The legal status of psychedelics varies widely across the globe. Some countries are taking a much more progressive approach than others:
The Americas
In the USA, psychedelics are classified as Schedule I substances. This means that they have no accepted medical use and are defined as having a high potential for abuse. They are federally illegal. However, in recent years several states and cities have moved away from the federal laws and taken the first steps to legalise or decriminalise certain psychedelics. Oregon, for example, made history in 2020 by becoming the first state to fully legalise psilocybin. Licensed organisations have been able to offer therapeutic psilocybin services since 2023. Other states, such as Colorado and California, have also pushed for decriminalisation or legalisation of certain substances.
Canada has also dramatically altered its laws relating to psychedelics. In 2020, Health Canada began granting exemptions to the country’s drug laws. This allows licensed healthcare professionals to possess and use psilocybin for research and clinical purposes. As well as this, several Canadian cities, such as Vancouver and Toronto, have taken the massive step if decriminalising the possession of small amounts of drugs, including psychedelics, for personal use.
Mexico has a strange relationship with psychedelics. Substances like peyote and psilocybin mushrooms have a long history of traditional and ritual use among indigenous communities. So, while psychedelics may remain illegal under federal law, their usage is somewhat of a grey area. In recent years there have been efforts to officially move towards decriminalisation and regulation of psychedelics for spiritual and ceremonial purposes.
In South America, countries like Peru, Brazil, and Costa Rica have a fairly relaxed approach to psychedelics compared to the rest of the world, particularly those with established historical use. In Peru, for example, ayahuasca is legal and protected as part of the country’s cultural heritage. Similarly, in Brazil, ayahuasca is legal for religious and ceremonial use, while other psychedelics remain largely unregulated.
Europe
The legal status of psychedelics in Europe varies considerably from country to country. Some countries have a vastly more liberal approach than others. For example, in the Czech Republic, the possession of small amounts of psychedelics for personal use was decriminalised in 2010. Portugal is possibly the most extreme example of liberal policies being enacted. All drugs were decriminalised for personal use in 2001 – I will deal with the outcomes of this method of regulation in a future article.
In the Netherlands, while traditional magic mushrooms are now illegal, psilocybin-containing truffles are legal and widely available. The country has a long history of tolerance towards drug use. In Spain, personal drug use as a whole is not a criminal offence. However, the sale and distribution of psychedelics is still illegal.
Switzerland has a particularly unique approach. A small number of licensed healthcare professionals can administer specifically LSD and MDMA under the country’s “compassionate use” program. This program began in 2014 and allows patients with treatment-resistant mental health conditions to access psychedelic-assisted therapy.
In the UK, sadly drug reform is pretty much at a standstill. Psychedelics remain illegal under the Misuse of Drugs Act, with no exception for medical or research use. However, as elsewhere there has been growing interest in the potential therapeutic applications of these substances, and advocates all over the country are petitioning for their research.
Africa
In some parts of Africa, certain psychedelics have a long history of traditional use for ritualistic purposes. Their usage for the health of the mind and the body is also widespread. In South Africa, for example, ibogaine is classified as a medicine and can be prescribed with a license for the treatment of addiction and other conditions.
Asia and Oceania
Israel is at the forefront of a lot of the research into psychedelics. The Ministry of Health has recently approved the use of MDMA for the treatment of PTSD. Clinical trials have been underway for several years, investigating the therapeutic potential of MDMA and DMT.
Australia has recently taken significant steps towards the legal medicinal use of psychedelics. In 2023 the Therapeutic Goods Administration (TGA) approved the use of MDMA and psilocybin for the treatment of certain mental health conditions. This means that authorised psychiatrists can prescribe these substances to patients with treatment-resistant depression and PTSD.
In New Zealand, ibogaine can be legally prescribed for addiction treatment but other psychedelics remain illegal.
Nepal has a comparatively permissive approach. Psilocybin mushrooms are unregulated and openly available in many parts of the country.
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