Legal status / Tools
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
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
Peru
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