Magic Mushrooms and Depression: Everything You Need to Know 2021

Magic Mushrooms and Depression
Magic Mushrooms and Depression

Answered on this page:

  • What are Magic Mushrooms?
  • What is Depression?
  • Do Magic Mushrooms Help with Depression?
  • How Do Magic Mushrooms Help with Depression?
  • Which Magic Mushrooms Work for Depression?
  • Can Magic Mushrooms Cure Depression?

Over the past five years, researchers in Canada and the United States have changed the public narrative around psychedelic substances with revolutionary new research into the potential of magic mushrooms as a treatment for depression. 

The legal landscape for magic mushrooms is also changing, with several U.S states pushing for legalization or decriminalization and Health Canada having granted 24 legal exemptions for end-of-life psilocybin therapy since August of 2020.

As a result of these changes, Canadians are increasingly curious about the possibility of treating symptoms of depression with magic mushrooms – but can we be sure that it works?

If you’re interested in learning more about the connection between magic mushrooms and depression in 2021, we’ve got you covered. We’ve created this guide to bring you up-to-date on the most current clinical investigations into treating depression with magic mushrooms. 

We’ll start with a short overview of both magic mushrooms and depression, defining the terms that are most important in this article. Next, we’ll review findings from five key studies on magic mushrooms and depression to get a better understanding of whether magic mushrooms can really make a difference. Following that, we’ll look at more research that tries to explain how magic mushrooms work in the brain to influence mood and emotions. Finally, we’ll answer some of the most frequently asked questions about magic mushrooms and depression in 2021.

Let’s dive right in!

<Hey Reader! We just wanted to take a second to remind you that we’re not your doctor. We’ve done our due diligence in creating this educational article and provided links to every study we reference, but this article is not medical advice and should not be taken as such. If you need medical advice, talk to your doctor!>

What are Magic Mushrooms?

Magic Mushrooms and Depression
Magic Mushrooms and Depression

Magic mushrooms are a family of mushrooms that contain the hallucinogenic compound known as psilocybin.

Because of their hallucinogenic properties, magic mushrooms have been used in religious, healing, and divine rituals throughout human history, dating back to at least 6,000 years ago. The Aztec people of Mexico and Central America, who referred to psilocybin mushrooms as “the divine mushroom”, consumed it during religious and civic ceremonies.

Knowledge of magic mushrooms spread around the world during the 1960s as westerners engaged in spiritual tourism trips to Mexico where they would take magic mushrooms in ritualistic ceremonies with indigenous peoples. It was soon discovered that mushrooms containing psilocybin grow naturally on all six continents.

Consuming psilocybin mushrooms has been observed to produce a variety of sensory and emotional effects, including:

  • Visual and auditory hallucinations,
  • Altered perception of time and space,
  • Altered perception of tactile and sensory stimulation,
  • Muscle relaxation and dilated pupils,
  • Reduced concentration.

In addition to the hallucinogenic symptoms enjoyed by recreational and spiritual mushroom-lovers, new research has emerged that reveals more about the long-term emotional impacts of taking magic mushrooms (more on this later), including the potential impact for treating depression.

What is Depression?

Magic Mushrooms and Depression
Magic Mushrooms and Depression

Depression is a common mood disorder and the world’s leading cause of disability, with over 264 million people affected around the world. 

Depression is not the same as occasional mood fluctuations or emotional responses to life’s daily challenges – episodes of depression are often longer-lasting and result in more severe symptoms that may include:

  • Increased aggressiveness or irritability,
  • Increased anxiety or restlessness,
  • Unpredictable mood swings,
  • Disrupted or erratic sleep patterns,
  • Reduced sexual desire or lack of performance,
  • Feelings of despair and hopelessness,
  • Physical symptoms such as chronic pain, headaches, digestive problems, or chronic fatigue,
  • Lack of productivity and low self-esteem,
  • Slowed speech and cognition,
  • Reduced appetite, leading to weight loss, or increased cravings for food that result in weight gain,
  • Behavior changes, such as loss of energy or initiative, no longer enjoying favorite activities, self-medicating with harmful drugs or alcohol, and suicidal ideation.

Despite the high number of people suffering from depression in the world today, researchers still haven’t nailed down exactly why some people experience depression and others don’t. Family history seems to play a role, as people with a family history of mood disorders are more likely to develop a mood disorder themselves. 

Early childhood trauma, individual variations in brain structure, a history of drug use, and some medical conditions like ADHD or insomnia have all been associated with the onset of depressive symptoms.

