Jurisdictions
Legal status by country
Is peyote legal?
Peyote is a Schedule I controlled substance under US federal law, so for almost everyone it is illegal to possess or sell. The one federal exception is religious: 42 U.S.C. 1996a makes the use, possession and transport of peyote by an Indian for bona fide traditional ceremonial purposes, in connection with a traditional Indian religion, lawful, and bars both the United States and the states from prohibiting it.
- Is peyote legal in the United States?
- Not for the general public. Peyote and mescaline are both listed in Schedule I of the federal Controlled Substances Act. The exception is 42 U.S.C. 1996a, added by the American Indian Religious Freedom Act Amendments of 1994, which makes the use, possession and transport of peyote by an Indian for bona fide traditional ceremonial purposes in connection with the practice of a traditional Indian religion lawful, and prevents the federal government and the states from prohibiting it.
- Who does the religious exemption cover?
- The statute defines an Indian as a member of an Indian tribe that is federally recognised. Separately, the DEA regulation at 21 CFR 1307.31 says the Schedule I listing of peyote does not apply to its non-drug use in bona fide religious ceremonies of the Native American Church. Whether a particular person or ceremony falls within either provision is a question for a lawyer, not for this page.
- Is peyote legal in Colorado?
- No. Colorado's Natural Medicine Health Act of 2022 decriminalised mescaline but explicitly excluded peyote, at the request of the National Council of Native American Churches and the Indigenous Peyote Conservation Initiative. Federal law still applies in Colorado.
This is a summary of the statutes, not legal advice. Laws change and enforcement differs from statute, so confirm with a qualified lawyer where you are before you act on it.
The map is not intuitive. Psilocybin is licensed in Oregon, legal in Jamaica, decriminalised in Portugal and prosecuted in Norway, and it changes. Check before you travel, not after.
64 entries
| Jurisdiction | Substance | Status |
|---|---|---|
| Australia As of July 2023, authorized psychiatrists can prescribe MDMA for treatment of PTSD through the TGA Authorized Prescriber scheme. | MDMA | Medical only |
| Australia Reclassified as medicine for treatment-resistant depression and PTSD when prescribed by authorized psychiatrists | Psilocybin | Medical only |
| Austria Psilocybin mushrooms are illegal, but spores are legal to possess as they don't contain psilocybin. | Psilocybin | Illegal |
| Bolivia Legal status ambiguous, traditional use may be tolerated | Psilocybin | Unclear |
| Brazil Religious use of ayahuasca is permitted under CONAD Resolution No. 1 of 2010, which restricts use to religious ritual, bans sale, asks entities to avoid tourist packages and does not recognise therapeutic use outside a religious context. Paid retreats for visitors sit in a legal grey area. | Ayahuasca | Tolerated (grey area) |
| Brazil Ayahuasca, which contains DMT, is permitted for religious ritual under CONAD Resolution No. 1 of 2010; sale, tourist packages and therapeutic use outside a religious context are not recognised. DMT in other forms remains controlled. | DMT | Tolerated (grey area) |
| Brazil Not a controlled substance. Ibogaine clinics operate legally and are growing in number, often catering to international patients seeking addiction treatment. | Ibogaine | Legal |
| Brazil Psilocybin is not explicitly listed as a controlled substance. Fresh mushrooms are generally tolerated. Dried/processed mushrooms may fall under analog laws. | Psilocybin | Unclear |
| British Virgin Islands No laws exist prohibiting the sale or possession of psilocybin mushrooms. | Psilocybin | Legal |
| Canada Listed under the Controlled Drugs and Substances Act. | Ibogaine | Illegal |
| Canada Schedule I narcotic under CDSA but available as a licensed medical product. Used medically as anesthetic and for treatment-resistant depression. | Ketamine | Medical only |
| Canada Schedule I controlled substance. Some research exemptions granted. | MDMA | Illegal |
| Canada Mescaline is controlled under Schedule III, but peyote cactus itself is explicitly exempt from the Controlled Drugs and Substances Act. Peyote is legal to grow, possess, and consume. | Mescaline (Peyote) | Legal |
