Introduction

Businesses in Vancouver have been raided by the police for selling magic mushrooms. Police conducted seizures and may recommend criminal charges.

Owners of the affected businesses have stated that they have been operating their businesses for several years without issue and that their business licences have been renewed several times.

This blog will explore the answer to the question: what is the legal status of magic mushrooms in Canada?

What are “Magic Mushrooms”?

“Psilocybin mushrooms,” commonly known as “magic mushrooms,” “psychedelic mushrooms,” or simply “shrooms,” are fungi that contain the hallucinogenic compound psilocybin and psilocin. Magic mushrooms are often eaten (raw or cooked). They are also ground into powder, mixed with liquid, or swallowed in capsule form.

Magic mushrooms are being researched for potential therapeutic use in the treatment of mental health disorders, such as anxiety, depression, obsessive-compulsive disorder, trauma, and substance misuse. Its mechanisms and efficacy are not yet fully understood. Clinical trials are ongoing.

Ingesting magic mushrooms can induce visual, auditory, or tactile hallucinations. However, the experience may also involve adverse effects like anxiety, fear, nausea, muscle twitches, elevated heart rate, and increased blood pressure; the consumption of magic mushrooms may also trigger unsettling episodes referred to as “bad trips.”

What is the Legal Status of “Magic Mushrooms” in Canada?

Simply put: the production, sale, and possession of magic mushrooms are illegal in Canada.

In BC individuals are allowed to possess small quantities of opiates, MDMA, cocaine, and methamphetamine because of an exemption from the federal Minister of Health; however, psilocybin (the active ingredient in magic mushrooms) was not included in the exemption. This means that it is a criminal offence to possess, produce or sell magic mushrooms in any amount across Canada.

Are There Any Exceptions?

While Canada has not approved any psilocybin products for sale, there are three ways to access magic mushrooms legally:

  1. clinical trials;
  2. the Special Access Program; and
  3. an exemption from the Minister of Health.

Clinical trials allow persons to participate in ongoing research on the effects of psilocybin for scientific purposes. Psilocybin is legally provided as part of the trial.

Healthcare professionals can request access to psilocybin on behalf of a patient through Health Canada’s Special Access Program. Individuals who are not healthcare professionals are not permitted to make a request.

Individuals may request an exemption from the Minister of Health. Requests are evaluated based on factors including:

  • clinical trial availability;
  • the relevant medical condition;
  • existing scientific evidence;
  • consideration of conventional therapies;
  • healthcare practitioner support;
  • adherence to public health and safety objectives;
  • compliance with applicable federal, provincial, and municipal laws; and
  • the evaluation of risks.

Previous blog on House Arrest

Recent Developments in Vancouver

In the past year, there has been some discussion regarding magic mushroom dispensaries in Vancouver. Around March 2024, Green Party Vancouver city councillors voted to overturn a ban on a Vancouver mushroom dispensary’s business licence that was raided by police last year. While the move was condemned by the mayor and leader of the majority ABC party, it reflects an increasing willingness to challenge the existing ban on psilocybin, especially when businesses are operating openly and with support from parts of the community. However, having a business licence to operate in a municipality does not make the possession, production and sale of psilocybin legal; it is a federally regulated substance and remains illegal in Canada under the Controlled Drugs and Substances Act. In other words, the issuance, or re-issuance, of a municipal business licence does not make the possession, production or sale of magic mushrooms legal.

In April 2024, two Green Party of Vancouver City Council members pushed further with a proposal to create a regulatory framework for retail stores selling magic mushrooms. The proponents of the motion advocated for regulation as a harm-reduction strategy similar to cannabis. The ABC majority voted against the proposal. Mayor Ken Sim stated that such matters should be handled federally, citing public health concerns and insufficient clinical evidence. Regardless of the outcome, the Constitution of Canada (the Constitution Act, 1867) does not provide a city in Canada with the jurisdiction to decriminalize a controlled substance. The criminal law is the exclusive jurisdiction of the federal government.

As of 2024, magic mushrooms remain illegal in British Columbia and Canada. Despite their illegal status, several mushroom dispensaries continue to operate in Vancouver. Some estimates suggest up to 20 such dispensaries were operating in the city in early 2024.

Recent Developments in Vancouver

While recent developments in Vancouver have seen some city officials advocating for regulating magic mushroom dispensaries, the sale, production, and possession of magic mushrooms continue to be illegal in Canada under the Controlled Drugs and Substances Act. There are minimal exceptions as part of clinical trials, the Special Access Program, or an individual exemption from the Minister of Health.

If you have been charged or are being investigated with an offence involving magic mushrooms or any drug, contact the experienced lawyers at Filkow Law for legal assistance.