Depression on its own can cause a tremendous amount of suffering. If left untreated, depression can worsen over time, potentially leading to substance abuse issues or problems with professional and interpersonal relationships. In the worst cases, individuals with depression may socially isolate themselves and engage in self-harm or suicidal ideation.

All of this is to say that depression is a truly terrible disorder, one that we should be addressing with every tool available to improve the lives of Canadians who are suffering.

Now let’s take a look at how that might be possible with the help of magic mushrooms.

Do Magic Mushrooms Help Depression?

Research into the potential therapeutic benefits of magic mushrooms began in the early 1960s, but came to an abrupt halt in 1970 when the United States Controlled Substances Act listed psilocybin and other psychedelics as banned substances, excluding them from further studies due to a lack of perceived benefits.

Eventually, in the year 2000, after three decades of zero development in our scientific knowledge about psilocybin, researchers at Johns Hopkins University were given permission to administer high doses of psilocybin to healthy and willing participants. The resulting study was published in 2006, opening the door to further investigation into psilocybin, including its therapeutic properties for treating depression. 

Research conducted in the past five years indicates that magic mushrooms may be quite effective at treating depression in a variety of contexts, including treatment-resistant depression, end-of-life depression, and major depressive disorders. 

Below, we highlight the five most significant studies into magic mushrooms and depression, and what they reveal about the powerful therapeutic properties of psilocybin.

  1. Psilocybin with psychological support for treatment-resistant depression: an open-label feasibility study.

Authors: Robin L. Carhart-Harris, Mark Bolstridge, James Rucker, Camilla M. J. Day, David Erritzoe, Mendel Kaelen, Michael Bloomfield, James A. Rickard, Ben Forbes, Amanda Feilding, David Taylor, Steve Pilling, Valerie H. Curran, and David J. Nutt.

Journal of Publication: The Lancet.

Date Published: July 2016.

Overview: This was one of the first studies conducted into magic mushrooms and depression, led by Dr. Robin L Carhart-Harris of the Faculty of Medicine at London’s Imperial College. The goal of this research was to investigate the feasibility, safety, and effectiveness of using psilocybin as a therapy for treatment-resistant depression.

Key Findings: This study involved 12 patients who suffered from treatment-resistant depression. The 12 patients were given two doses of psilocybin: a 10mg dose to start, and another 25mg dose after 7 days. Researchers observed no unexpected adverse events among the patients, indicating that the drug was well-tolerated and could be safely administered. One week after the second dosage, patients were observed to have reduced symptoms of depression and anxiety, along with a heightened capacity to experience pleasure.

  1. Psilocybin produces substantial and sustained decreases in depression and anxiety in patients with life-threatening cancer: A randomized double-blind trial.

Authors: Roland R. Griffiths, Matthew W. Johnson, Michael A. Carducci, Annie Umbricht, William A. Richards, Brian D. Richards, Mary P. Cosimano, and Margaret A. Klinedinst.

Journal of Publication: Journal of Psychopharmacology.

Date Published: November 30th, 2016.

Overview: This study and the next one on our list were published side-by-side in the same issue of the Journal of Psychopharmacology. The goal of this study was to evaluate the treatment potential of psilocybin therapy for patients with a life-threatening cancer diagnosis.

Key Findings: This study involved 51 patients, all of whom were experiencing psychosocial distress following a life-threatening cancer diagnosis. The study investigated the impacts of both low-dose (1 or 3 milligrams per 70kg of bodyweight) and high-dose (22 or 30 milligrams per 70kg of bodyweight) psilocybin treatments. It was found that participants who received a high dose of psilocybin showed a decrease in both self-reported and clinically-evaluated depression and anxiety. Other benefits such as increased quality of life, a stronger sense of meaning in life, greater optimism, and reduced anxiety about death were also reported.

  1. Rapid and sustained symptom reduction following psilocybin treatment for anxiety and depression in patients with life-threatening cancer: a randomized controlled trial.

Authors: Stephen Ross, Anthony Bossis, Jeffrey Guss, Gabrielle Agin-Liebes, Tara Malone, Barry Cohen, Sarah E. Mennenga, Alexander Belser, Krystallia Kalliontzi, James Babb, Zhe Su, Patricia Corby, and Brian L. Schmidt.

Journal of Publication: Journal of Psychopharmacology.


Date Published: November 30th, 2016.

Overview: This study was released in conjunction with the previous study in our list. The goal of this research was to evaluate the potential role of psilocybin as a treatment for cancer-related anxiety and depression.

