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Is it legal where I am?

Pick a place and a medicine. The answer comes only from the statutes, regulators and courts cited on our Legal page; where we have not cited the law, we say so instead of guessing. In every US state, federal law applies on top of whatever the state allows.

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.

Choose both to see what the cited law says.

United States: federal law, every state

  • PeyoteProhibited

    Schedule I, with a federal exemption for traditional ceremonial use by Indians (42 U.S.C. 1996a) and the Native American Church (21 CFR 1307.31). Sources

  • PsilocybinScheduled (controlled)

    Schedule I under 21 U.S.C. 812. State licensing (Oregon, Colorado) does not change federal law. Sources

  • DMTScheduled (controlled)

    Schedule I under 21 U.S.C. 812. Sources

  • IbogaineScheduled (controlled)

    Schedule I under 21 U.S.C. 812. Sources

  • MDMAScheduled (controlled)

    Schedule I (21 CFR 1308.11). Sources

  • KetamineMedical only

    Schedule III (21 CFR 1308.13): prescription only. Esketamine nasal spray (Spravato) is FDA approved for depression under a REMS; other ketamine for depression is off-label. Sources

States with their own law

Oregon

  • PsilocybinLicensed

    Licensed service centres under ORS 475A for adults 21 and over; use only on site with a facilitator. Sources

Colorado

  • PsilocybinLicensed

    Licensed healing centres under the Natural Medicine Health Act as amended by SB23-290, for adults 21 and over. Sources

  • PeyoteScheduled (controlled)

    Excluded by statute: under SB23-290 "'Mescaline' does not include peyote". Federal Schedule I applies. Sources

New Mexico

  • PsilocybinMedical only

    Medical Psilocybin Act (SB 219, 2025): a medical program for qualified conditions, not adult use or retreats. Sources

Texas

  • IbogaineProhibited

    SB 2308 (2025) funds FDA clinical trials; it does not legalise treatment. Federal Schedule I. Sources

In the other 47 states and DC we have no state-specific cited entry, so the federal rows are the answer we can cite. A state's own law can add to them, but it cannot make a federally controlled substance lawful under federal law.

Other countries

Australia

  • PsilocybinMedical only

    Schedule 8 since 1 July 2023 for treatment-resistant depression, prescribed by TGA-authorised psychiatrists only. Sources

Brazil

  • AyahuascaReligious use only

    Religious ritual use only under CONAD Resolution 1/2010, which bars sale and asks entities to avoid tourist packages. Sources

  • PsilocybinProhibited

    Psilocybin and psilocin are on Anvisa List F2; police raided and arrested a facilitator running paid psilocybin rituals in Goiania in 2024 (a judge ruled the arrest unlawful on procedural grounds). Sources

Canada

  • PsilocybinMedical only

    Illegal unless Health Canada authorises it; Special Access Program requests are case by case, per patient. Sources

Colombia

  • AyahuascaAmbiguous

    No law permits or prohibits yage; Indigenous traditional use has cultural recognition. No framework for retreats. Sources

Costa Rica

  • AyahuascaAmbiguous

    Law 8204 controls DMT but does not name ayahuasca. The Health Ministry warned on 27 January 2025 that ayahuasca products are not authorised for therapeutic use. Sources

  • IbogaineAmbiguous

    The Health Ministry warned on 27 January 2025 that ibogaine products lack sanitary registration and are not authorised for therapeutic use. Sources

  • PsilocybinIllegal but tolerated in practice

    Psilocybin and psilocin are on the national Lista I; Law 8204 sets 8 to 15 years for unauthorised supply. Retreats operate openly and we found no reported prosecution of one (search of 4 October 2026). Sources

Czech Republic

  • PsilocybinMedical only

    From 1 January 2026 (Act 270/2025 Coll.), psilocybin treatment for adults with specified depression indications, given by a psychiatrist in Ministry of Health psychiatric hospitals and departments. Sources

Ecuador

  • AyahuascaAmbiguous

    No primary source names ayahuasca; the Constitution protects ancestral medicine in general terms. Sources

Germany

  • PsilocybinMedical only

    A compassionate-use programme (BfArM, July 2025) at two clinics for treatment-resistant depression. Sources

Jamaica

  • PsilocybinUnscheduled

    Not listed in the Dangerous Drugs Act; no licensing regime, and no psilocybin product is approved. Sources

Mexico

  • IbogaineUnregulated

    Not listed in the Ley General de Salud (arts. 234, 245); no ibogaine-specific regulation. Unregulated, not approved. Sources

  • PsilocybinIllegal but tolerated in practice

    Ley General de Salud art. 245 group I lists psilocybin, naming hallucinogenic mushrooms. Retreats operate openly and we found no reported prosecution of one (search of 4 October 2026); ayahuasca ceremony leaders have been prosecuted under the same schedule. Sources

  • PeyoteScheduled (controlled)

    Ley General de Salud art. 245 group I lists mescaline, naming peyote (Lophophora williamsii). Sources

  • DMTScheduled (controlled)

    Ley General de Salud art. 245 group I lists DMT. Sources

Netherlands

  • Psilocybin trufflesUnscheduled

    Fresh truffles (sclerotia) are not on Opium Act List II; dried truffles are treated as prohibited. Sources

  • Psilocybin mushroomsProhibited

    Fresh and dried mushrooms on Opium Act List II since 1 December 2008. Sources

Peru

  • AyahuascaUnregulated

    Traditional use declared national cultural heritage (2008). No licensing regime for retreats. Sources

  • PsilocybinProhibited

    Psilocybin and psilocin are on Lista IB of the controlled-substance annex; too little evidence of retreats operating openly to assess tolerance. Sources

Portugal

  • PsilocybinIllegal but tolerated in practice

    Possession for personal use is an administrative offence (Law 30/2000); producing or selling mushrooms is trafficking. Retreats operate openly and we found no reported prosecution of one (search of 4 October 2026). Sources

Spain

  • PsilocybinProhibited

    Controlled; police have arrested organisers of paid psychedelic rituals and retreats, including a 2022 case where the advertised substances included hallucinogenic mushrooms. Sources

  • AyahuascaAmbiguous

    Madrid High Court (316/2025) held ayahuasca as such is not a listed substance; the Supreme Court has not ruled, and DMT stays controlled. Sources

The Bahamas

  • PsilocybinAmbiguous

    The Dangerous Drugs Act applies to substances in the 1971 Convention schedules; police raided an advertised psilocybin retreat in August 2024. Sources

United Kingdom

  • PsilocybinProhibited

    Any fungus containing psilocin is Class A under the Misuse of Drugs Act 1971; supply is prosecuted. Sources

The dispatch

Laws change. Centres change. Know before you book.

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