The Future Of Canadian Mushroom Laws

Over the course of history, the courts have not always agreed on whether on not magic mushrooms should be illegal in Canada. Another factor that is now very clear is that those Candian lawmakers who voted to prohibit psilocybin were unaware of its medical benefits. They can’t be blamed because the technology of their time was not advanced enough to reveal the components and effects of psychedelic substances. However, these benefits have now come into the limelight and the government is beginning to shift from its stance on magic mushrooms. It is just like what we went through before cannabis was legalized. There are a lot of little shifts and soft changes in the regulation, but all these should eventually lead to the decriminalization and increased usage of psychedelics in the future. Below, we list some of the most important events and milestones that have been reached in the last five years regarding the legal status of magic mushrooms in Canada.

1. Magic Mushrooms Sold Online
Although psilocybin still has a huge question mark over its head, magic mushrooms are being sold openly online in Canada. Through digital dispensaries, a wide range of shroom products are sold to Canadians over the age of 19 with or without a medical prescription. Currently, the authorities are aware of these dispensaries but they have decided to focus their resources on tackling criminal activities involving more harmful drugs.

2. The Vancouver City Council Ending The Motion To Crack Down On Psilocybin Sales
There was no strong political drive in the motion to prosecute Canadians for magic mushrooms, and this became very evident on the 11th of September, 2019, in a meeting of the Vancouver City Council. That was when Councillor Melissa De Genova filed a motion with the title “Deterring and Preventing the Distribution and Sale of Psilocybin Mushrooms and/or Other Illicit or Controlled Drugs Unlawfully Sold in the City of Vancouver”. It is quite fascinating to see a government official introducing a motion on whether or not to enforce the de facto laws of the land. They are basically filing a motion to ask the police to do the job they’re already mandated to do. The fact is that the police are too busy tackling the impact of hard drugs like opioids and asking them to chase people with magic mushrooms (which have actual medicinal and therapeutic benefits) seems like a waste of time. Well, justice was served and that motion was laughed out of the city council with a commanding 6-2 vote.

3. Magic Mushroom Growing Kits And Spores Are Legal
Although the act of cultivating magic mushrooms is illegal, magic mushroom spores and growing kits can be bought in stores across Canada. It has not been stated that it is legal to buy these kits, but it is not stated explicitly that these kits are prohibited. It may be illegal under 7.1(1) of the CDSA to sell mushroom growing kits because they will be used to produce a controlled substance, but the sale of mushroom kits is common and it is generally allowed.

4. Magic Mushrooms Authorized For Palliative Patients
In April 2020, four Canadians who were in palliative care with terminal illnesses requested a legal exemption from the Canadian Ministry of Health that would enable them to use magic mushrooms to relieve the anxiety and depression associated with their illnesses. Later that year in August, it was revealed that their request had been granted and they were the first set of people that were allowed to legally use magic mushrooms in Canada since the Supreme Court created that law in 1982.

5. Ministry Of Health Supporting Research Of Psychotropics
At the top of this article, we spoke about some of the studies that have led to the discovery of new benefits of magic mushrooms that we did not know before. These results are quite promising and they have led to Health Canada handing out more legal exemptions to health professionals that want to conduct more research and create more therapy programs involving psilocybin. In December of 2020, Health Canada granted exemptions to 16 different social workers and medical professionals to possess and use psilocybin without any legal consequences. The psilocybin in their possession would be used to develop new treatment protocols for their patients.

6. Growing Mushrooms Could Be Legal For Medicinal Purposes Soon
The Ontario Court of Appeals stated in the year 2000 that Canada’s anti-cannabis was unconstitutional because the law did not provide an exception for medical use. The court said this violated the individual’s right to life, liberty, and security of the person as written in Section 7 of the Canadian Charter of Rights and Freedoms. This legal precedent is basically stating that the government should not prohibit a private citizen from being prescribed a medicine that can help to improve their life’s quality. A couple of years ago, this statement might not have mattered in terms of magic mushrooms, but with the current pieces of research and developments, it definitely applies to psilocybin and its substances. If this precedent applies, that means the Canadians have the constitutional right to get medically prescribed psilocybin or even grow it for their personal use and benefit.

Resource URL : https://www.nupepshrooms.com/magic-mushrooms-and-canadian-law-in-2021/