Costa Rica
Psilocybin is decriminalized in Costa Rica as of 11 Aug 2026.1
- Checked against 1 cited source at this review.
1. What the law is
Ley 8204 (2001) on narcotic drugs, psychotropic substances and related activities: article 58 penalises production, commerce and trafficking at eight to fifteen years and turns on a purpose test rather than a quantity, and no article attaches a criminal penalty to personal consumption; article 79 provides a voluntary, free treatment referral and reaches public roads and publicly accessible places. Ley 5395 (General Health Law) prohibits personal use and authorises administrative confiscation under article 359. Scheduling: Decreto Ejecutivo 45161-S (2025) article 5(c) delegates the national list of narcotic and psychotropic substances to the Ministerio de Salud, which publishes it on its website.1
No quantity threshold exists anywhere in Costa Rica's drug statute, and that absence decides cases. The line between lawful possession and an eight to fifteen year trafficking offense under article 58 of Ley 8204 is a purpose test, applied one case at a time. Nothing in the statute attaches a criminal penalty to personal consumption. The General Health Law prohibits use without punishing it and allows the substance to be confiscated. Article 79 offers treatment that is voluntary and free, and it reaches only public roads and publicly accessible places.
2. Pending legislation
No bill is on file in Costa Rica that would change this record, as of the 11 Aug 2026 review.
3. History
The laws behind today’s status, when each took effect, and every review since, in order.
Decriminalized status takes effect.
Costa Rica's decriminalized status was confirmed: Ley 8204 attaches no penalty to personal consumption. The entry gained the caveat that the statute sets no quantity threshold at all.
Costa Rica's entry now cites Ley 8204 itself and dates its effect to 11 January 2002. The rewritten summary explains that the line between lawful possession and trafficking is a purpose test decided case by case rather than a quantity threshold.
4. Common questions
Is psilocybin legal in Costa Rica?
Psilocybin is decriminalized in Costa Rica as of 11 Aug 2026.
Are magic mushrooms ("shrooms") legal in Costa Rica?
"Magic mushrooms" and "shrooms" are common names for fungi that contain psilocybin. Psilocybin is decriminalized in Costa Rica as of 11 Aug 2026. Some laws control the compound and the fungus separately, so this record states the position for psilocybin in Costa Rica.
Sources and confidence
Every status line is checked against the primary sources below. How each record is graded for confidence is set out in the methodology.
- 1.sinalevi.go.cr (opens in new tab) · sinalevi.go.cr
Cited at the review
This information is for educational purposes only and does not constitute legal advice. Laws change frequently, and enforcement practice can differ from the letter of the law. Verify current status with local authorities before relying on this record.
Changes to this record
Every change we have made to this record, dated, corrections included. Nothing changes silently.
Costa Rica's entry now cites Ley 8204 itself and dates its effect to 11 January 2002. The rewritten summary explains that the line between lawful possession and trafficking is a purpose test decided case by case rather than a quantity threshold.
Costa Rica's decriminalized status was confirmed: Ley 8204 attaches no penalty to personal consumption. The entry gained the caveat that the statute sets no quantity threshold at all.
Costa Rica: psilocybin legal status. The Psilocybin Record. Accession CR-001. Status as of 11 Aug 2026. https://psilocybinlegalization.com/record/costa-rica
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