Key Findings: This clinical investigation involved 29 patients who had been diagnosed with cancer and a cancer-related mood disorder – either anxiety or depression. Patients received either a single dose of psilocybin (0.3 milligrams per kilogram of bodyweight) or a placebo. The single dose of psilocybin was reported to reduce symptoms of anxiety and depression, while lessening cancer-related demoralization and improving spiritual wellbeing. A follow-up was conducted after 6.5 months where it was found that 60-80% of patients continued to show reduced depression and anxiety.

  1. Psilocybin for treatment-resistant depression: fMRI-measured brain mechanisms.

Authors: Robin L. Carhart-Harris, Leor Roseman, Mark Bolstridge, Lysia Demetriou, J. Nienke Pannekoek, Matthew B. Wall, Mark Tanner, Mendel Kaelen, John McGonigle, Kevin Murphy, Robert Leech, Valerie H. Curran, and David J. Nutt.

Journal of Publication: Nature.

Date Published: October 13th, 2017.

Overview: This study of magic mushrooms and depression used functional magnetic resonance imaging (fMRI) to analyze changes in cerebral blood flow and other physiological markers for patients being treated with psilocybin. The purpose of this study was to investigate the therapeutic mechanism by which psilocybin treats depression and anxiety. 

Key Findings: This study involved 19 patients, but the research team was only able to collect quality results from 16 of them. Patients in the study were given two doses of psilocybin 7 days apart – the first one a 10mg dose, and the second one a 25mg dose. 

Researchers observed that all 19 patients showed signs of decreased depressive symptoms one week after treatment, though just 47% of participants showed enduring benefits after five weeks. Researchers came up with the term “after-glow” to describe the period after treatment during which patients experienced stress reduction along with improvements to mood and general wellbeing.

Overall, psilocybin treatment was found to produce rapid and ongoing anti-depressant effects. fMRI scans completed after treatments showed decreased cerebral blood flow in the amygdala, the part of the brain responsible for driving the stress response. This reduction in blood flow correlated with reduced symptoms of depression.

  1. Effects of Psilocybin-Assisted Therapy on Major Depressive Disorder: A Randomized Clinical Trial.

Authors: Alan K. Davis, Frederick S. Barrett, and Darrick G. May.

Journal of Publication: JAMA Psychiatry.

Date Published: November 4th, 2020.

Overview: Published in November 2020, this study from researchers at Johns Hopkins School of Medicine is the latest investigatory paper with a focus on magic mushrooms and depression. The goal of this study was to investigate the therapeutic potential of psilocybin for patients suffering from a major depressive disorder.

Key Findings: This study involved 27 patients, but only 24 completed the entire treatment schedule and both follow-up assessments. Participants were administered two different dosages of psilocybin (20mg/70kg and 30mg/70kg) during two separate sessions of supportive psychotherapy. Following the two sessions, researchers conducted follow-up assessments with each patient, evaluating depressive symptoms with the latest diagnostic tools. 

This study ultimately found that magic mushrooms were an effective treatment for major depressive disorder when combined with supportive psychotherapy. 

Research Summary

Taken together, these studies constitute a strong body of evidence for the therapeutic benefits of magic mushrooms in treating depression. Researchers have clearly demonstrated that patients with symptoms of depression who take psilocybin in the right context are likely to experience a reduction in those symptoms, along with other positive benefits.

In the 2017 study conducted by Carhart-Harris and friends, we saw that psilocybin therapy could lead to decreased blood flow in the amygdala, suggesting a possible mechanistic link between psilocybin and reduced depression. In the next section, we’ll take a closer look at research papers exploring the following question: How do magic mushrooms work mechanistically to relieve symptoms of depression?

How Do Magic Mushrooms Help with Depression?

Magic Mushrooms and Depression
Magic Mushrooms and Depression

So far, the available research indicates that magic mushrooms can have a lasting impact when it comes to reducing symptoms of depression and anxiety. 

Now, researchers are working hard to develop a better understanding of the underlying mechanisms at work when treating depression with magic mushrooms. Understanding how psilocybin works in the body and the brain to reduce depression will allow clinicians and medical professionals to develop stronger treatment protocols that maximize the potential of psilocybin therapy.

Below, we summarize some of the key findings from current research investigating how magic mushrooms help with depression.

