Country-by-country legality of psilocybin, ayahuasca, and MDMA — Netherlands truffles, Portugal and Czech decriminalization, Jamaica and Costa Rica, Brazil and Peru, and Australia's prescribing program.
Nowhere, recreationally. Every country covered on this page restricts psychedelics to a specific, narrow carve-out rather than general legal access. What varies enormously is how that carve-out works: a retail loophole in the Netherlands, decriminalized possession in Portugal and the Czech Republic, an absence of scheduling in Jamaica and Costa Rica, formally recognized religious use in Brazil and Peru, or a narrow medical-prescribing program in Australia. None of these is the same as walking into a store and buying LSD or DMT, and none of them applies to every psychedelic — most cover one substance or one traditional-use context specifically.
For the US-specific breakdown of ketamine, psilocybin, ayahuasca, and the FDA pipeline, see what psychedelics are legal in the US. For a deep dive into MDMA specifically, see where is MDMA legal. For DMT and ayahuasca specifically, see where is DMT legal.
| Country | Status | Details |
|---|---|---|
| Netherlands | Truffle loophole | Dried psilocybin mushrooms banned since 2008; psilocybin-containing truffles (sclerotia) remain legal and sold in licensed smart shops. |
| Portugal | Decriminalized | Personal possession of all drugs, including classic psychedelics, has been an administrative rather than criminal offense since 2001. Sale and trafficking remain criminal. |
| Czech Republic | Decriminalized | Possession of small quantities of most drugs, including psilocybin mushrooms, is treated as a misdemeanor rather than a criminal offense. |
| Jamaica | Unscheduled | Psilocybin mushrooms have never been listed under Jamaica's Dangerous Drugs Act. Retreat centers operate openly and legally. |
| Costa Rica | Gray area | No law specifically criminalizes psilocybin mushrooms, which retreats market as psilocybin-friendly — an unregulated gray area, not a licensed program. |
| Brazil | Legal (religious/traditional) | Religious and ceremonial ayahuasca use was formally recognized as legal following a government review in the late 1980s, reinforced by a 2010 federal drug-policy resolution. |
| Peru | Legal (traditional) | The Peruvian government declared traditional ayahuasca use part of the nation's cultural heritage in 2008; traditional and shamanic use is legal. |
| Australia | Legal (prescribing) | Since July 1, 2023, the Therapeutic Goods Administration (TGA) allows authorised psychiatrists to prescribe MDMA and psilocybin for PTSD and treatment-resistant depression respectively. |
| Canada | Physician-request pathway | Psilocybin and MDMA are restricted substances under the Controlled Drugs and Substances Act — not legal to possess, grow, or sell. Since January 2022, Health Canada's Special Access Program (SAP) lets a licensed physician or nurse practitioner request case-by-case access for a patient with a serious condition when standard treatments have failed. See our Health Canada SAP guide for who qualifies and how the request process works. |
| United Kingdom | Schedule 1 (no medical use) | Psilocybin is a Schedule 1 drug with no recognised medical use — doctors cannot prescribe it and researchers need a costly Home Office licence to study it. A 2023 Advisory Council on the Misuse of Drugs (ACMD) review recommended easing that licensing burden, and the government accepted a pilot in 2025, but psilocybin has not been rescheduled. See our UK ACMD rescheduling review for the full timeline. |
| Germany | Legal to prescribe (compassionate use) | Psilocybin remains a Schedule I narcotic under the BtMG outside this pathway. Since July 2025, BfArM has approved a narrow §13 AMG compassionate-use route for treatment-resistant depression, available at two authorised clinics (CIMH Mannheim, OVID Berlin). See our Germany psilocybin access guide for who qualifies. |
| United States | State-specific | Schedule I federally, with legal licensed psilocybin access in Oregon and Colorado and religious ayahuasca exemptions for two churches. Full breakdown: US legal guide. |
| Everywhere else | Controlled substance | Most of the rest of the world, including most of the EU and most of Asia, treats classic psychedelics as controlled substances with no general exemption. |
Dried and fresh psilocybin mushrooms were banned in the Netherlands in 2008 after a series of high-profile incidents involving tourists. Psilocybin-containing truffles — the underground sclerotia stage of the same mushroom species — were left out of that ban and remain legal to sell and possess through licensed "smart shops." This is why Amsterdam continues to be a common destination for psilocybin retreats and guided truffle ceremonies, even though the mushrooms themselves are prohibited. The truffles contain psilocybin at meaningfully lower and more variable concentrations than dried mushrooms, which matters for dosing.
