Psilocybin, the psychoactive substance in magic mushrooms, is a controlled drug under the Controlled Drugs and Substances Act. While it is illegal to sell or grow these mushrooms, are magic mushrooms legal in Canada?
The mushrooms are often referred to as golden tops, blue meanies, and liberty caps. They have similar appearances to poisonous mushrooms and can cause adverse reactions when ingested.
What are Magic Mushrooms?
Psilocybin mushrooms (also referred to as psilocin or magic mushrooms) are an informal group of mushroom-forming fungi that contain the psychedelic substance psilocybin and produce hallucinogenic effects when consumed. The mushrooms are also known as golden tops, blue meanies and liberty caps and can be eaten fresh or dried and brewed into a tea.
Generally speaking, psilocybin and magic mushrooms are prohibited under the Controlled Drugs and Substances Act (CDSA) in Canada. They can be obtained legally, however, through Health Canada’s Special Access Program if physicians can prove they are appropriate and safe treatment options for specific patients with serious or life-threatening conditions.
Possession of magic mushrooms does not constitute a violation of the CDSA, but growing and selling them does. In a 1979 court case, R. v. Parnell, the British Columbia Court of Appeal ruled that simply possessing mushrooms (amanita muscaria) does not constitute a violation under the Act because they do not contain the controlled substance psilocybin in their natural state. However, when the spores germinate and the mushrooms form, they do contain psilocybin and thus fall under the Act’s prohibitions.

Psilocybin Mushrooms
It is still illegal in Canada to possess, grow or consume mushrooms that contain psilocybin. It is considered a Schedule III substance under the Controlled Drugs and Substances Act (CDSA).
However, there are several exemptions that allow people to work with magic mushrooms legally in Canada. One exception is through Health Canada’s Section 56 exemption or Special Access Program. This is an exception that allows people to work with psychedelic drugs like magic mushrooms for research purposes and medical treatments.
Another exception is for people who work with mushrooms to make spores. Spores do not contain psilocybin and are therefore legal to sell in Canada. This is because the spores are not alive when they are sold and will only become active once they germinate and grow into a mushroom.
Mushroom spores can also be sold legally for use in scientific research projects. For example, many universities in Canada have a research and development department that uses fungi to create spores for new strains of plants or animals. The spores can then be used to grow the plants for future generations.
It’s important to note that despite the exemptions, there are still risks associated with working with mushrooms. Just like any drug, there is a risk that you could experience negative side effects, such as having a “bad trip.” This is why it is crucial to be educated about the different types of mushrooms and what to expect when taking them.
Psilocybin Chocolate Bars
The popularity of psilocybin chocolate bars in Canada has been on the rise due to their delicious taste and potent effects. These edibles combine the rich flavours of chocolate with psychedelic mushrooms to create an unforgettable experience for users. However, it is important to consume these treats responsibly, and always start with a low dose to avoid any adverse side effects. It’s also recommended that new users consult with a medical expert, such as those at Philadelphia substance abuse programs, before taking these drugs.
Despite the legalization of cannabis, psilocybin remains a banned controlled substance in most areas. This makes it difficult for people who are interested in trying these psychedelic mushrooms to obtain them legally. However, a few companies are now offering products that allow people to enjoy these psychedelic mushrooms without breaking the law.
For example, the Montreal company FunGuyz offers a line of psychedelic mushroom chocolate bars that contain psilocybin. These chocolate bars are made of high-quality ingredients and can be purchased online. The company also offers other psychedelic products such as dried psilocybin and pills.
When you’re ready to try a psilocybin chocolate bar, make sure to choose one with a high customer rating and a clean product. This will ensure that you get a high-quality psilocybin experience without any unexpected side effects. It’s also a good idea to buy the chocolate bars from a trusted seller, as they’re more likely to comply with provincial and territorial laws regarding the sale of magic mushrooms.
Possession of Magic Mushrooms
Despite being technically illegal, Canadians who pick and sell magic mushrooms are rarely prosecuted for possession of the drug. First-time offenders typically receive a fine not much bigger than the cost of a traffic ticket. With the legalization of cannabis on the horizon, psilocybin’s days as a controlled substance appear to be numbered.
Conclusion
In the 1970’s, the Queen Charlotte Islands and Haida Gwaii became famous for their hallucinogenic mushrooms. Itinerant mushroom pickers came to the area from eastern Canada, the U.S, and Europe to pick the Liberty Cap mushrooms for personal use or to sell in Montreal or Vancouver to people who would take them home to eat. Local people also gathered these mushrooms for spiritual and medicinal purposes.
By the mid-1980’s, these mushroom picking trips were creating tensions in some communities. For example, some residents of Massett felt they were being harassed by itinerant mushroom pickers, and in one case a resident was arrested on psilocybin possession charges. A 1979 court decision ruled that simple possession of a mushroom does not constitute possession of the psilocybin it contains. This was followed by a similar ruling in Alberta in 1980.
Today, the only way to legally possess magic mushrooms in Canada is to have a medical prescription. Although psilocybin is listed as Schedule III under the Controlled Drugs and Substances Act, doctors, pharmacists, nurses, and psychologists can prescribe psilocybin for their patients.