  1. Neural correlates of the psychedelic state as determined by fMRI studies with psilocybin

Authors: Robin L. Carhart-Harris, David Erritzoe, Tim Williams, James M. Stone, Laurence J. Reed, Alessandro Colasanti, Robin J. Tyacke, Robert Leech, Andrea L. Malizia, Kevin Murphy, Peter Hobden, John Evans, Amanda Feilding, Richard G. Wise, and David J. Nutt.

Journal of Publication: Proceedings of the National Academy of Sciences (PNAS).

Date Published: February 7th, 2012.

Overview: This study, conducted by a team of researchers from throughout Europe and the UK, was one of the first to use neuroimaging to understand the transition between normal consciousness and the psychedelic state. The goal of this study was to better understand how psilocybin works in the brain.

Key Findings: This study used neuroimaging techniques to monitor the effects of psilocybin in the brain for a group of 30 patients. The main finding in the study was that psilocybin decreased cerebral blood flow in the posterior cingulate cortex (PCC) and decreased positive coupling between the PCC and the medial prefrontal cortex (mPFC). The size of this decrease was directly correlated to the subjective hallucinogenic effects of psilocybin. 

Activity in the mPFC is known to be elevated during depression, so the deactivation of the mPFC by psilocybin seems to indicate a possible mechanism for relieving depression via psilocybin therapy.

  1. The mixed serotonin receptor agonist psilocybin reduces threat-induced modulation of amygdala connectivity.

Authors: Rainer Kraehenmann, André Schmidt, Karl Fristone, Katrin H. Preller, Erich Seifritz, and Franz X. Vollenweider.

Journal of Publication: NeuroImage: Clinical.

Date Published: August 22nd, 2015.

Overview: At the time of this study, researchers were already aware that psilocybin therapy seemed to reduce blood flow to the amygdala, potentially accounting for the mood-enhancing effects of magic mushrooms. The goal of this study was to understand more about the influence of psilocybin on threat-processing in the brain.

Key Findings: This study was conducted by analyzing neuroimaging data that was collected from patients during a previous experiment. The analysis ultimately showed that psilocybin decreased threat sensitivity in the visual cortex by activating a special type of serotonin receptor that helps reduce activity in the amygdala. This process suppresses the processing of negative stimuli and enhances the processing of positive stimuli, a mechanism which may explain the mood-improving effects of psilocybin therapy.

  1. Patients’ accounts of increased “connectedness” and “acceptance” after psilocybin for treatment-resistant depression.

Authors: Rosalind Watts, Camilla Day, Jacob Krzanowski, David J. Nutt, and Robin L. Carhart-Harris.

Journal of Publication: Journal of Humanistic Psychology.

Date Published: June 19th, 2017.

Overview: While other investigations into the mechanisms by which psilocybin can moderate depression have focused on neuroimaging techniques, this study focuses on how patients experience the therapy and the long-term emotional impacts that result. The goal of this study was to better understand how patients perceive the value of magic mushrooms as a treatment for depression.

Key Findings: This study involved 20 patients who received psilocybin therapy treatments and were interviewed about their experiences. Patients identified two emotional changes that were brought on by the therapy and believed to help with symptoms of depression:

  1. Increased feelings of connectedness – Patients who previously reported feeling disconnected from themselves, others, and the world, said that they felt a stronger overall sense of connectivity after undergoing psilocybin therapy.
  2. Increased feelings of acceptance – Patients who previously reported avoidant and detached behaviors with respect to their own emotions said that they felt a pervasive sense of acceptance of their emotional state and reported decreased avoidant behaviors.

These findings seem to indicate that psilocybin treatment can produce emotional and behavioral changes that combat symptoms of depression. Patients also reported that while other treatments like talk therapy reinforced their feelings of disconnectedness and habit of emotional avoidance, psilocybin therapy seemed to have the opposite effect.

  1. Quality of acute psychedelic experience predicts therapeutic efficacy of psilocybin for treatment-resistant depression.

Authors: Leor Roseman, David J. Nutt, and Robin L. Carhart-Harris.

Journal of Publication: Frontiers in Pharmacology.

Date Published: January 17th, 2018.

Overview: Researchers conducting this study believed that the quality of a therapeutic experience involving psilocybin could be highly predictive of long-term mental health improvements. The purpose of this study was to test this belief using data from patients who received psilocybin treatments for treatment-resistant depression.

Key Findings: This study ultimately revealed a strong connection between the quality of psychedelic experiences in the context of psilocybin therapy and the overall impact on mental health. This finding indicates that clinicians should be able to maximize patient outcomes by optimizing their therapy protocols to deliver a more intense, profound, and psychologically transformative experience.