Portugal decriminalized personal possession of all drugs in 2001. A person found with a small, personal-use quantity of a psychedelic is referred to an administrative "dissuasion commission" rather than a criminal court. Production, trafficking, and sale remain criminal offenses, and there is no legal retail or therapeutic access to psychedelics in Portugal. The Czech Republic runs a similar model: possession of small quantities of most drugs, psilocybin mushrooms included, is a misdemeanor rather than a crime, while sale and larger quantities remain criminal.
The practical distinction matters: decriminalization reduces the penalty for getting caught with a small amount for personal use. It does not create a legal market, a licensed retreat industry, or any right to buy, sell, or grow the substance.
Jamaica has never scheduled psilocybin mushrooms under its Dangerous Drugs Act. Because the substance was never listed as controlled in the first place, possessing, growing, or consuming psilocybin mushrooms is not a criminal offense there, and a retreat industry has grown up around that fact openly and legally.
Costa Rica has no law that specifically names or criminalizes psilocybin mushrooms either. Retreat operators there advertise the country as psilocybin-friendly on that basis, but this is best understood as an unregulated legal gray area — the absence of a prohibition, not a licensed and inspected program comparable to Oregon's Measure 109 service centers or Colorado's Prop 122 healing centers. If you are evaluating a retreat in either country, read our retreat finder and retreats hub before booking, and vet the facilitator's medical screening and safety protocol independently of any legal-status claim in the marketing.
Ayahuasca occupies a different legal category than psilocybin in South America because its use predates any modern drug-scheduling framework. Brazil's government formally recognized religious and ceremonial ayahuasca use as legal following an official review of the practice in the late 1980s, a position later reinforced by a 2010 resolution from the country's federal drug-policy council. Ayahuasca churches such as the União do Vegetal and Santo Daime operate legally within Brazil under that framework — the same two traditions that hold narrow religious-use exemptions in the United States.
Peru took a related but distinct path: in 2008, the Peruvian government declared traditional ayahuasca use part of the nation's cultural heritage, formally protecting shamanic and traditional ceremonial use. Peru is the most common international destination for ayahuasca retreats for exactly this reason. In both countries, the legal protection is tied to the traditional, religious, or ceremonial framing of the use — not a general commercial or recreational exemption.
Since July 1, 2023, Australia has been the only country in the world where a psychiatrist can legally prescribe MDMA or psilocybin for a clinical indication. The Therapeutic Goods Administration (TGA) rescheduled both substances from Schedule 9 (Prohibited) to Schedule 8 (Controlled Drug) specifically for use by psychiatrists approved as Authorised Prescribers — MDMA for PTSD, psilocybin for treatment-resistant depression. This is a narrow medical pathway, not general legalization: it requires a specific diagnosis, an approved prescriber, and Australian residency. It is not available to international medical tourists. Full detail on the MDMA side of this program, including patient numbers and how the program has expanded, is in our where is MDMA legal guide.
Psilocybin and MDMA remain restricted substances under Canada's Controlled Drugs and Substances Act — there is no legal retail, prescribing, or personal-possession right. Since a January 2022 regulatory amendment, Health Canada's Special Access Program (SAP) lets a licensed physician or nurse practitioner request one of the two drugs for a specific patient with a serious or life-threatening condition, such as end-of-life distress, treatment-resistant depression, or PTSD, once standard treatments have failed. Each request is reviewed individually and approval is not guaranteed; patients cannot apply directly. Health Canada had issued roughly 300 psilocybin SAP authorizations by mid-2025, though approval rates have since declined. A private member's bill introduced in June 2026 would create a more predictable statutory pathway, but the SAP remains the only active legal route today. See our Health Canada SAP guide for the full qualifying-conditions and application breakdown.
