities should avoid tourist packages tied to advertising the brew's effects. (Ministerio da Justica e Seguranca Publica / Diario Oficial da Uniao, 25 Jan 2010)
- The same resolution states that use of the brew outside a religious context is not recognised as legitimate by CONAD, which authorised only ritual religious use. It adds that practices using ayahuasca for strictly therapeutic ends should be barred until scientific research proves their efficacy. (Ministerio da Justica e Seguranca Publica / Diario Oficial da Uniao, 25 Jan 2010)
Mexico (ibogaine)
UnregulatedIbogaine
Ibogaine is not listed in Mexico's Ley General de Salud schedules of narcotics (art. 234) or psychotropics (art. 245), and no ibogaine-specific regulation exists. It is unregulated, not approved.
Centres here are listed in the directory.
- The consolidated Ley General de Salud (last reformed DOF 15 January 2026) lists narcotics in article 234 and psychotropics in article 245. Article 245 group I includes DMT, mescaline (with peyote, Lophophora williamsii, named), psilocin and psilocybin (with hallucinogenic mushrooms of any botanical variety named). Ibogaine and iboga do not appear anywhere in the Act. (Camara de Diputados del H. Congreso de la Union, 15 Jan 2026)
- Infobae (21 September 2026) reports that ibogaine is not on the Ley General de Salud controlled-substance list, that clinics must operate as COFEPRIS-licensed medical establishments, and that no official standard sets ibogaine-specific safety protocols such as cardiac monitoring. (Infobae Mexico, 21 Sep 2026)
Mexico (psilocybin)
Illegal but tolerated in practicePsilocybin mushrooms
Psilocybin and hallucinogenic mushrooms of any botanical variety are group I psychotropics under Mexico's Ley General de Salud, and the Supreme Court refused a personal-use amparo in November 2024. The only carve-out is for possession for the ceremonies of Indigenous and Afro-Mexican communities, which does not cover retreats for visitors, yet retreats advertise openly and we found no reported prosecution of a psilocybin retreat. Mexican prosecutors have charged ayahuasca ceremony leaders under the same schedule, so the prohibition is enforced against some ceremonial facilitators; we list Mexican psilocybin retreats as illegal but tolerated in practice, which can change without notice.
Centres here are listed under the label "Illegal but tolerated in practice". The medicine is illegal, and every listing says so.
- Ley General de Salud article 245 classifies psychotropics in five groups. Group I covers substances with "valor terapeutico escaso o nulo" that are "susceptibles de uso indebido o abuso", and lists psilocybin with "hongos alucinantes de cualquier variedad botanica, en especial las especies Psilocybe mexicana, Stopharia cubensis y Conocybe, y sus principios activos", as well as psilocin. (Camara de Diputados del H. Congreso de la Union, 15 Jan 2026)
- Codigo Penal Federal article 193 makes conduct involving the psychotropics in LGS article 245 fractions I, II and III punishable as offences against health. Psilocybin does not appear in the LGS article 479 table of maximum personal-use doses, so the article 478 non-prosecution rule for small personal amounts does not set any threshold for it. (Camara de Diputados del H. Congreso de la Union, 13 Mar 2026; Camara de Diputados del H. Congreso de la Union, 15 Jan 2026)
- The only mushroom-specific exception is Codigo Penal Federal article 195 bis, fraction II (as reformed DOF 1 April 2024): the federal Public Prosecutor will not prosecute possession of "peyote u hongos alucinogenos, cuando por la cantidad y circunstancias del caso pueda presumirse que seran utilizados en las ceremonias, usos y costumbres de los pueblos y comunidades indigenas y afromexicanas, asi reconocidos por sus autoridades propias." It is a non-prosecution rule for possession tied to Indigenous and Afro-Mexican community ceremonies. It does not authorise supply, and it does not cover retreats run for visitors, although some retreat sites claim otherwise. (Camara de Diputados del H. Congreso de la Union, 13 Mar 2026)
- Mazatec healers in Huautla de Jimenez, Oaxaca, the town that Maria Sabina made known in the mid-20th century, still hold mushroom ceremonies. AFP (October 2024) quotes the family of curandera Julieta Casimiro saying they use the mushrooms as medicine "not to get high", and reports that local healers discourage psychedelic tourism and screen who they will hold ceremonies for. (Proceso (AFP), 12 Oct 2024)
