The Legal Status of Psychedelics in Canada

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In Canada most psychedelics fall under the dominion of the Controlled Drugs and Substances Act (CDSA), specifically Schedule III, including, but not limited to the following psychedelics: LSD, DMT, harmaline, psilocin, psilocybin, mescaline, as well as all of the 2C-phenethylamines (i.e. 2C-B, 2C-E, 2C-I).

MDMA is not technically a psychedelic, and is in Schedule I, because it is considered to be a derivative of methamphetamine.

Ketamine, which is a dissociative anesthetic, (not a psychedelic), is also in Schedule I. Despite being a legal pharmaceutical drug, it is considered to be a more serious crime to possess Schedule I drugs without a prescription than Schedule III substances.

Possession of a CDSA Schedule I, II, or III drug without legal authorization (prescription, exemption 56, SAP, etc) is an indictable offense, and can result in imprisonment, and a criminal record, as well as fines. The prison term for a Schedule I indictment offense is up to seven years, while the same for a Schedule III drug is three years.

The schedules of the Controlled Drugs and Substances Act (CDSA) are considerably different than those of the American Controlled Substances Act (CSA). Of note is the fact that according to the American CSA, it is the psychedelics (as well as cannabis) that are considered to be by far the most serious, and put into the top Schedule, while in Canada, psychedelics are in Schedule III, and considered to be less serious than other drugs of concern.

While Canadian police consider psychedelics to be a far lower priority than cocaine, methamphetamine, heroin, or fentanyl, possession of any drug that is part of the Controlled Drugs and Substances Act can potentially result in your arrest, and even a criminal record.

The possession of the mescaline containing peyote cactus is specifically exempted from the CDSA.

There are a number of psychedelic research chemicals (also known as psychedelic analogues) which are not currently covered by CDSA Schedule III, and thus fall under a legal gray area, and it should not be possible to be charged with a criminal offense for personal possession.