Research Summary

While the exact mechanisms that underlie the reduction of depression symptoms via psilocybin therapy are not totally clear, researchers have identified several factors that play a role. 

We’ve identified that psilocybin acts on special serotonin receptors in the brain known as 5-HT2A receptors. We know that this process seems to decrease activity in both the amygdala and the medial prefrontal cortex, which serves to mitigate the fight-or-flight response and make patients less reactive to negative stimuli (and more reactive to positive ones). 

We also know that emotional experiences can play a role in reducing depressive symptoms, especially when patients have high-quality experiences that enhance their sense of connectedness and acceptance of their own emotions.

Still, there’s plenty of additional research to be done before we can fully understand why magic mushrooms seem to work so well for treating depression.

Magic Mushrooms and Depression FAQ

Before we wrap up, we just want to quickly address some of the most common questions that come up during conversations about magic mushrooms and depression.

What is treatment-resistant depression?

The most common treatments for depression include antidepressants like Prozac and Zoloft, along with various forms of psychotherapy. These treatments work for many people suffering with depression – but they do not work for everyone. 

You may be diagnosed with treatment-resistant depression if your symptoms fail to improve after receiving psychotherapy or taking antidepressants. When this is the case, a clinician may pursue additional treatment options in hopes of mitigating your symptoms and improving your quality of life.

Which magic mushrooms are the best for treating depression?

There are many different species of magic mushrooms that grow in the wild – so which one is the best for treating depression?

In a way, this is the wrong question.

It isn’t the mushrooms themselves that treat the depression – it’s the hallucinogenic compound psilocybin that seems to produce the positive effects. In most studies, patients are administered a purified form of psilocybin either orally or intravenously without ever seeing a mushroom. 

Based on our review of the available research, a dosage of 20-30 milligrams of psilocybin per 70kg of body weight seemed to produce good results for most people.

Can magic mushrooms cure depression?

Whether magic mushrooms can cure your depression depends on a variety of factors, such as the underlying causes of your depression, the quality of your psychedelic experiences, the overall quality of your treatment program, and the dosage of psilocybin that you receive. 

While there’s no guarantee that taking magic mushrooms will cause your depression to permanently vanish, there’s plenty of evidence that psilocybin therapy often results in the long-term reduction of depressive symptoms and improved quality of life.

Summary

Thanks for reading all the way to the end!

Here’s a quick summary of everything we covered:

  • Researchers have found magic mushrooms to be effective in the treatment of end-of-life depression, major depressive disorder, and treatment-resistant depression.
  • Researchers are still unsure of how exactly psilocybin works to decrease depressive symptoms, although several mechanisms have been evaluated and proposed.
  • The effectiveness of psilocybin therapy depends on the quality of the experience, so there’s plenty of room for clinicians to develop strong treatment protocols that enhance therapeutic outcomes.

Based on these findings, we’re tremendously excited for what the future holds and the incredible potential of magic mushrooms to treat depression and other mental disorders. We hope you are too!

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Magic Mushrooms and Canadian Law: Everything You Need to Know

Answered on this page:

  • When did magic mushrooms first appear in Canada?
  • When were magic mushrooms made illegal in Canada?
  • Are magic mushrooms illegal in Canada today?
  • How are magic mushroom laws enforced in Canada?
  • What does the future hold for magic mushrooms in Canadian law?

New research has Canadians increasingly interested in the potential medicinal benefits of magic mushrooms and their active ingredient, the hallucinogenic compound psilocybin. Recent studies indicate that taking magic mushrooms under the right conditions can produce positive personality changes, help treat addictions, and reduce (or even eliminate) symptoms of depression.

We know millions of Canadians are struggling with depression and addictions, especially during the COVID-19 pandemic, so what’s preventing more Canadians from taking advantage of the potential benefits of magic mushrooms? For many, it’s the relationship between magic mushrooms and Canadian law. 

The legal status of magic mushrooms in Canada is going through a period of intense change, but don’t worry if you’re having trouble keeping up – we’ve got you covered.

This article will explain everything you need to know about magic mushrooms and Canadian law. We’ll start with a primer on the history of magic mushroom laws in Canada, review the current legal status of magic mushrooms in Canadian law, then look into the future and try and predict how Canada will be regulating magic mushrooms in the years and decades to come.

Note: We have to put a disclaimer here and let you know that we’re not your lawyer and this article is not legal advice. If you need legal advice, get a lawyer.