- On 13 November 2024 the First Chamber of the Supreme Court (Amparo en Revision 179/2024, ponente Ministra Loretta Ortiz Ahlf, unanimous four votes) upheld the denial of an amparo. The applicant wanted health authorisation for all activities linked to personal recreational use of psilocybin, which COFEPRIS had refused in an official letter of 23 January 2023. The Court ruled that LGS articles 245 fraction I, 247 last paragraph, 248 and 249 are constitutional. Press coverage reports this as the first such psilocybin amparo the Court decided. (Suprema Corte de Justicia de la Nacion, 13 Nov 2024; Milenio, 13 Nov 2024)
- In October 2023, Senator Alejandra Lagunes (PVEM) presented an initiative to reform the Ley General de Salud, the Codigo Penal Federal and other laws so that psilocybin mushrooms could be researched and used therapeutically, with Indigenous peoples taking part. It has not been enacted: the LGS in force (last reformed 15 January 2026) still lists psilocybin in article 245 group I. (ICEERS, 13 Nov 2023; Foro Juridico, 2 Nov 2023; Camara de Diputados del H. Congreso de la Union, 15 Jan 2026)
- Retreat Guru's Mexico psilocybin page, read on 2026-10-04, showed 98+ psilocybin retreats from roughly 40 centres, mostly in Tulum, Playa del Carmen, Valle de Bravo, Cancun and the Puerto Vallarta area. Operators' own sites publish dates and prices for Mexican psilocybin retreats, for example Eleusinia (Valle de Bravo, 2026 and 2027 dates), The Buena Vida (Sayulita, October and December 2026 dates) and Compassion Retreats (near Tulum). (Retreat Guru, current page; Eleusinia, current page; The Buena Vida, current page; Compassion Retreats, current page)
Enforcement search, 4 Oct 2026
No reported prosecution, raid, arrest or closure of a psilocybin retreat or psilocybin facilitator in Mexico was found. Hallucinogenic mushrooms do show up in routine street-dealing arrests in Tulum, and Mexican prosecutors have charged Indigenous ayahuasca ceremony leaders with DMT importation, so the law is enforced against ceremonial use of other group I psychedelics. Finding no reported case is not proof that none exists. We searched news in English and Spanish for: retiro psilocibina detenidos Mexico; retiro hongos alucinogenos Tulum operativo detenidos; clausura retiro psicodelico Mexico hongos; FGR hongos alucinogenos detenidos retiro ceremonia; Oaxaca hongos turistas detenidos Huautla San Jose del Pacifico; chaman detenido hongos alucinogenos ceremonia extranjeros Mexico; detienen extranjero ceremonia hongos magicos retiro Quintana Roo OR Oaxaca OR Morelos OR Nayarit; muere turista retiro hongos psilocibina Mexico ceremonia; Tulum mushroom retreat raid arrest police psilocybin; Mexico psychedelic retreat shut down OR arrested facilitator psilocybin ceremony police. The absence of reported cases is not proof that none exist.
- Closest found: Between 2022 and 2023, Mexico detained two Indigenous ceremony leaders at Mexico City airport and prosecuted them for bringing in ayahuasca (DMT, also LGS art. 245 group I). Colombian Uitoto healer Claudino Perez was arrested in March 2022 to hold ayahuasca workshops and faced a requested 25-year sentence before the case was dismissed. Shipibo healer Lauro Hinostroza was arrested in September 2023 and released in March 2024. Proceso counts eight such cases. This involved ayahuasca, not psilocybin, but it shows the prohibition is applied to ceremonial facilitators. (Proceso, 24 Apr 2024)
- Closest found: In Tulum on 19 November 2021, municipal police and the National Guard arrested a man carrying pink cocaine, ecstasy and a bag of hallucinogenic mushrooms on narcomenudeo charges. This was street dealing with no stated link to any retreat. (De Peso, 19 Nov 2021)
- Closest found: In Tulum on 29 October 2021, authorities seized three businesses (two bars and a gym) and arrested 15 people, seizing marijuana, crack and cocaine. Mushrooms, retreats and ceremonies are not mentioned. This is listed only because it came up for the Tulum operativo queries. (TV Azteca Quintana Roo, 29 Oct 2021)
Portugal (psilocybin retreats)
Illegal but tolerated in practicePsilocybin mushrooms
Psilocybin is on Table II-A of Portugal's Decree-Law 15/93. Possession for personal use has been an administrative offence rather than a crime since Law 30/2000, but the Policia Judiciaria states that producing, selling or transferring the mushrooms is drug trafficking. Psilocybin retreats advertise openly in Portugal, and our search found no reported prosecution, raid or closure of a psilocybin retreat or facilitator.
Centres here are listed under the label "Illegal but tolerated in practice". The medicine is illegal, and every listing says so.
