The short answer: No, they are not legal. 
Are you going to get arrested for having magic mushrooms? No.
We have sent thousands and thousands of packages without issue.

First, a disclaimer: for legal advice, speak to a lawyer, not an article. What follows is the lay of the land as we understand it.

From the Government of Canada’s perspective, drugs are controlled through the Controlled Drugs and Substances Act (CDSA), and psilocybin, the active compound in magic mushrooms, is listed under Schedule III. Possession, sale and production are illegal unless Health Canada grants a licence or an exemption. One could stop there and say magic mushrooms are illegal, but that is 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) Licensed companies have been growing legal magic mushrooms under Health Canada licence since 2020.

Medical access is slowly opening. Since January 2022, Health Canada’s Special Access Program has allowed physicians to request psilocybin for patients with serious conditions where other treatments have failed, with roughly three hundred approvals granted in its first few years. Outside that program, individual section 56 exemptions technically exist but are basically impossible to get: the vast majority of applications are refused. The courts have started to push back, though. In 2025, the Federal Court of Appeal sided with healthcare practitioners seeking to train with psilocybin and ordered Health Canada to reconsider their exemption requests (source), and Alberta became the first province to regulate psychedelic-assisted therapy.

In Vancouver, the city council decided not to spend policing effort on magic mushrooms, and many dispensaries now operate openly across the city, much as 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.” (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, and maybe one of the biggest signs of change is that even the police themselves have supported decriminalizing personal possession (source).

Recent Developments (2025–2026)

In June 2025, the Federal Court of Appeal in Toth v. Canada, 2025 FCA 119 reversed the lower court’s dismissal of a claim by health care practitioners seeking a Charter right to use psilocybin for training purposes via s. 56 exemptions.

In October 2025, an Ontario court dismissed a Notice of Constitutional Question challenging the federal psilocybin prohibition on freedom-of-thought grounds under s. 2 of the Charter (lead counsel’s responding analysis here).

In November 2025, Health Canada issued a s. 56(1) class exemption permitting participants in authorized clinical trials to take home and self-administer psilocybin or MDMA.

In June 2026, Conservative MP Corey Tochor introduced Bill C-286, a private member’s bill that would effectively legalize medical psilocybin by allowing physicians to prescribe it without case-by-case Health Canada approval. Per CBC, Health Canada has issued just 354 psilocybin authorizations since January 2022, a useful statistic illustrating current legal access.

More information can be found at: 
www.psychedeliclaw.ca

The same shift is happening around the world, and it is running through medicine. Australia now allows authorized psychiatrists to prescribe psilocybin, Oregon runs licensed psilocybin service centers, Colorado opened its healing centers in 2025, and New Mexico passed a medical psilocybin program the same year.

Big changes are happening, and we are excited to be part of them.