A Global Overview of Psychedelic Legalisation and Decriminalisation

Disclaimer: The views and opinions expressed in this article are those of the authors and do not necessarily reflect the official policy or position of the Chemical Collective or any associated parties.

Introduction

In the last 20 years, the legality of psychedelics around the world has changed drastically. From Psilocybin and MDMA to Ayahuasca and Ibogaine. Many countries, with varying degrees of confidence, have begun experimenting with decriminalising or outright legalising many substances previously confined to underground, recreational spaces. Several factors are driving this shift in attitude and policy, the extremely positive results of increasingly wide-ranging research into psychedelics, combined with a softening of public perception and relentless advocacy from organisations worldwide. Of course, the majority of psychedelics are still illegal in many parts of the world. But the tide appears to be turning! A holistic, evidence-based approach to drug policy is a necessity for the future, and many countries are beginning to recognise the potential benefits of psychedelics, and their capacity to promote positive change. In this article, I will explore the current state of psychedelic legalisation and decriminalisation in countries around the world. As well as considering the potential challenges to these changes in policy in a rapidly evolving landscape.

Defining Legalisation and Decriminalisation

Let’s define the terms before exploring the specifics of psychedelic legalisation and decriminalisation.

Legalisation makes a previously illegal substance completely legal. This will result in the creation of a regulated market for the substance. Production, distribution, and sale will be possible. The legalisation of psychedelics doesn’t just apply to the possession of specific substances but also their usage. This can include recreational use, or in a research/therapeutic context.

Decriminalisation does not fully legalise a substance or its use. It only removes or reduces the criminal penalties for the possession and use of the substance. The substance itself will remain illegal. Decriminalisation can reduce arrests and incarceration for personal use or replace criminal sanctions with civil fines. It is designed as a harm reduction approach, shifting the focus from punishment and demonisation of substances and individuals to public health and individual well-being.

Factors Driving Change

The changing perceptions of psychedelics around the world are the result of several factors:

Research

The last 10-15 years have seen a massive increase in psychedelic research. This has consistently highlighted their promise as potent therapeutic agents. While this research is still in its infancy, the results have already inspired policymakers and healthcare professionals to begin to enact changes and encourage further study 

Culture

Regardless of their use in research, the public perception of psychedelics has significantly altered. They were previously associated with: “turn on tune in, drop out” i.e. solely countercultural and recreational use. Now they are increasingly recognised as powerful tools for personal growth and spiritual exploration.

Advocacy

The advocacy efforts of grassroots organisations have played a large role. These advocates tirelessly work to educate the public, lobby lawmakers, and build coalitions of support for more compassionate and evidence-based drug policies. Their efforts have helped to foster a political and social climate more conducive to psychedelic reform.

Regional and Country-Specific Developments

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.

Challenges and Controversies

While global changes to psychedelic legalisation and decriminalisation are gaining momentum, there remain significant challenges to the widespread availability of these substances for researchers and the public at large. Unsurprisingly, after decades of demonisation, one of the main concerns is psychedelics’ potential for abuse and addiction, particularly among vulnerable populations. While research suggests that psychedelics have a much lower potential for dependence compared to pretty much any other drugs, there are still risks associated with unsupervised or recreational use.

Another challenge (mainly due to the illegality of these substances) is the lack of standardisation and quality control in their production and distribution. Without proper regulation and oversight, there is a risk of adulterated or counterfeit substances entering the market, potentially putting users at risk.

There are also concerns about the potential for adverse psychological reactions, particularly among individuals with pre-existing mental health conditions. Psychosis is the main buzzword here, but the risks are mostly overblown. While this particular risk is very uncommon even recreationally it is never entirely possible to eliminate the risk, regardless of whether the substance is taken in a controlled and supportive setting or not.

Finally, there is the ever-raging debate about what role psychedelics should play in society. Some argue that these substances should be solely reserved for medical or research purposes, while others advocate for personal autonomy and freedom of choice.

The Future of Psychedelic Regulation

As research into the potential of psychedelics continues to advance and attitudes continue to alter, we will likely see further changes in the legal and regulatory landscape. Many experts believe psychedelics could play a significant role in the treatment of a range of mental health conditions. However, for this potential to be fully realised, there is a need for ongoing research, and education of both policymakers and the public as a whole. Working to destigmatise psychedelics and promote a more nuanced understanding of their potential risks and benefits is paramount, as well as stressing the necessity of evidence-based research. It is also crucial to support any moves towards legalisation or decriminalisation with robust safeguards and regulations. This may include measures such as licensing requirements for therapists and facilitators, quality control standards for the production and distribution of psychedelics, and education and harm reduction initiatives for users.

Conclusion

The legal and cultural landscape surrounding psychedelics is undergoing a profound transformation, with a growing number of countries and jurisdictions moving towards legalisation and decriminalisation. While the road ahead is not without its challenges and uncertainties, we can be optimistic! As we continue to deepen our understanding of these substances and as more and more people experience their potential benefits firsthand, we will doubtless see further progress in making them safely available to those who need them.

Ultimately, the goal should be to create a society in which the use of psychedelics is guided by science, informed by wisdom, and grounded in a deep respect for human dignity and well-being. By working together towards this vision, we can unlock the transformative potential of these remarkable substances and create a brighter future for all.

David Blackbourn | Community Blogger at Chemical Collective

David is one of our community bloggers here at Chemical Collective. If you’re interested in joining our blogging team and getting paid to write about subjects you’re passionate about, please reach out to David via email at blog@chemical-collective.com