- The Policia Judiciaria states that psilocybin is listed in Table II-A of Decree-Law 15/93, and that producing, cultivating, selling or transferring the mushrooms is drug trafficking. (Policia Judiciaria, current page)
- Lei n.o 30/2000 of 29 November 2000 makes consumption, acquisition and possession for personal use of substances in the Decree-Law 15/93 tables an administrative offence (contra-ordenacao) rather than a crime. It does not legalise supply, so a retreat that provides psilocybin to guests falls outside it. (Diario da Republica, I Serie-A, n.o 276, 29 Nov 2000; Policia Judiciaria, current page)
- Open operation: on 2026-10-04 Retreat Guru's Portugal psilocybin listing page was headed "48+ Best Psilocybin Retreats in Portugal" and named operators in the Algarve (Almancil, Alcantarilha, Tavira, Faro, Pera), Lisbon, Costa da Caparica and Viseu District. BookRetreats also lists psilocybin retreats in Portugal, mostly in the Algarve. (Retreat Guru, current page; BookRetreats, current page)
- Enforcement found was aimed at sellers and producers, not retreats: in July 2025 the Policia Judiciaria arrested three foreign nationals at the Boom Festival and seized about 2,000 hallucinogenic mushrooms with other drugs, and in October 2025 the PSP in Coimbra arrested a 29-year-old man and seized 334 g of hallucinogenic mushrooms, cannabis plants and cultivation material. (Diario de Noticias, 20 Jul 2025; Observador, 17 Oct 2025)
- Taking part is not risk-free: a participant found in possession can still face an administrative process and sanctions under Law 30/2000, and operators who supply psilocybin carry criminal exposure for trafficking. (Diario da Republica, I Serie-A, n.o 276, 29 Nov 2000; Policia Judiciaria, current page)
- Retreat Guru's Portugal psilocybin page, read on 2026-10-04, was headed "48+ Best Psilocybin Retreats in Portugal" and named at least 18 operators; BookRetreats lists further psilocybin retreats in the Algarve. Several operators publish their programmes, prices and facilitators on their own websites (see centre rows). (Retreat Guru, current page; BookRetreats, current page; Conscious Pharmacist, current page; Awaken Within, current page; Numinous Ways, current page; Intuitive Kasham, current page)
Enforcement search, 4 Oct 2026
No reported prosecution, raid, arrest or closure of a psilocybin retreat or psilocybin facilitator in Portugal was found. The closest items concern festival drug sellers, a home grower, and an ayahuasca/DMT production case. The absence of reported cases is not proof that none occurred, and enforcement practice can change without notice. We searched news in English and Portuguese for: Portugal psilocybin retreat police "cogumelos magicos" retiro detidos; Policia Judiciaria cogumelos alucinogenios apreensao detido Portugal psilocibina; retiro psicadelico Portugal GNR OR PJ detidos cerimonia ayahuasca OR cogumelos; "cogumelos" "retiro" OR "terapia psicadelica" OR "cerimonias" detido Portugal Policia Judiciaria psilocibina 2024 OR 2025 OR 2026; "trufas magicas" OR "trufas alucinogenias" Portugal apreensao detido; retiros psicadelicos Portugal ilegal estrangeiros cogumelos reportagem; Portugal police arrest psychedelic retreat ayahuasca ceremony foreigners. The absence of reported cases is not proof that none exist.
- Closest found: Boom Festival, Idanha-a-Nova, July 2025: the Policia Judiciaria arrested three foreign nationals for suspected trafficking and seized MDMA, LSD, about 2,000 hallucinogenic mushrooms and EUR 11,000. Festival dealing, not a retreat. (Diario de Noticias, 20 Jul 2025)
- Closest found: Coimbra, October 2025: PSP arrested a 29-year-old man for trafficking and seized 334.26 g of hallucinogenic mushrooms, 843.7 g of cannabis herb, 15 cannabis plants and cultivation material. Grower and seller, not a retreat. (Observador, 17 Oct 2025)
- Closest found: Lousa, July 2018: the Policia Judiciaria dismantled what it called the first artisanal ayahuasca/DMT production unit found in Portugal (over 70 litres of ayahuasca seized). Ayahuasca, not psilocybin, and no retreat named. (Noticias ao Minuto, 20 Jul 2018)
- Closest found: ICEERS notes a 2011 seizure of about 30 litres of ayahuasca from a Santo Daime member near Lisbon, with charges later dropped. Ayahuasca, not psilocybin. (ICEERS, 22 Jan 2022)
United States (federal)
ProhibitedPeyote (federal law)
Peyote and mescaline are Schedule I under federal law. The one statutory exception, 42 U.S.C. 1996a (added in 1994), makes traditional ceremonial use of peyote by Indians lawful; a DEA rule exempts the Native American Church. Peyote.com lists no peyote ceremonies anywhere.
Federal law applies everywhere in the United States, including Oregon and Colorado, whose state licences do not change it.
- Peyote and mescaline are listed in Schedule I(c) of the Controlled Substances Act, as are psilocybin, psilocyn, DMT and ibogaine. (Legal Information Institute (Cornell) reproducing the U.S. Code, current)
- 42 U.S.C. 1996a, added by the American Indian Religious Freedom Act Amendments of 1994 (Public Law 103-344), not by the 1978 Act: "the use, possession, or transportation of peyote by an Indian for bona fide traditional ceremonial purposes in connection with the practice of a traditional Indian religion is lawful, and shall not be prohibited by the United States or any State." (Legal Information Institute (Cornell) reproducing the U.S. Code, current)
- 21 CFR 1307.31: the Schedule I listing of peyote "does not apply to the nondrug use of peyote in bona fide religious ceremonies of the Native American Church"; anyone who supplies peyote to the Church must register annually. (eCFR, current)
- Outside the exemptions, distributing a Schedule I substance not named in the large-quantity tiers carries up to 20 years and a fine of up to $1,000,000 for an individual on a first offence (21 U.S.C. 841(b)(1)(C)); simple possession carries up to 1 year and a minimum fine of $1,000 on a first offence (21 U.S.C. 844(a)). (Legal Information Institute (Cornell) reproducing the U.S. Code, current; Legal Information Institute (Cornell) reproducing the U.S. Code, current)
International (UN conventions)
UnscheduledDMT, psilocybin, mescaline (plants and preparations)
The 1971 UN Convention on Psychotropic Substances controls DMT, psilocybine, psilocine and mescaline as substances, but the INCB has said that no plants, and no preparations such as decoctions made from them, are under international control.
Background for every country here: international non-control is not national legality.
