Are Psychedelics Legal in Mexico?

Is psilocybin legal in Mexico?

While for the most part, psychedelics are illegal in Mexico, the Federal Penal Code of Mexico provides an exception against prosecution as long as your psilocybin mushrooms are for traditional spiritual practices or ceremonies. As a result, psychedelic tourism has grown manyfold in Mexico, as people travel from countries with highly controlled substances in order to experience these psychedelic plants.

The General Health Law of Mexico, in Article 245, states that all psychedelic mushrooms are illegal in Mexico. As of 2023 and beyond, possession, use, and distribution of psilocybin mushrooms are illegal in Mexico. The possession of psilocybin is considered a federal crime, so it comes with between 4 and 7 years in prison and a fine. In addition, the sale, transportation, and distribution of psilocybin is also considered a federal crime and is punishable by up to 25 years in prison.

However, there is a loophole thanks to Article 195 bis of the Federal Penal Code, which says that “authorities can’t prosecute you if your psilocybin mushrooms are for traditional spiritual practices or ceremonies.” These laws have helped fuel the burgeoning psychedelic tourism industry in Mexico. Political and legal psychedelic climates continue changing in Mexico.

In 2021, Mexico City’s legislature decriminalized the possession, use, and transportation of psilocybin mushrooms and other psychoactive plants. Psilocybin mushrooms remain illegal at the federal level.