Psilocybin is a Schedule 1 drug under the UK's Misuse of Drugs Regulations 2001 — the category reserved for substances with no recognised medical use. That means UK doctors cannot prescribe it, and researchers need a Home Office controlled drugs licence, on top of standard ethics and medicines-regulator approvals, before they can even study it. In December 2023 the Advisory Council on the Misuse of Drugs (ACMD) recommended exempting universities and NHS clinical trial sites from that licence requirement; the government accepted the recommendation in principle in July 2025 and began designing a pilot scheme, but stopped short of rescheduling psilocybin itself. As of 2026, psilocybin remains Schedule 1 in the UK, in contrast to Australia's decision to allow prescribing. See our UK ACMD rescheduling review for the full timeline and what moving to Schedule 2 would change.
Psilocybin stayed a Schedule I narcotic under Germany's Betäubungsmittelgesetz (BtMG) even after the country became, in July 2025, the first EU nation to approve a formal psilocybin compassionate use programme. The route runs through §13 of the German Medicines Act (Arzneimittelgesetz, AMG), which lets a physician prescribe an unapproved medicine to a named patient when no licensed alternative exists — here paired with a BfArM exemption from the BtMG's narcotics controls. Only two sites are authorised to use it: the CIMH in Mannheim and the OVID Clinic in Berlin, and only for adults with treatment-resistant depression who have already failed at least two standard antidepressant courses. It is not a prescribing right any German psychiatrist can exercise, and there is no legal recreational or personal-use pathway. See our Germany psilocybin expanded access guide for the full eligibility and application breakdown.
The default legal status for classic psychedelics worldwide is prohibition. The United Kingdom, most of continental Europe outside Portugal and the Czech Republic, Canada (outside its narrow compassionate-use programs), and most of Asia and the Middle East treat psilocybin, LSD, DMT, and mescaline as controlled substances with no general exemption. Clinical trials remain the primary legal access route in those countries; see our clinical trial finder for open studies.
Dried psilocybin mushrooms have been banned in the Netherlands since 2008, but psilocybin-containing truffles (sclerotia) were left out of that ban and remain legal to sell and possess through licensed 'smart shops.' This loophole is why Amsterdam is a common psilocybin-retreat and smart-shop destination even though the mushrooms themselves are prohibited.
Yes, in both countries. Peru's government recognized ayahuasca as part of the nation's cultural heritage in 2008, and traditional, religious, and shamanic use is legal. Brazil formally recognized religious and ceremonial ayahuasca use as legal following a government review in the late 1980s, later reinforced by a 2010 federal drug-policy council resolution. Purely recreational or commercial use outside those traditional or religious frameworks is a separate legal question.
Jamaica has never scheduled psilocybin mushrooms under its Dangerous Drugs Act, so possessing, growing, or consuming them is not a criminal offense there, which is why retreat centers operate openly. Costa Rica has no law that specifically criminalizes psilocybin mushrooms either, and retreats market the country as psilocybin-friendly on that basis — but this is best understood as an unregulated legal gray area, not a licensed program like Oregon's or Colorado's.
Australia only, as of 2026. Since July 1, 2023, Australia's Therapeutic Goods Administration (TGA) has allowed authorised psychiatrists to prescribe MDMA for PTSD under its Authorised Prescriber scheme. See our dedicated /guides/where-is-mdma-legal guide for the full country-by-country MDMA breakdown.
No. Every country on this page restricts psychedelics to a specific carve-out: a religious tradition (ayahuasca in Brazil and Peru), a retail loophole (psilocybin truffles in the Netherlands), an absence of scheduling (psilocybin mushrooms in Jamaica and Costa Rica), decriminalized possession (Portugal, the Czech Republic), or a narrow medical-prescribing program (MDMA and psilocybin in Australia). None of these amount to legal recreational use, and none extend to substances like LSD or DMT outside clinical trials.
No, not under Mexican federal law. Mexico is not one of the countries covered in the table above; see our /guides/are-mushrooms-legal guide for Mexico's full entry in our country-by-country mushroom legal status table.
Get international psychedelic law research & policy updates
New trials, FDA decisions, and legal changes for international psychedelic law — delivered when they happen.
Suggest a tool, topic, or improvement that would make this site more useful.