- INCB Annual Report for 2010, para 284: "although some active stimulant or hallucinogenic ingredients contained in certain plants are controlled under the 1971 Convention, no plants are currently controlled under that Convention or under the 1988 Convention. Preparations (e.g. decoctions for oral use) made from plants containing those active ingredients are also not under international control." Para 285 names ayahuasca, peyote, Psilocybe mushrooms and iboga as examples. (International Narcotics Control Board, Mar 2011)
- INCB para 287 recommends that governments consider controlling such plant material at national level where necessary. International non-control therefore does not mean national legality. (International Narcotics Control Board, Mar 2011)
- In a letter dated 17 January 2001 to the Dutch Senior Inspector for Opium Law Cases, INCB Secretary Herbert Schaepe wrote: "No plants (natural materials) containing DMT are at present controlled under the 1971 Convention on Psychotropic Substances. Consequently, preparations (e.g. decoctions) made of these plants, including ayahuasca, are not under international control." A similar INCB letter of 13 September 2001 said the same of plants containing psilocine and psilocybine. (ICEERS, Oct 2023)
New Mexico, United States
Medical onlyPsilocybin
Excluded from the directory: New Mexico's Medical Psilocybin Act (SB 219, 2025) creates a medical program for qualified conditions, to be implemented by 31 December 2027. It is not an adult-use or retreat framework.
- SB 219 requires the Department of Health to implement the program "by December 31, 2027". The NM Department of Health page says the Act was signed in April 2025, took effect on 20 June 2025, covers conditions such as treatment-resistant depression, PTSD, substance use disorders and end-of-life care, and gives a target implementation date of 31 December 2026. (New Mexico Legislature, 2025; New Mexico Department of Health, current page)
Texas, United States
ProhibitedIbogaine
Excluded from the directory: Texas SB 2308 (signed 11 June 2025) funds a consortium for FDA clinical trials of ibogaine. It does not legalise ibogaine treatment, which remains Schedule I federally.
- SB 2308 (89th Legislature, author Parker) establishes a consortium to conduct FDA drug-development clinical trials with ibogaine. It was signed by the Governor and took effect on 11 June 2025. (Texas Legislature Online, 11 Jun 2025; FOX 7 Austin, Jun 2025)
- Ibogaine is Schedule I under 21 USC 812. (Legal Information Institute (Cornell) reproducing the U.S. Code, current text)
Colombia
AmbiguousAyahuasca (yage)
Excluded from the directory: Colombia neither permits nor prohibits yage by specific law. Indigenous traditional use has cultural and constitutional protection, but there is no licensing or other framework for retreats.
- ICEERS (11 October 2023): "There is no specific legislation either permitting or prohibiting yage in Colombia, but it has special cultural recognition." The Colombian government has never prohibited yage. (ICEERS, 11 Oct 2023)
- Constitutional Court judgment C-221/94 (5 May 1994) struck down article 51 of Law 30 of 1986, decriminalising possession of a personal dose. This concerns consumers, not supply. (Corte Constitucional de Colombia, 5 May 1994)
- A 2012 analysis of primary documents (cabildo certificates and OPIAC healer IDs) found that Colombia has no specific legislation on ayahuasca consumption and trade, and that authorities apply indigenous-rights law indirectly. (bialabate.net, 2012)
Ecuador
AmbiguousAyahuasca
Excluded from the directory: No verifiable primary source was found on ayahuasca's status in Ecuador. The Constitution protects ancestral medicine in general terms, but no instrument names ayahuasca or regulates retreats.
- The Ministerio de Salud Publica presented a Code of Ethics for the ancestral and traditional medicine of Ecuador's nationalities and peoples on 22 December 2020, citing constitutional guarantees for the recognition, respect and promotion of their knowledge, medicines and instruments. It does not name ayahuasca. (Ministerio de Salud Publica del Ecuador, 22 Dec 2020)
Spain
AmbiguousAyahuasca
Excluded from the directory: Spanish courts have acquitted in ayahuasca cases, and the Madrid High Court (TSJM ruling 316/2025, 10 July 2025) held that ayahuasca as such is not a listed substance. The Supreme Court has not ruled, and DMT remains controlled.
- ICEERS reports that TSJM ruling 316/2025, the first higher-court decision on ayahuasca in Spain, upheld an acquittal and found that ayahuasca as a complex plant preparation is not individually listed or explicitly prohibited. It binds only within Madrid. The Tribunal Supremo has not ruled on ayahuasca. (ICEERS, 29 Jul 2025)
- Infobae (27 October 2024) describes seizures and prosecutions connected to ayahuasca retreats in Spain. (Infobae Espana, 27 Oct 2024)
Spain (psilocybin)
ProhibitedPsilocybin mushrooms
Excluded from the directory: Spain fails the tolerated test: police have repeatedly arrested organisers of paid psychedelic rituals and retreats, including a November 2022 Policia Nacional case in Bergueda (Barcelona) where the advertised substances included hallucinogenic mushrooms.