A History of Magic Mushroom Laws in Canada

Very few Canadians had ever heard of magic mushrooms before 1957, when Life Magazine published an article called “Great Adventures III: Seeking the Magic Mushroom” by Robert Gordon Wasson, an amateur mycologist. 

In the article, Wasson described his experience travelling to Oaxaca, Mexico and taking magic mushrooms with Mexico’s indigenous people known as the Mazatec. He claimed to be “the first white man in recorded history to eat the divine mushrooms”.

The article served as a roadmap that would lead countless Canadians, Americans, and Europeans to Mexico in the 1960s, in pursuit of the same hallucinogenic and spiritual experiences that Wasson had described. 

After these tourists returned home, they began to recognize pasture mushrooms in the local environment that were similar to those they encountered in Mexico – as it turns out, mushrooms with hallucinogenic properties occur naturally on every continent of the world.

Magic mushrooms began to be used in Canada in the mid-1960s. The first criminal seizure of magic mushrooms took place in Vancouver in 1965, when RCMP officers confiscated psilocybin-containing liberty cap mushrooms from a group of students at the University of British Columbia.

Magic mushrooms continued to grow in popularity through the hippie movement in the late 1960s and early 1970s. Liberty cap mushrooms grew abundantly in the pastures, meadows, and fields of British Columbia, attracting thousands of pickers from across the country. 

Pickers would arrive in autumn when the mushrooms were in season, establishing tent cities around the most productive areas and often committing petty crimes like trespassing or property damage to access liberty caps growing on private land. Magic mushrooms were still technically legal in Canada, but the practices around accessing the mushrooms were often illegal or disruptive to the community.

While disruptive mushroom pickers may have created problems for local police, they may not have influenced the development of Canadian Law as much as a single document from the United Nations: the Convention on Psychotropic Substances, 1971. This was an International treaty where 71 states agreed to participate in a worldwide program to limit the availability of psychotropic substances to the general public and restrict the use of psychotropics to medicinal and scientific settings. 

The 1971 Convention listed psilocybin as a Schedule I drug, the most restrictive designation possible. Schedule I drugs were characterized as having a high potential for abuse and no known therapeutic value, a description that no longer seems to suit magic mushrooms. Ultimately, the convention on psychotropic substances influenced how Canada, as well as other countries, wrote laws to govern the use of psychotropics. In many cases, complying with the convention meant banning psychotropic substances like magic mushrooms entirely, often without complete knowledge of their effects – either positive or negative.

Predictably, magic mushrooms were prohibited in Canada in 1974, by their addition to the Food and Drug Act – sort of. In fact, the government of Canada added the compound Psilocybin to the Food and Drug Act – not the mushrooms themselves (this becomes important later). Between 1974 and 1979, approximately 350 individuals were convicted under the Food and Drug Act for possessing magic mushrooms.

Then, in 1979, the British Columbia Court of Appeals ruled that possession of magic mushrooms in their natural state (freshly picked and not dehydrated) did not constitute possession of psilocybin. For three years, between 1979 and 1982, magic mushrooms were completely legal in Canada and pickers rejoiced.

But their joy was short-lived, as a 1982 decision from the Canadian Supreme Court would overrule the B.C. Court of Appeals decision, stating that possession of magic mushrooms in their raw form did actually constitute possession of psilocybin. Magic mushrooms were illegal in Canada once again and would remain illegal for decades to follow.

Magic Mushrooms in Canada: What Does the Law Say Today?

Magic mushrooms are still under prohibition in Canada, although recent legislative changes indicate that this could change in the near future. Still, our review of magic mushrooms and Canadian law would be incomplete without a thorough analysis of how mushrooms and psilocybin are regulated in Canada today. 

Here’s everything you need to know.

Magic Mushrooms are Regulated Under the Controlled Drugs and Substances Act

Magic mushrooms are not explicitly mentioned in the Controlled Drugs and Substances Act (CDSA). However, Psilocybin, the active ingredient in mushrooms, belongs to the list of Schedule III controlled substances which includes other recognized psychotropics, such as:

  • Methylphenidate (Ritalin/Concerta, used to treat ADHD)
  • Lysergic acid diethylamide (LSD)
  • Mescaline (Hallucinogenic, occurs naturally in Peyote cactus)
  • Dimethyltryptamine (DMT, a hallucinogenic compound produced by the human brain and associated with dreaming)

Possession of magic mushrooms in their natural state is still considered to constitute possession of psilocybin. The CDSA even states that any reference it makes to a controlled substance also includes a reference to any substance containing the controlled substance. 

