Introduction
Just a few decades ago, openly discussing cannabis in Mexico could lead to losing one’s freedom. Today, after a long legal and social battle, Mexico acknowledges that prohibiting personal consumption infringes on the right to free personal development. This same principle, upheld by the Supreme Court, is now beginning to open another door: that of psilocybin mushrooms.
Historical Context and Supreme Court Ruling
On June 21, the First Division of Mexico’s Supreme Court of Justice resolved a historic amparo (AR 374/2020) by declaring unconstitutional the absolute prohibition of certain species of mushrooms containing psilocybin. The ruling recognizes their use as part of autonomous personality exercise and emphasizes that there are more appropriate and less restrictive ways to protect public health and social order than the current prohibitionist model.
As the country’s highest court had previously argued in the cannabis case, the state should protect society without violating fundamental rights. Instead of prohibiting, the court calls for regulation. In the case of psychoactive mushrooms, the need is urgent: their use in Mexico is not new. Indigenous communities like the Mazatec, Nahua, or Zapotec have employed them for centuries as medicine, ritual, and a connection to the sacred.
Current State of Regulation
However, rulings like these have yet to translate into comprehensive regulation that considers the various uses of psilocybin mushrooms: industrial, ceremonial, scientific, medical, and recreational. The cannabis experience offers a clear warning. Although Mexico has a revised General Health Law and specific regulations, in practice, there are no available medications or functional regulation of recreational use. This normative vacuum has fueled the black market, where products are sold without quality control, health supervision, and pose significant risks to public health.
Similarly, unregulated psychoactive products like popular chocohongos are widely distributed in festivals, social media, and parties. Numerous reports have documented that many of these products are being adulterated with dangerous substances. One of the most alarming is fentanyl, whose presence is rapidly expanding in central Mexico, becoming an increasing threat to vulnerable young populations. The lack of regulation has not stopped consumption; it has only made it riskier.
Push for Education and Responsible Policy Design
As a member of the Mexican Fungi Council, we strive to promote an educational and scientific agenda that addresses this new legal reality. Our dual objective is to promote alfabetization micológica programs that disseminate knowledge about species, safe uses, conservation, and therapeutic potential; and to responsibly accompany the design of public policies that ensure evidence-based, equitable, and informed regulation.
We cannot repeat the historical mistake of half-legislation. Incomplete regulation leaves those who need legal certainty, safe access, and reliable therapeutic alternatives vulnerable. Mexico needs coherent and transversal legislation that considers all possible uses of these substances while prioritizing safety, public health, and respect for ancestral knowledge.
In this context, the principle of free development of personality should not be interpreted as a license to consume without limits but as an opportunity for societal maturation. It implies recognizing that each person has the right to choose their life path, as long as it does not harm others or the environment.
Mexico now has the chance to lead in recognizing psychedelic rights, as countries like Canada, Australia, and some U.S. states have done, but with a unique approach deeply rooted in its history and biocultural wealth.
From the mycelium, that underground network connecting the forest, new possibilities emerge for mental health, consciousness, and legislation. It’s not about opening the door to chaos but acknowledging humbly that prohibition has not brought order or health.
Key Questions and Answers
- What are psilocybin mushrooms? Psilocybin mushrooms, also known as “magic mushrooms,” contain the psychoactive compound psilocybin. They have been used for centuries in various cultural and spiritual practices.
- Why is regulation necessary? Current prohibitionist models have led to a black market with unregulated, potentially dangerous products. Comprehensive regulation ensures safe access, quality control, and informed use.
- What are the potential uses of psilocybin mushrooms? Psilocybin mushrooms have industrial, ceremonial, scientific, medical, and recreational uses. Their therapeutic potential is increasingly recognized for conditions like depression and anxiety.
- What challenges does Mexico face in regulating psilocybin mushrooms? Despite the Supreme Court’s ruling, Mexico lacks a comprehensive regulatory framework. The cannabis experience shows the risks of incomplete legislation, including a thriving black market and public health concerns.
- How can Mexico lead in psychedelic rights? By prioritizing safety, public health, and ancestral knowledge in its legislation, Mexico can create a model that respects cultural practices while ensuring responsible use and access.
