Spore kits of mushroom spores are legal and are sold in public in stores or online because both the mushroom spores and the Spore Kits themselves are legal. Both psilocybin and psilocin are illegal to have, obtain or produce without a doctor’s prescription or authorization because they are listed in Schedule III of the Controlled Drugs and Substances Act. Currently, some online dispensaries are selling the microdosing capsules publicly to Canadian patients with doctor’s prescriptions. Law enforcement tolerates the activity, citing a focus on more harmful illegal activity. At the end of September 2019, the Vancouver council defeated a movement to stop the sale of magic mushrooms. There are ongoing efforts to obtain medical and research exemptions under section 56 of the CDSA. In 2020, researchers obtained permission from the Ministry of Health for 16 Canadian healthcare professionals to use psilocybin themselves to help develop therapies for future use. Also, dried magic mushrooms are being sold openly online.
Reference of the explanation paragraph above: Wikipedia
So in the end the answer to the question “Are Magic Mushrooms Legal in Canada?” is technically no, but mushroom spore kits and grow kits are legal and can be easily purchased online and even in stores. But people with a medical prescription or exemption (usually palliative care patients) can buy and safely consume shrooms under doctor’s guidance.
The convoluted rule is that psilocybin and psilocin, the hallucinogenic compounds found in magic mushrooms are illegal to possess, access and produce without a doctor’s prescription or permit. However, what is confusing is that grow kits are considered legal as they do not contain psilocybin or psilocin.
The current quasi-legal situation that shrooms currently enjoys brings us back to the days of cannabis illegality, when cannabis could be sold, bought and smoked in almost any Canadian city now, authorities would turn a blind eye.
The Minister of Health says Canada will allow health care professionals authorized to legally use psychedelic mushrooms
A handful of health care professionals in Canada will be allowed to both own and consume psilocybin mushrooms to better treat the rising volume of patients now authorized to use the psilocybin mushrooms, said the country’s top health official in a new media release.
Hajdu’s statements appear to be the first public announcement of the health ministry’s response to outstanding requests by therapists to use psilocybin. During the summer, Hajdu’s office accepted requests from some end-of-life care patients to use the drug for psychotherapy, while officials have not responded if they would approve similar requests from the therapists themselves.
Talking at a virtual public meeting hosted by House of Commons member Hedy Fry last week, Hajdu said government health regulators had granted the therapists’ request just a day earlier.
“I am also pleased to say that yesterday, Health Canada granted exemptions to a number of health professionals who wanted to possess and consume mushrooms containing psilocybin,” said the Health Minister. Dr. Gail described the decision as “controversial for some and not for others, but physicians prescribing this therapy wanted to understand what it would do and how best to use it to benefit their critically ill patients.