| Canada Available through Health Canada's Special Access Program for end-of-life care and treatment-resistant conditions. | Psilocybin | Medical onlyneeds review |
| Colombia Traditional indigenous use is constitutionally protected. Ayahuasca (yage) ceremonies are legally conducted throughout the country. | Ayahuasca | Legal |
| Colombia Personal dose of psychedelic mushrooms is not penalized under Colombian law. Traditional indigenous use is constitutionally protected. | Psilocybin | Decriminalised |
| Costa Rica Tolerated, not authorised. Law 8204 controls DMT but does not name ayahuasca or its plants. On 27 January 2025 the Ministry of Health warned that ayahuasca products have no sanitary registration and are not authorised for therapeutic use, and advised against advertising them. There is no licensing regime for retreats. | Ayahuasca | Tolerated (grey area) |
| Costa Rica Not authorised. On 27 January 2025 the Ministry of Health warned that ibogaine and ayahuasca products have no sanitary registration and are not authorised for therapeutic use, and advised against advertising them. | Ibogaine | Unclear |
| Czech Republic Possession of small amounts (up to 5 tabs) is decriminalized and treated as a civil offense. | LSD | Decriminalised |
| Czech Republic Pending legislation for broader therapeutic access, currently restricted to research | Psilocybin | Research only |
| Finland Controlled substance with research exemptions under consideration | Psilocybin | Illegal |
| Gabon Traditional use protected, legal for cultural and religious practices | Ibogaine | Legal |
| Germany Strictly illegal, though research is beginning to be permitted again. | LSD | Illegal |
| Germany Controlled substance, but research exemptions available | Psilocybin | Illegal |
| Italy Psilocybin and psilocin are controlled substances. Possession for personal use is an administrative offense (not criminal) but still illegal. | Psilocybin | Illegal |
| Jamaica Psilocybin mushrooms are not listed in the Dangerous Drugs Act: unscheduled and unregulated, with no licensing regime. In 2021 the Agriculture Minister said it is legal to grow them; in August 2024 the Ministry of Health said it has not approved any psilocybin product. | Psilocybin | Legal |
| Mexico Legal for traditional and therapeutic use, retreat centers operating legally | 5-MeO-DMT | Legal |
| Mexico Ibogaine is not listed in the narcotic or psychotropic schedules of the Ley General de Salud (articles 234 and 245), and no ibogaine-specific regulation exists. It is unregulated, not approved; no official standard sets safety protocols such as cardiac monitoring. | Ibogaine | Unregulated |
| Mexico Traditional ceremonial use by indigenous communities (particularly Huichol/Wixaritari people) is legally protected. The peyote pilgrimage to Wirikuta is a UNESCO-recognized cultural heritage practice. | Mescaline (Peyote) | Decriminalised |
| Mexico Legal only for indigenous Huichol people for religious ceremonies. | Peyote | Medical only |
| Mexico Traditional/ceremonial use of psilocybin mushrooms by indigenous communities is protected under law. Personal possession of small amounts (up to 0.5g dried) is decriminalized. | Psilocybin | Decriminalised |
| Nepal Ambiguous legal status, enforcement varies | Psilocybin | Unclear |
| Netherlands Legal status ambiguous, some therapeutic use occurring | 5-MeO-DMT | Unclear |
| Netherlands Legal for therapeutic use and available through specialized treatment centers | Ibogaine | Legal |
| Netherlands Fresh psilocybin truffles (sclerotia) are not covered by the Opium Act, as the Health Minister confirmed in 2011. Psilocybin mushrooms, fresh or dried, have been on Opium Act List II since 1 December 2008, and the Jellinek addiction service says dried truffles are treated as prohibited. | Psilocybin | Legalneeds review |
| New Zealand Available by prescription for addiction treatment | Ibogaine | Medical only |
| New Zealand Approved for therapeutic use in treating depression under medical supervision | Psilocybin | Medical onlyneeds review |
| Norway Controlled substance, limited research exemptions available | Psilocybin | Illegal |
