For the most part, psychedelics are still illegal in Mexico with a few exceptions.
As Mexico’s lawmakers continue to express their interest in legalizing magic mushrooms, more questions about the legal status of psychedelics in Mexico have arisen.
Mexico’s drug laws, specifically pertaining to entheogenic substances, can be quite ambiguous, as some substances are tolerated in select scenarios but prohibited in most others.
In this article, you will learn everything you need to know about the legality of psychedelics in Mexico, including the legal nuances around each substance.
Are psychedelics legal in Mexico?
The black and white answer to this question is no, with one major exception.
The exception lies under Article 195 bis of the Federal Penal Code, where it states that you can not be prosecuted for using psilocybin mushrooms or 5-MeO-DMT for traditional spiritual practices or ceremonies. This provision was created to protect the cultural and religious rights of indigenous communities who have a long history of incorporating these substances into their sacred rituals. It has led to the opening of a number of psychedelic retreat centers in Mexico and has given rise to a new category in the Mexican economy known as “psychedelic tourism” — where tourists visit solely for a transformative spiritual experience.
Outside of this provision, psychedelics, generally speaking, are considered to be illegal with distinct legal considerations for each substance.
Legal Status of Psychedelics in Mexico
|SUBSTANCE||LEGAL STATUS||LEGAL USE||PENALTIES|
|Psilocybin||Illegal (except for traditional practices)||Traditional spiritual practices or ceremonies||Hefty fines and 4-7 years in prison|
|LSD||Illegal||Possession of small amounts (less than 0.015mg)||Hefty fines and 4-7 years in prison|
|Ketamine||Legal for medicinal purposes||Administered by licensed medical professionals in clinics||Hefty fines and 4-7 years in prison|
|DMT (traditional)||Illegal (except for traditional practices)||Traditional spiritual practices or ceremonies||Hefty fines and 4-7 years in prison|
|5-MeO-DMT||Legal for traditional practices||Traditional spiritual practices or ceremonies||Hefty fines and 4-7 years in prison|
|Ibogaine||Unregulated||Treatment for PTSD, addiction, and other mental health illnesses||Unregulated|
Is Psilocybin Legal in Mexico?
If you are caught with psilocybin mushrooms outside of a therapeutic environment, you may be charged with hefty fines and forced to serve a prison sentence that can last 4-7 years.
That being said, Mexico is home to a large number of psilocybin retreat places that are legitimately in operation. They are able to legally operate because of the provisions mentioned in Article 195 bis of the Federal Penal, which states that consuming psilocybin mushrooms for spiritual purposes is not punishable by law. A growing number of psilocybin retreat centers are emerging in Mexico in response to the rising mental health challenges that our world is facing.
Mexico Senator, Alejandra Lagunes, has made it clear that she plans to legalize magic mushrooms in coming years and “pull Mexico into the psychedelic renaissance.”
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