The short answer. No.
Are you going to get arrested for magic mushrooms. no.
The long answer:
First, as a disclaimer, we should clarify that we recommend you seek legal advice from a lawyer, not from this article.
From the government of Canada perspective, all drugs are controlled legally through the Controlled Drugs and Substances Act (CDSA). Psilocybin is listed as a Schedule III controlled substance. Psilocybin is the hallucinogenic alkaloid, or in other words, the active ingredient in magic mushrooms. Possession, sale and production of psilocybin is illegal unless an exemption is given by Health Canada.
One could stop there and clearly say that magic mushrooms are illegal, but that’s not the complete picture.
There is a growing movement across Canada to change the course for Magic Mushrooms. Even the government of Canada website says “There is increasing interest in the potential therapeutic uses of psilocybin.” Source. Since 2020, companies such as Numinus are growing legal magic mushrooms under license from Health Canada.
In another example, you can legally buy magic mushroom spores and grow kits. This is legal as the psilocybin is not present until late in the growing cycle.
In Vancouver, the city council has decided not to enforce the laws surrounding magic mushrooms to instead focus their policing efforts elsewhere. They are allowing magic mushroom dispensaries in the same way cannabis dispensaries existed before legalization. As councillor Pete Fry said “We’re in a serious overdose crisis where we’ve heard people describe this as a medicine … research is ongoing to look at this as a drug therapy treatment for drug addiction,” he said. (source). In fact, the city has gone further than that and has “asked the federal government to exempt the city from part of the Controlled Drugs and Substances Act” (source). They aren’t the only ones. Montreal’s city council also voted to support decriminalization. NDP Leader Jagmeet Singh has come out and said, “I would call for the immediate decriminalization of all personal possession offences when it comes to drugs. Period.” (source)
Maybe one of the biggest signs of change is the fact that even the police themselves support decriminalization (source).
As you can see, big changes are happening across Canada and many believe those changes will happen soon.
We are excited to be part of them