Psychedelics see increased legalisation and decriminalisation globally as treatment usages expand.

Research continues to progress on the potential mental and physical health benefits of psychedelics used in a therapeutic context. Yet psychedelic substances remain illegal around much of the globe, with notable exceptions.

As of 2024, some psychedelics have been given a legal or decriminalised foothold in: parts of Central Africa (Equatorial Guinea, Cameroon and Republic of the Congo), South Africa, Australia, the Bahamas, Brazil, the British Virgin Islands, Canada, the Czech Republic, Costa Rica, Israel, Jamaica, Mexico, Nepal, the Netherlands, Panama, Peru, Portugal, Samoa, Spain, Switzerland and the United States.

Psychedelics include psilocybin (which can be found in "magic mushroom"), MDMA ("ecstasy" or "molly"), LSD ("acid") ayahuasca, peyote and ibogaine among others. The legal landscape of these substances is changing globally amidst continuous emerging research on the various benefits of their therapeutic use. Psychedelics have been shown to help with mental health conditions, such as treatment-resistant depression and post-traumatic stress disorder (PTSD). They're also being studied for the relief of physical health conditions, such as those related to chronic pain.

"Psychedelics are not only very effective at treating a wide range of indications that currently lack treatment options but are also proving, when used responsibly, very safe," says Grace Blest-Hopely, a neuroscientist and psychedelic researcher affiliated with King’s College London, in the UK.

In some countries, various psychedelics have full legalisation. In other countries, certain psychedelics have been legalised only under specific contexts. And still in other areas, some psychedelics have been decriminalised. "Decriminalisation" can mean different things; generally it implies that people can possess or use a personal amount of the substance despite it being illegal, although sometimes minor fines apply.

"It literally means that they're not going to put resources behind arresting and prosecuting people," says Mason Marks, a visiting professor at Harvard Law School and the senior fellow and lead of the school’s Project on Psychedelics Law and Regulation.

Marks says that criminalisation of drugs, including psychedelics, creates more harm than good.

"What happens when you criminalise something is that people don't want to talk about it with their doctors," he says. "People can't talk amongst themselves. It's quite plausible that when something is criminalised, people might hesitate to call for emergency medical services."

Blest-Hopely agrees. "I believe that legalisation of all drugs", she says, "allows for the removal of criminal activity from the supply chain and adults to make decisions on what they put in their bodies. That is also true for attaining products that are assured for quality."

But she adds a note of caution. "Psychedelics are extremely powerful substances," she says. "Any change in legislation towards better access, I would welcome greatly. However, it must come with education around psychedelics in their totality. Not just the positives, but also the risks, the effects and the enormity of impact that using large doses of substance can have, acutely and long term."

Arguments against legalisation and decriminalisation include concerns over any potential increase in substance use disorders. However, psychedelics are currently being studied as a potential treatment for substance use disorders and are not considered addicting themselves. Other concerns include potential increases in psychedelic-related emergencies, such as emergency department visits for "bad trips." However, emergency department visits tend to be rare for LSD and psilocybin, though more common for MDMA.

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