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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

JurisdictionSubstanceStatus
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

Looking for a specific compound? Browse substance profiles.

The dispatch

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