Future Developments

Although the future of Canadian psychedelic law remains unknown, one can speculate as to potential future legal developments based on current trends.

Medical Psychedelics Use

The Canadian government appears to be moving in the direction of legalizing medical use of at least some psychedelic substances, and one psychedelic substance, ketamine, is already used legally at select Canadian therapeutic centers.

At this time, Canadian government actions moving in the direction of psychedelic legalization are largely regulatory rather than legislative. The most notable regulatory actions in this regard consist of Health Canada permitting non-study participants to make use of medical psychedelics for therapeutic purposes, and recent changes to Special Access Program regulations that allow health practitioners to request psychedelics for patients under certain conditions. These actions can be interpreted as the Canadian government ‘testing the waters’ of permitting medical psychedelic use outside the context of clinical studies.

However, considering the current left-leaning composition of Canada’s federal parliament, legislation liberalizing medical psychedelic substance use appears achievable. Furthermore, there are a number of reasons why the Canadian government might want to move forward with some degree of medical psychedelics legalization, including the large amounts of capital flowing into the psychedelic sector, potential economic benefits of legalization (e.g., creation of jobs in cultivation, storage, distribution; psychedelic therapy-related service jobs, etc.), increased numbers of Canadians struggling with mental illness and addiction exacerbated by COVID-19 who may benefit, and the precedential success of cannabis legalization.

(There is also the possibility of a judicial ruling that establishes a Charter right to medical psychedelics access. See the page Charter Implications for more on this possibility.)

Federal legalization of medical psychedelic use in Canada would also help Canada retain psychedelic industry activity and capital that might otherwise head south to the United States. The US Food and Drug Agency (FDA) is permitting the use of psychedelics in clinical studies and research, and there’s a strong march towards legalization at the state level (beginning with Oregon’s recent ballot measures, and now a number of new bills aimed at psychedelic decriminalization or legalization in other states), but criminal prohibition of psychedelic substances under the federal Controlled Substances Act serves as a clear drag on the American psychedelic industry, especially since it creates all kinds of banking-related issues. This is likely a factor in why many psychedelic companies choose to seek (or first seek) public listing on Canadian stock exchanges, even when based in the US.

Extreme polarization in American politics and the Senate filibuster - which requires 60 votes for non-budget legislation to pass - suggest America’s federal psychedelic laws are unlikely to drastically change in the near term. By liberalizing our drug laws to permit strictly-regulated medical psychedelics use, Canada can garner a first-mover advantage as the prime jurisdiction for psychedelic industry development in North America.

Recreational Psychedelics Use

At this time, the possibility of Canada legalizing recreational psychedelic substance use appears remote. Both decriminalization and medical legalization seem like the more immediate avenues by which Canada’s government may permit access to psychedelic substances.

Should a regulated system providing Canadians access to psychedelic therapies prove successful and politically popular, the government could move on to consider legalizing recreational use of certain (if not all) psychedelic substances, perhaps allowing them to be sold just as cannabis is now. It’s also possible the Canadian government may follow Oregon’s lead in establishing a regulatory medical psychedelics regime that does not require those seeking psychedelic therapy to demonstrate an illness or medical condition (see LC 24 at s. 3(2)(c)). Though this would not technically permit recreational use, it would make psychedelic therapy widely available.

Recreational psychedelic substances may also be regulated in an entirely unique fashion due to their unique effects, which are in some ways not at all analogous with other regulated substances like cigarettes, cannabis, and alcohol. The Canadian government might, for example, use the regulatory regime around driving as a template for regulated recreational psychedelic substance use. Such a regime could make recreational psychedelics use contingent on being licensed by a governing authority following an educational course and exam to ensure adequate knowledge and education as to proper use and harm reduction.

You can read about jurisdictional issues in Canadian psychedelic law here.