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The Legal Status of Psychedelics in Canada
Disclaimer
The information provided here is intended for informational purposes only. It does not constitute legal advice, and individuals seeking precise legal guidance are strongly encouraged to consult with a qualified lawyer. The legal landscape is subject to change, and interpretations may vary. This content is not exhaustive, and the complexities of legal matters necessitate individualized advice based on specific circumstances. We disclaim any responsibility for decisions made or actions taken based on the information provided herein. Readers are urged to seek professional legal counsel to obtain accurate, up-to-date, and personalized advice tailored to their situation.
Introduction
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
MDMA is not technically a psychedelic, and is in Schedule I, because it is considered to be a derivative of methamphetamine.
Ketamine
Ketamine, which is a dissociative anesthetic, (not a psychedelic), is also in Schedule I.
Penalties
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.
CDSA vs CSA
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.
Peyote
One exception to this, is that possession of the mescaline containing peyote cactus is specifically exempted.
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.