- Article 368 of the Spanish Criminal Code punishes cultivation, production or trafficking, or otherwise promoting, favouring or facilitating the illegal consumption of toxic drugs, narcotics or psychotropic substances, with prison terms of one to six years depending on harm to health. (Boletin Oficial del Estado, consolidated text)
- In November 2022 the Policia Nacional arrested two people in the Bergueda area (Barcelona) for alleged crimes against public health as a ritual was about to begin. Per the Interior Ministry release, one detainee advertised rituals on social media offering ayahuasca, kambo, bufo toad and hallucinogenic mushrooms. (Ministerio del Interior (Policia Nacional), Nov 2022)
- Other ritual and retreat cases: three men arrested in Tegueste (Tenerife) in August 2024 for crimes against public health over paid rituals (ayahuasca, bufo, kambo, San Pedro, LSD); two people arrested in Sant Pol de Mar (Barcelona) in April 2023 as a ceremony for 23 people began; and a retreat group in Pedreguer (Alicante) dismantled in August 2025. (elDiario.es (Canarias Ahora), 20 Aug 2024; Agencia Tributaria (Customs Surveillance) with Policia Nacional, 2 Apr 2023; CBS News (AFP), 12 Aug 2025)
- Reason for exclusion: condition 3 fails. A documented arrest of a ritual organiser offering hallucinogenic mushrooms, plus a pattern of police action against paid psychedelic retreats, means Spain cannot be called tolerated in practice. (Ministerio del Interior (Policia Nacional), Nov 2022; CBS News (AFP), 12 Aug 2025)
Enforcement search, 4 Oct 2026
Police action against ritual and retreat organisers was found, including a November 2022 arrest in Bergueda where the advertised substances included hallucinogenic mushrooms. Spain fails condition 3. We searched news in English and Spanish and Catalan for: retiro psilocibina Espana detenidos Guardia Civil setas alucinogenas retiro; Espana detenido retiro "setas" OR "hongos" psilocibina ceremonia Guardia Civil Policia Nacional; Mossos detenen Bergueda ritual ayahuasca bufo bolets al.lucinogens novembre 2022; "mujer medicina" Bergueda detenidas ayahuasca kambo "hongos alucinogenos"; Spain psilocybin retreat "magic mushroom retreat" Spain legal truffles operators. The absence of reported cases is not proof that none exist.
- Closest found: Bergueda (Barcelona), November 2022: Policia Nacional arrested a self-described 'medicine woman' and an assistant as a ritual began; her advertised rituals offered ayahuasca, kambo, bufo and hallucinogenic mushrooms. (Ministerio del Interior (Policia Nacional), Nov 2022)
- Closest found: Pedreguer (Alicante), August 2025: police dismantled a group running a paid 'spiritual retreat' with ayahuasca, San Pedro and kambo; three leaders arrested and five 'spiritual guides' investigated. (CBS News (AFP), 12 Aug 2025)
- Closest found: Sant Pol de Mar (Barcelona), April 2023: Customs Surveillance and Policia Nacional raided a ceremony for 23 people and arrested two organisers (ayahuasca, bufo, kambo, mescaline). (Agencia Tributaria (Customs Surveillance) with Policia Nacional, 2 Apr 2023)
- Closest found: Tegueste (Tenerife), August 2024: three men arrested for crimes against public health over paid rituals with psychoactive substances. (elDiario.es (Canarias Ahora), 20 Aug 2024)
Portugal (personal possession)
DecriminalisedPsilocybin, ayahuasca
Excluded from the directory: Portugal's Law 30/2000 made personal-use possession an administrative offence, but psilocybin is on Table II-A of Decree-Law 15/93 and supply remains trafficking.
- Lei n.o 30/2000 of 29 November 2000 makes consumption, acquisition and possession for personal use of substances in the Decree-Law 15/93 tables an administrative offence (contra-ordenacao) rather than a crime. (Diario da Republica, I Serie-A, n.o 276, 29 Nov 2000)
- The Policia Judiciaria states that psilocybin is listed in Table II-A of Decree-Law 15/93, and that producing, cultivating, selling or transferring the mushrooms is drug trafficking. Decree-Law 54/2013 separately banned sale of new psychoactive substances in smartshops. (Policia Judiciaria, current page; Policia Judiciaria, 17 Apr 2013)
Peru (psilocybin)
ProhibitedPsilocybin mushrooms
Excluded from the directory: Psilocybin and psilocin are on Lista IB of Peru's controlled-substance annex, whose production, trade and use are prohibited. We found no reported prosecution of a psilocybin retreat, but also too little evidence of psilocybin retreats operating openly to call the practice tolerated: insufficient evidence.
