Health Canada Must Redetermine Exemption Requests For Psilocybin (Magic Mushroom)-Assisted Psychotherapy Training

• Published date: 01 July 2025
• Law Firm: Smart & Biggar
• Author: Ms Lynn Ing

TheraPsil, a patient advocacy organization, and 73 healthcare practitioners (HCPs) have succeeded in the Federal Court of Appeal (FCA) to overturn the refusal of the Minister of Mental Health and Addictions and Associate Minister of Health (Minister) to allow the HCPs to possess and consume psilocybin mushrooms for experiential training in supervised consumption of psilocybin in psychotherapy.

In Toth v Canada (Mental Health and Addictions), 2025 FCA 119, the FCA allowed the appeal from a Federal Court (FC) dismissal of the appellants' application for judicial review of the Minister's decisions (2023 FC 1283), but did not direct the Minister to grant exemptions under the Controlled Drugs and Substances Act (CDSA). The HCPs' exemption requests are remitted to the Minister for redetermination in accordance with the FCA's reasons.

Psilocybin prohibition and exemption under the Controlled Drugs and Substances Act

Psilocybin is a psychoactive compound found in certain mushrooms and is a controlled substance in Schedule III of the CDSA.

Possession is an offence under section 4 of CDSA, including possible imprisonment, unless otherwise authorized. The Minister (with powers, duties and functions transferred from the Minister of Health) has discretion under section 56 to grant an exemption:

if, in the opinion of the Minister, the exemption is necessary for a medical or scientific purpose or is otherwise in...