Peru
Psilocybin is illegal in Peru as of 16 Aug 2026.1
- Corrected and re-checked against 2 cited sources at this review.
1. What the law is
Codigo Penal art. 296 et seq. criminalize drug production and trafficking. Art. 299 ('posesion no punible'), as substituted by Decreto Legislativo 1592 (Diario Oficial El Peruano, 14 December 2023) and further amended by Ley 32195 (15 December 2024), exempts possession of a toxic drug (narcotic, psychotropic or new psychoactive substance) destined for one's own immediate consumption, but only within an enumerated list of drugs and quantities: five grams of cocaine base paste, two grams of cocaine hydrochloride, eight grams of marijuana or two grams of its derivatives, one gram of opium latex or two hundred milligrams of its derivatives, and two hundred and fifty milligrams of ecstasy. Psilocybin is not on the list. The exemption is excluded where two or more types of drug are possessed. The third paragraph separately exempts cannabis and its derivatives held for medical and therapeutic purposes by a patient registered with the Ministry of Health or for authorized research, and industrial hemp held under authorization from the competent authority.1
Article 299 of the penal code lists the drugs a person may carry for immediate personal use, and psilocybin is not among them: it names cocaine base paste, cocaine hydrochloride, marijuana, opium and ecstasy-type substances, each with a quantity against it. That wording was substituted by Decreto Legislativo 1592 in December 2023 and amended by Ley 32195 in December 2024. Production, sale and trafficking are criminal offenses. The 2008 cultural-heritage recognition covers traditional ayahuasca use and does not extend to psilocybin mushrooms.
2. Pending legislation
No bill is on file in Peru 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.
Illegal status takes effect.
Peru had been recorded as legal, which was wrong. The personal-use exemption in article 299 does not name psilocybin, and the cultural-heritage declaration covers ayahuasca and nothing else, so the status was corrected to illegal.
Peru's entry cited a version of the penal code article that had been replaced twice since. The current text is now cited from the official gazette. The list of drugs with a personal-use exemption still does not include psilocybin, so the status is unchanged.
4. Common questions
Is psilocybin legal in Peru?
Psilocybin is illegal in Peru as of 16 Aug 2026.
Are magic mushrooms ("shrooms") legal in Peru?
"Magic mushrooms" and "shrooms" are common names for fungi that contain psilocybin. Psilocybin is illegal in Peru as of 16 Aug 2026. Some laws control the compound and the fungus separately, so this record states the position for psilocybin in Peru.
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.busquedas.elperuano.pe (opens in new tab) · busquedas.elperuano.pe
- 2.busquedas.elperuano.pe (opens in new tab) · busquedas.elperuano.pe
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.
Peru's entry cited a version of the penal code article that had been replaced twice since. The current text is now cited from the official gazette. The list of drugs with a personal-use exemption still does not include psilocybin, so the status is unchanged.
Peru had been recorded as legal, which was wrong. The personal-use exemption in article 299 does not name psilocybin, and the cultural-heritage declaration covers ayahuasca and nothing else, so the status was corrected to illegal.
Peru: psilocybin legal status. The Psilocybin Record. Accession PE-001. Status as of 16 Aug 2026. https://psilocybinlegalization.com/record/peru
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