- DIGEMID's catalogue of Annex 2 to the Reglamento de Estupefacientes, Psicotropicos (Decreto Supremo 023-2001-SA) lists PSILOCIBINA and PSILOCINA in Lista IB1, and quotes the decree: "Queda prohibida la produccion, fabricacion, exportacion, importacion, comercio y uso de las sustancias de la Lista IA y IB del Anexo N.o 2". (DIGEMID, Ministerio de Salud del Peru, Nov 2024)
- Open operation of psilocybin retreats in Peru is thin. On 2026-10-04 Retreat Guru's Peru mushroom page showed 2 retreats, and the psilocybin offers found were sessions inside multi-medicine programmes (for example Entheogens Peru Soul Sanctuary in the Sacred Valley, alongside huachuma, ayahuasca and other plants). BookRetreats' 'Psilocybin Retreats in Cusco' page listed no Cusco retreat that names psilocybin. Its only mushroom retreats were in Ecuador. (Retreat Guru, current page; Retreat Guru, current page; BookRetreats, current page)
- Police do act against psilocybin mushroom sellers: in May 2024 the PNP dismantled 'Los Pitufos del Callao', which grew Psilocybe cubensis in a Callao laboratory and sold it in Lima. (RPP Noticias, 30 May 2024)
- Reason for exclusion: insufficient evidence. Condition 2 (multiple operators openly advertising psilocybin retreats) is not established; the material found is a handful of multi-medicine programmes on booking sites, not an open psilocybin retreat market. Conditions 1 and 3 otherwise appear to be met. (Retreat Guru, current page; BookRetreats, current page)
Enforcement search, 4 Oct 2026
No reported prosecution, raid or closure of a psilocybin retreat or facilitator in Peru was found. The closest items are a mushroom-growing gang in Callao and a 2022 Pisac arrest involving cannabis products and unidentified mushrooms. The absence of reported cases is not proof that none occurred. We searched news in English and Spanish for: Cusco policia detenido hongos alucinogenos psilocibina Pisac turistas; Peru "hongos alucinogenos" incautan PNP detenido venta; "Valle Sagrado" hongos psilocibina retiro intervencion policia fiscalia; Peru police arrest psilocybin mushroom retreat Sacred Valley; Peru tourist "magic mushroom" ceremony arrested OR death OR prosecuted Pisac Cusco. The absence of reported cases is not proof that none exist.
- Closest found: Callao/Lima, May 2024: PNP dismantled 'Los Pitufos del Callao', a group growing and selling Psilocybe cubensis; four arrested. Sellers, not a retreat. (RPP Noticias, 30 May 2024)
- Closest found: Pisac (Calca, Cusco), February 2022: the Cusco anti-drug unit detained a couple heading to an archaeological site with cannabis, cannabis cookies and oil; two containers of mushrooms (species not stated) were found at their home. No retreat or ceremony link reported. (La Republica, 9 Feb 2022)
Brazil (psilocybin)
ProhibitedPsilocybin mushrooms
Excluded from the directory: Psilocybin and psilocin are on Anvisa's List F2 of prohibited psychotropics. The mushroom itself is not named, and courts have differed, but the STJ has treated sale as trafficking. Police arrested a self-styled spiritual guide in Goiania in 2024 for selling mushrooms and running paid psilocybin rituals, so Brazil fails the tolerated test.
- Psilocin and psilocybin are on List F2 (prohibited psychotropic substances) of Portaria SVS/MS 344/1998, as updated by Anvisa. The fungus itself is not explicitly named, which sellers rely on, but the Superior Tribunal de Justica has held that the presence of the hallucinogenic substances is enough to characterise trafficking. (Portal Tela, 6 Sep 2025)
- Reporting describes the status of the mushroom as a legal grey area ("limbo juridico") that hampers research. (Canaltech, 6 May 2025)
- In Goiania (Goias), Civil Police arrested a self-described spiritual and therapeutic guide who sold Psilocybe cubensis capsules and chocolates nationwide and charged about R$2,500 per individual psilocybin ritual session, held at his home or clients' homes, to 'treat' depression and anxiety. (Jornal Opcao, Sep 2024)
- In September 2025 the Federal District Civil Police ran 'Operacao Psicose' against a network producing and selling psilocybin mushrooms nationwide, arresting nine people; possible charges reported include drug trafficking, money laundering and unlicensed medical practice. (CNN Brasil, 4 Sep 2025)
- Reason for exclusion: condition 3 fails (a facilitator running paid psilocybin rituals was arrested), and condition 1 is contested because the fungus itself is not listed. (Jornal Opcao, Sep 2024; Portal Tela, 6 Sep 2025)
Enforcement search, 4 Oct 2026
A psilocybin facilitator was arrested: a self-styled spiritual guide in Goiania who ran paid psilocybin ritual sessions and sold mushroom products. Large police operations against mushroom sellers followed in 2025. Brazil fails condition 3. We searched news in English and Portuguese for: retiro psilocibina Brasil policia preso facilitador cogumelos cerimonia; terapeuta preso Goiania cogumelos magicos rituais; Policia Judiciaria cogumelos alucinogenios apreensao detido (returned Brazilian operations); cogumelo psilocybe nao consta lista Anvisa Portaria 344 psilocibina lista F2 decisao STJ habeas corpus; gov.br anvisa psilocibina "Lista F2" proscrita cogumelos nota. The absence of reported cases is not proof that none exist.
- Closest found: Goiania, 2024: Civil Police arrested a therapist/'spiritual guide' who sold psilocybin mushroom products by post and charged about R$2,500 per psilocybin ritual session. (Jornal Opcao, Sep 2024)
- Closest found: Federal District, 4 September 2025: Operacao Psicose, nine arrests, about 3,718 postal shipments of psilocybin mushroom products traced. (CNN Brasil, 4 Sep 2025)
United Kingdom (psilocybin)
ProhibitedPsilocybin mushrooms
Excluded from the directory: Any fungus containing psilocin is a Class A drug under the Misuse of Drugs Act 1971, and magic mushroom supply is prosecuted, for example a 2025 Plymouth Crown Court conviction. A ceremony leader was also convicted in 2011 for supplying ayahuasca at a retreat. The UK fails the tolerated test.