| Peru Traditional knowledge and uses of ayahuasca by native Amazonian communities were declared Cultural Heritage of the Nation in 2008. The declaration protects traditional use and does not license retreats; no authority inspects retreat centres. | Ayahuasca | Legal |
| Peru No specific legislation targeting psilocybin mushrooms. Traditional use of plant medicines is culturally accepted and generally tolerated. | Psilocybin | Unclear |
| Portugal Personal use decriminalized as part of broader drug policy reform | Ibogaine | Decriminalised |
| Portugal Decriminalized for personal use since 2001 along with all other drugs. Possession of up to 10 individual doses is not criminal. | LSD | Decriminalised |
| Portugal Personal use decriminalized since 2001. Focus on treatment rather than punishment. | Psilocybin | Decriminalised |
| Samoa Psilocybin mushrooms grow wild and are not specifically outlawed. | Psilocybin | Legal |
| South Africa Emerging regulatory framework for psychedelic research and potential therapeutic use | Psilocybin | Research only |
| Spain Decriminalized for personal use and cultivation in private spaces. Cannabis club model sometimes extends to mushrooms. | Psilocybin | Decriminalised |
| Switzerland Authorized for limited medical use in psychotherapy under strict supervision. | LSD | Medical only |
| Switzerland Available for compassionate use and specialized therapeutic programs | Psilocybin | Medical only |
| Thailand Classified as a Category 5 narcotic, with strict penalties. | Psilocybin | Illegal |
| United Kingdom Class B controlled substance (upgraded from C in 2014). Licensed for medical use as an anesthetic. Off-label use for depression growing. | Ketamine | Medical only |
| United Kingdom Class A drug, with severe penalties for possession and distribution. | LSD | Illegal |
| United Kingdom Class A drug under Misuse of Drugs Act. Research licenses available for clinical studies. | Psilocybin | Illegal |
| United States DMT (the active compound) is Schedule I. However, two Brazilian ayahuasca churches (UDV and Santo Daime) have won legal exemptions for religious use through Supreme Court and lower court decisions. | Ayahuasca | Illegal |
| United States Schedule I federally. Ayahuasca has religious exemption for specific churches. | DMT | Illegal |
| United States Schedule I controlled substance since 1970. Despite promising research for opioid addiction treatment, no medical use is recognized. | Ibogaine | Illegal |
| United States Legal for medical use, particularly for depression, through licensed clinics. | Ketamine | Medical only |
| United States Schedule I controlled substance since 1970. Among the most strictly controlled substances with no accepted medical use under federal law. | LSD | Illegal |
| United States Schedule I since 1985. However, MDMA-assisted therapy has been in advanced FDA clinical trials for PTSD treatment. | MDMA | Illegal |
| United States Schedule I controlled substance. However, the American Indian Religious Freedom Act (1994) provides a specific exemption for Native American Church (NAC) members to use peyote in bona fide religious ceremonies. | Mescaline (Peyote) | Illegal |
| United States · Oregon Licensed psilocybin services under ORS 475A (Measure 109), regulated by the Oregon Health Authority, for adults 21 and over. Psilocybin may be used only at a licensed service centre with a facilitator; there is no take-home or retail sale. It remains Schedule I under federal law. | Psilocybin | Licensed |
| United States · Colorado Licensed natural medicine healing centres under the Natural Medicine Health Act (Proposition 122, 2022) as amended by SB23-290, for adults 21 and over. Natural medicine means psilocybin and psilocyn; peyote is excluded by statute. It remains Schedule I under federal law. | Psilocybin | Licensed |
| United States · California Decriminalized in several cities including Oakland, Santa Cruz, and San Francisco. | Psilocybin | Decriminalised |
| United States Schedule I federally, but several cities and states have decriminalized. Oregon has legalized therapeutic use. | Psilocybin | Illegal |
| Uruguay Legal framework being developed for research and potential therapeutic use | Psilocybin | Research only |
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