Thus, all of the laws which apply to Schedule III controlled substances may be applied to psilocybin itself or to magic mushrooms in any form that contain psilocybin

Possession of Magic Mushrooms is Regulated in Canada

The CDSA prohibits anyone in Canada from possessing psilocybin or magic mushrooms except as authorized under Canadian law. Medical practitioners such as doctors, lawyers, or veterinarians, may be authorized under the regulations to prescribe psilocybin treatments to their patients. 

Patients seeking a prescription for magic mushrooms from a practitioner are required by law to disclose any other acquisitions of drugs in Schedule I, II, III, or IV, along with any prescriptions received for such substances in the past 30 days.

Selling of Magic Mushrooms is Regulated in Canada

The CDSA prohibits anyone from possessing magic mushrooms for the purpose of trafficking them to others.

Importing/Exporting Magic Mushrooms is Regulated in Canada

The CDSA prohibits anyone from importing or exporting magic mushrooms except as authorized under Canadian regulations.

Growing Magic Mushrooms is Regulated in Canada

The CDSA prohibits anyone from producing magic mushrooms in Canada.

How Are Magic Mushroom Laws Enforced in Canada?

The general trend in Canada is that enforcement of drug crimes is declining. The number of yearly arrests for drug-related offences has dramatically dropped by 30% in the last 5 years, as documented by Statistics Canada.

  • In 2015, police arrested 99,827 Canadians for drug-related offences.
  • In 2016, police made a total of 95,417 arrests in Canada for drug-related offences, 46% of which were for cannabis possession.
  • In 2017, the total number of arrests fell to 90,625 and just 42% were for cannabis possession.
  • In 2018, the total number of arrests fell again, this time to 84.927, driven in part by the legalization of cannabis in October same year. Still, cannabis-related offences accounted for 43% of all arrests.
  • In 2019, Canadian police made just 70,140 drug-related arrests and just 24% were related to cannabis.

And where were magic mushrooms in all this? Well, the Vancouver City Council recently voted to strike down a motion to crack down on magic mushroom vendors. We can also look to the emergence of new Psychedelics companies such as Numinus – the first Canadian company legally harvesting magic mushrooms.

There are many other promising developments in these areas, and arrests for possession rarely result in any major penalties for those with clean criminal records.

As a result of these considerations, the courts tend to show leniency to first-time offenders with a clear record, especially in cases of simple possession where the penalty for a first-offence is sometimes just a fine of $250-500.

Magic Mushrooms and Canadian Law: Indications of a Bright Future

Historically, the courts haven’t always agreed on whether magic mushrooms should be illegal in Canada. 

What’s also clear is that the Canadian lawmakers who pushed for prohibition were unaware of the medicinal benefits of psilocybin that have been uncovered by modern research into psychedelic substances. 

But now that those benefits are coming to the surface, we’re seeing our government and our courts change their stance on magic mushrooms. Just like when cannabis was legalized, we’re starting to see “soft changes” in how magic mushrooms are regulated that could ultimately lead to decriminalization and more widespread usage in the future. 

Below, we highlight some of the critical milestones that have been reached in the past five years for the legal status of magic mushrooms in Canada.

Magic Mushrooms are Openly Sold Online

Despite their questionable legal status, magic mushrooms are openly sold online in Canada. Digital dispensaries sell a variety of shroom products to Canadians over 19 years of age, with or without a medical prescription. The authorities know about these dispensaries but have chosen to focus their limited resources on criminal activities involving more harmful drugs.

Vancouver City Council Killed Motion to Crack Down on Psilocybin Sales

The lack of political will to prosecute Canadians for magic mushrooms has never been more clearly evident than it was on September 11th, 2019, in a meeting of the Vancouver city council.

This was when Councillor Melissa De Genova filed a motion with the title: “Deterring and Preventing the Distribution and Sale of Psilocybin Mushrooms and/or Other Illicit or Controlled Drugs Unlawfully Sold in the City of Vancouver”.

Breaking the fourth wall here for a moment, I can honestly say that I have never witnessed any occurrence of a government body who introduced a motion on whether or not it should enforce the de facto laws of the land. Why should politicians need to file a motion that mandates police to do their job? Aren’t the police already mandated to do their job?

The truth is that the police are too busy dealing with the impacts of hard drugs like opioids to bother chasing people around for magic mushrooms, especially now that they’ve been associated with positive health benefits for so many people. 

