1. What the law is
Brazil's controlled-substances annex names the molecules but not the mushroom. The drug statute itself prohibits nothing by name: Law 11.343/2006 defines a drug as whatever appears on a list kept by the federal executive and points to Portaria SVS/MS 344/1998, so a health-agency annex decides a criminal question. Lista F2 of that annex prohibits psilocybin and psilocin, while no list in it names Psilocybe. Defense arguments were built on that gap and some lower courts accepted them. In August 2025 the Superior Court of Justice closed it: in AgRg no AREsp 2.933.426/DF the Fifth Panel held unanimously that commercializing mushrooms containing psilocin and psilocybin is drug trafficking under article 33 even though the fungus is not expressly listed. That was a panel decision rather than binding precedent, judicial practice below it is still inconsistent, and seizures and prosecutions continue, which is why the entry stays mixed. Possession and growing for personal use carry no prison sentence under article 28.
2. Trials in Brazil
Interventional psilocybin trials with at least one site in Brazil, as their sponsors filed them with ClinicalTrials.gov, EU CTIS and ISRCTN. Each row links to the registry record, which sets out who may take part.
Recruiting or opening counts trials recruiting now, not yet recruiting, or enrolling by invitation. Closed counts trials terminated, suspended, withdrawn or left unverified by their sponsors.
| Registry ID | Trial | Phase | Sponsor | Status | Start date |
|---|---|---|---|---|---|
| NCT07732166 | Changes in Self-awareness Induced by Psychoactive Substances: an Experimental Study With Psilocybin. (opens in new tab)Recruiting at Centro de Pesquisas Matteo Ricci, Rio de Janeiro | Phase Phase Early 1 | Sponsor Pontifícia Universidade Católica do Rio de Janeiro | Status Recruiting | Start date |
| NCT06898606 | Psilocybe Cubensis Mushrooms With or Without Fluoxetine for Refractory Depression (opens in new tab)Recruiting at Federal University of Latin American Integration, Foz do Iguaçu | Phase Phase 1/2 | Sponsor Federal University of Latin American Integration | Status Recruiting | Start date |
ClinicalTrials.gov data courtesy of the U.S. National Library of Medicine.
3. History
The legal events behind this entry, dated and oldest first. Our own reviews and corrections are listed under Changes to this record.
Mixed status takes effect.
4. Proposed laws
No proposed law is on file in Brazil that would change this entry, as of the 28 Aug 2026 review.
5. Common questions
Is psilocybin legal in Brazil?
Psilocybin has mixed legal status in Brazil.
Are magic mushrooms ("shrooms") legal in Brazil?
"Magic mushrooms" and "shrooms" are common names for fungi that contain psilocybin, and this entry states the law on psilocybin itself, which some laws treat separately from the fungus. Psilocybin has mixed legal status in Brazil.
Read the law
Lei no 11.343/2006 (Lei de Drogas) names no prohibited substance itself. Article 1, sole paragraph, defines drogas as substances or products capable of causing dependence, so specified in law or listed in lists updated periodically by the federal executive; article 66 supplies that the list meant is Portaria SVS/MS no 344 of 12 May 1998. Article 2 prohibits the planting, cultivation, harvesting and exploitation of 'vegetais e substratos' from which drugs may be extracted or produced. Article 33 sets trafficking at 5 to 15 years; article 28 subjects acquisition, keeping, transport or carrying for personal use, and cultivation for personal use, to warning, community service and an educational measure only, with no custodial penalty. Portaria SVS/MS 344/1998, Anexo I: Lista F2 (psychotropic substances proscribed in Brazil) lists PSILOCIBINA and PSILOCINA; no list in the annex names Psilocybe or any psilocybin-bearing fungus. The annex is updated periodically by ANVISA resolution; the version in force at the date of review is that resulting from RDC no 1.036 of 9 July 2026, which altered only Listas D1 and F1 and did not touch the F2 psilocybin entries. STJ, AgRg no AREsp 2.933.426/DF (Quinta Turma, unanimous, 20 Aug 2025, published DJEN/CNJ 25 Aug 2025): commercialising mushrooms containing psilocin and psilocybin is trafficking under art. 33 of Law 11.343/2006 'ainda que o fungo nao esteja expressamente listado em norma reguladora'.1
Sources
This entry's status is checked against the primary sources below, and the methodology explains how each entry is graded for confidence.
- 1.gov.br (opens in new tab) · gov.br
- 2.bvsms.saude.gov.br (opens in new tab) · bvsms.saude.gov.br
This entry is for information only and is not legal or medical advice. Laws change, and enforcement can differ from the letter of the law, so check the current position against the primary sources above before relying on it.
Changes to this record
3 changes on file, the latest on . Show allHide
Every change we have made to this record, dated, corrections included. Nothing changes silently.
Brazil's entry now explains what the drug statute actually does. It prohibits no substance by name; it defines a drug as whatever appears on a list kept by the health agency, which is why an unlisted mushroom containing a listed molecule is a genuinely contested question there. The entry also now says that possession, and growing for personal use, carry no prison sentence in Brazil. The status is unchanged.
Brazil's entry now cites the version of the controlled-substances list actually in force, and records that in August 2025 the Superior Court of Justice held that selling psilocybin mushrooms is drug trafficking even though the mushroom itself is not on the list. The status is unchanged.
Brazil had been recorded as legal. It is not. Psilocybin and psilocin are prohibited under Lista F2 of Portaria 344/1998, the mushrooms themselves are unlisted, and the courts are split on what that means, so the status is corrected to mixed.
Psilocybin Media Group. "Brazil: psilocybin legal status." The Psilocybin Record, accession BR-001, version of 28 Aug 2026. https://psilocybinlegalization.com/record/brazil