- Schedule 2, Part I of the Misuse of Drugs Act 1971 lists "Fungus (of any kind) which contains psilocin or an ester of psilocin" as a Class A drug. The Home Office controlled drugs list shows it as Class A, Schedule 1. (legislation.gov.uk, current text; Home Office (GOV.UK), current page)
- In May 2025 a 61-year-old Tavistock man was found guilty at Plymouth Crown Court of producing and supplying magic mushrooms (Class A) between March 2020 and August 2023. (Tavistock Today, 8 May 2025)
- On 8 August 2011 Peter Aziz, who ran ayahuasca ceremonies at a week-long retreat in Somerset, was found guilty at Bristol Crown Court of producing and supplying a Class A drug; he was later jailed for 15 months. (bialabate.net, 14 Aug 2011)
- Reason for exclusion: condition 3 fails (psilocybin supply is prosecuted and a retreat ceremony leader has been convicted). No openly operating UK psilocybin retreat was found either (condition 2). (Tavistock Today, 8 May 2025; bialabate.net, 14 Aug 2011)
Enforcement search, 4 Oct 2026
Psilocybin supply is prosecuted (2025 Plymouth Crown Court conviction), and a retreat ceremony leader was convicted for ayahuasca supply in 2011. No psilocybin retreat-specific UK prosecution was found, but none is needed for the UK to fail. We searched news in English for: UK psilocybin retreat facilitator convicted magic mushrooms ceremony court; UK man jailed magic mushrooms "retreat" OR "ceremony" OR "psychedelic therapy" sentenced crown court psilocybin; "magic mushrooms" "ceremonies" OR "retreats" UK police arrested shaman Glastonbury OR Devon OR Wales psilocybin court 2024 OR 2025; Peter Aziz shaman jailed ayahuasca ceremony Devon court. The absence of reported cases is not proof that none exist.
- Closest found: Plymouth Crown Court, May 2025: man found guilty of producing and supplying magic mushrooms. (Tavistock Today, 8 May 2025)
- Closest found: Bristol Crown Court, August 2011: ayahuasca ceremony leader Peter Aziz convicted of producing and supplying a Class A drug at a Somerset retreat. (bialabate.net, 14 Aug 2011)
Canada
Medical onlyPsilocybin
Excluded from the directory: Psilocybin is illegal in Canada except with Health Canada authorisation (section 56 exemptions or Special Access Program requests, case by case). Police continue to raid and charge open psilocybin businesses, including the 2025 York Region 'Project Magic' case, so Canada fails the tolerated test.
- Health Canada: "The production, sale and possession of magic mushrooms are illegal in Canada". Activities with psilocybin and psilocin are illegal under the Controlled Drugs and Substances Act unless Health Canada authorises them. (Health Canada, 8 Oct 2025)
- Amendments in force on 5 January 2022 (SOR/2021-271) let practitioners request restricted drugs such as psilocybin through the Special Access Program for patients with serious or life-threatening conditions. Health Canada's February 2023 notice describes case-by-case, patient-specific requests, with the drug used in the practitioner's presence. (Canada Gazette Part II, 5 Jan 2022; Health Canada, 27 Feb 2023)
- In April 2025 York Regional Police (Project Magic) arrested 13 people and reported more than CAD 3.5 million in psychedelic drugs seized in an investigation into the FunGuyz magic mushroom store chain. (CP24, 17 Apr 2025)
- In July and August 2023 the SPVM searched the FunGuyz store in Montreal three times, arresting eight people and seizing about 4 kg of psilocybin, edibles and tablets. (CTV News Montreal, 4 Aug 2023; Noovo Info, 4 Aug 2023)
- Reason for exclusion: condition 3 fails. Openly operating psilocybin businesses are raided and charged, and the existing medical-only status (Health Canada authorisation) is the accurate description of lawful access. (CP24, 17 Apr 2025; CTV News Montreal, 4 Aug 2023)
Enforcement search, 4 Oct 2026
No reported prosecution of a psilocybin retreat as such was found, but police repeatedly raid and charge openly operating psilocybin businesses (stores and dispensaries) across Ontario, Quebec, Manitoba and British Columbia. Canada fails condition 3. We searched news in English and French for: Canada police raid magic mushroom dispensary charges 2025; Canada psilocybin retreat police charges facilitator ceremony RCMP; SPVM perquisition FunGuyz champignons magiques arrestations Montreal. The absence of reported cases is not proof that none exist.
- Closest found: York Region, April 2025: Project Magic, 13 arrested, more than CAD 3.5 million in psychedelics seized from the FunGuyz chain. (CP24, 17 Apr 2025)
- Closest found: Montreal, July-August 2023: three SPVM searches of FunGuyz, eight arrests. (CTV News Montreal, 4 Aug 2023)
- Closest found: Montreal, August 2023 (French-language report): SPVM details seizures of 4 kg bulk psilocybin, 753 g of edibles and 1,643 tablets. (Noovo Info, 4 Aug 2023)
Czech Republic
Medical onlyPsilocybin
Excluded from the directory: From 1 January 2026 Czech law allows psilocybin as a medicine for specified depression indications in healthcare facilities, under psychiatrists. Retreat or recreational use remains illegal.