In any case, other councillors characterized the motion as “anti-drug hysteria” and it was defeated in a 6-2 vote.

Magic Mushroom Growing Kits and Spores are Legal

While the practice of cultivating magic mushrooms is technically illegal, magic mushroom spores and growing kits may be purchased in Canada, both in stores and online. It is not explicitly legal to purchase these kits, but nowhere is it prohibited and the kits themselves do not contain any psilocybin. 

It may be illegal under 7.1(1) of the CDSA to sell mushroom growing kits, as they will be used to produce a controlled substance, however, the sale of mushroom kits is a common and generally tolerated practice.

Magic Mushrooms Approved for Palliative Patients

In April of 2020, four Canadians in palliative care with terminal illnesses petitioned the Canadian Health Ministry for a legal exemption that would allow them to use magic mushrooms to relieve the depression and anxiety associated with dying. 

On August 4th, it was revealed that their request had been granted and they would be the first four people to legally use magic mushrooms in Canada since the Supreme Court decision of 1982, a period of 28 years. Since then, at least 7 other legal exemptions have been awarded for psilocybin use, including at least 1 exemption for a non-palliative case.

Ministry of Health Supports Research into Psychotropics

At the beginning of this article, we talked about some of the research that has uncovered new benefits of magic mushrooms that were previously not known. 

The promising results obtained in these studies have led Health Canada to hand out more legal exemptions to health professionals who wish to conduct research and develop therapies involving psilocybin. 

In December 2020, Health Canada granted 16 exemptions to a selection of social workers and medical professionals. This gave them permission to possess and use psilocybin themselves, without the risk of legal consequences, for the purpose of developing new treatment protocols for patients.

Growing Magic Mushrooms Could Soon Be Legal for Medicinal Purposes

In the year 2000, the Ontario Court of Appeals determined that Canada’s anti-cannabis laws were unconstitutional because they did not provide an exemption for medical use. 

This, the court said, violated the individual’s right to “life, liberty, and security of the person” as outlined in Section 7 of the Canadian Charter of Rights and Freedoms.

The legal precedent established here is essentially that the government shouldn’t prohibit a private citizen from being prescribed a medicine that can improve their quality of life. This designation might not have applied to magic mushrooms six or seven years ago, but with the new research and developments we’re seeing, it sure seems to apply today. 

If precedent holds, it could mean that Canadians have a constitutional right to access medicinal psilocybin or even to grow it for personal use.

Magic Mushrooms and Canadian Law: What’s Next?

It appears that magical mushrooms are on the same path to legality that cannabis started on in 2001.

While magic mushrooms are still technically illegal, individuals are rarely prosecuted for simple possession and penalties for first-time offenders usually consist of a fine that costs less than a traffic ticket.

The general trend of drug enforcement is on the decline and government bodies like the Vancouver City Council have voted not to ramp up enforcement activities against psilocybin dispensaries, both online and in the city.

It’s also important to look at what’s happening across the border. Magic mushrooms are still illegal the federal level in the United States, but simple possession has already been decriminalized in places like:

  • Ann Arbor, Michigan,
  • Denver, Colorado,
  • Oakland, California,
  • Santa Cruz, California,
  • Washington, D.C
  • Oregon

Magic mushrooms will be legal for use in supervised clinical settings in Oregon as of February, 2021.

In the future, we expect to see more legal exemptions for magic mushroom usage, both for medical professionals who wish to conduct studies and develop treatments and for private individuals who wish to enjoy the health benefits of psilocybin. 

More research is now being conducted into the health benefits of magic mushrooms than at any other time in our history. We believe this research will only yield additional evidence of the health benefits of magic mushrooms. As this body of evidence continues to grow, Canadians who claim the constitutional right to access medical psilocybin will start having their voices heard.

If all of the above holds true, the question isn’t “if” magic mushrooms will be legal in Canada one day – but “when?” and “how?”.

One path to legality involves the Federal government choosing to remove psilocybin from the list of Schedule III substances. This could depend very much on how Canadians vote: while Prime Minister Justin Trudeau has stated that he won’t consider decriminalizing drugs besides cannabis while he is in office, NDP leader Jagmeet Singh has publicly stated his intention to decriminalize all illegal drugs if elected. 

The other path is a successful constitutional challenge, alleging that Canadians have the right to grow and possess magic mushrooms for medical purposes. If we collectively assert our rights to life, liberty, and security of the person, our government should recognize that access to beneficial medicine, including psilocybin, is protected under the Canadian Charter of Rights and Freedoms.

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