Brazil
Psilocybin has mixed legal status in Brazil as of 16 Aug 2026.1
- Corrected and re-checked against 2 cited sources at this review.
1. What the law is
Portaria SVS/MS 344/1998, Anexo I: Lista F2 (psychotropic substances proscribed in Brazil) lists PSILOCIBINA and PSILOCINA; Lista E (plants that may yield narcotic or psychotropic substances) does not include Psilocybe or any 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. Drug offences are prosecuted under Law 11.343/2006 by reference to the annex. 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
Brazil's controlled-substances annex names the molecules but not the mushroom. Lista F2 of the annex to Portaria SVS/MS 344/1998 prohibits psilocybin and psilocin, while the list of controlled plants and fungi does not include 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 of Law 11.343/2006 even though the fungus is not expressly listed in the regulation. 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.
2. Pending legislation
No bill is on file in Brazil that would change this record, as of the 16 Aug 2026 review.
3. History
The laws behind today’s status, when each took effect, and every review since, in order.
Mixed status takes effect.
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.
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.
4. Trials in Brazil
Interventional psilocybin trials with at least one study site in Brazil, drawn from ClinicalTrials.gov, EU CTIS, and ISRCTN. Registry data is reported by sponsors and shown as filed.
Recruiting, active, completed and closed add up to the 2 trials with a study site in Brazil, as of Aug 2026. Closed covers trials terminated, suspended, withdrawn or left unverified.
| Registry ID | Trial | Phase | Sponsor | Status | Started |
|---|---|---|---|---|---|
| NCT07732166 (opens in new tab) | 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 | Started |
| NCT06898606 (opens in new tab) | 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 | Started |
ClinicalTrials.gov data courtesy of the U.S. National Library of Medicine.
5. Common questions
Is psilocybin legal in Brazil?
Psilocybin has mixed legal status in Brazil as of 16 Aug 2026.
Are magic mushrooms ("shrooms") legal in Brazil?
"Magic mushrooms" and "shrooms" are common names for fungi that contain psilocybin. Psilocybin has mixed legal status in Brazil as of 16 Aug 2026. Some laws control the compound and the fungus separately, so this record states the position for psilocybin in Brazil.
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.gov.br (opens in new tab) · gov.br
- 2.bvsms.saude.gov.br (opens in new tab) · bvsms.saude.gov.br
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.
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.
Brazil: psilocybin legal status. The Psilocybin Record. Accession BR-001. Status as of 16 Aug 2026. https://psilocybinlegalization.com/record/brazil
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