- Act No. 270/2025 Coll. (amending the Criminal Code, Act 167/1998 on Addictive Substances s.33l, and Act 378/2007 on Medicines) took effect on 1 January 2026. It permits psilocybin treatment prescribed by a psychiatrist in healthcare facilities, for depression associated with cancer, severe non-psychotic depression, or life-threatening neuropsychiatric deterioration, after standard medicines have failed. (Czech Psychiatric Society, current page; AFP / France 24, 2025)
Germany
Medical onlyPsilocybin
Excluded from the directory: In July 2025 BfArM approved a compassionate-use programme for psilocybin in treatment-resistant depression, limited to two clinics, which is not a retreat pathway.
- The Central Institute of Mental Health (Mannheim) announced on 31 July 2025 that BfArM approved a Compassionate Use Programme. Individual adult patients with treatment-resistant depression can be treated with psilocybin at CIMH Mannheim and the OVID Clinic Berlin day clinic, only in justified exceptional cases. (Central Institute of Mental Health (ZI) Mannheim, 31 Jul 2025; The Lancet Psychiatry, 2025)
Australia
Medical onlyPsilocybin
Excluded from the directory: Since 1 July 2023, TGA-authorised psychiatrists may prescribe psilocybine for treatment-resistant depression as a Schedule 8 medicine. This is medical-only.
- From 1 July 2023, psilocybine for treatment-resistant depression is Schedule 8 in the Poisons Standard and may be prescribed only by psychiatrists authorised by the TGA under the Authorised Prescriber scheme, with ethics committee approval. (Therapeutic Goods Administration, 2023; Therapeutic Goods Administration, current page)
The Bahamas
AmbiguousPsilocybin, ibogaine
Excluded from the directory: The Bahamas applies its Dangerous Drugs Act to substances in the 1971 Convention schedules, which include psilocybine, and in August 2024 police raided an advertised psilocybin retreat in Nassau and arrested its two operators.
- The Dangerous Drugs (Application) Order, 2024, made under s.11(2) of the Dangerous Drugs Act (Ch. 228), applies Part IV of the Act to drugs in the schedules of the 1961 Single Convention and the 1971 Psychotropic Convention. The Act defines 'psychotropic substance' as any substance, natural or synthetic, or any natural material. (Office of the Attorney General, The Bahamas, 2024; Statute Law of The Bahamas, LRO 1/2017)
- On 28 August 2024, Drug Enforcement Unit officers searched an Airbnb in western New Providence where the owners reportedly offered psilocybin therapy to guests, seized suspected psilocybin mushrooms and arrested two people. (Eye Witness News (Bahamas), 28 Aug 2024)
- Eye Witness News reported that the Minister of Health and Wellness, Dr Michael Darville, confirmed no licence or approval existed for the operation and ordered it shut down. (Eye Witness News (Bahamas), 29 Aug 2024)
- Reason for exclusion: condition 3 fails. A psilocybin retreat was raided, its operators arrested and the operation closed. (Eye Witness News (Bahamas), 29 Aug 2024; Eye Witness News (Bahamas), 29 Aug 2024)
Enforcement search, 4 Oct 2026
Police raided an advertised psilocybin retreat in Nassau in August 2024, arrested its two operators and the Health Minister ordered it shut. The Bahamas fails condition 3. We searched news in English for: Bahamas psilocybin retreat police raid Nassau; Peru police arrest psilocybin mushroom retreat Sacred Valley (returned the Bahamas raid); ewnews psilocybin mushrooms confiscated police. The absence of reported cases is not proof that none exist.
- Closest found: Nassau, 28 August 2024: search warrant at an Airbnb advertising psilocybin therapy as part of a retreat; mushrooms seized; two Dutch nationals arrested. (Eye Witness News (Bahamas), 29 Aug 2024)
- Closest found: Same case: Health Minister confirmed no licence and ordered the facility shut down. (Eye Witness News (Bahamas), 29 Aug 2024)
Not yet verified
An earlier version of this table, compiled from secondary sources, also covered these. We have not found a citation we would stand behind, so they carry no status here until we do: Australia: MDMA; Austria: psilocybin; Bolivia: psilocybin; Brazil: ibogaine; British Virgin Islands: psilocybin; Canada: ibogaine; Canada: ketamine; Canada: MDMA; Canada: mescaline (peyote); Colombia: psilocybin; Czech Republic: LSD; Finland: psilocybin; Gabon: ibogaine; Germany: LSD; Italy: psilocybin; Mexico: 5-MeO-DMT; Nepal: psilocybin; Netherlands: 5-MeO-DMT; Netherlands: ibogaine; New Zealand: ibogaine; New Zealand: psilocybin; Norway: psilocybin; Portugal: ibogaine; Portugal: LSD; Samoa: psilocybin; South Africa: psilocybin; Switzerland: LSD; Switzerland: psilocybin; Thailand: psilocybin; United Kingdom: ketamine; United Kingdom: LSD; United States: ayahuasca (church exemptions); United States: ketamine; United States: LSD; United States: MDMA; Uruguay: psilocybin; California, United States: city-level psilocybin measures. Send us a primary source.
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