1. What the law is
Peru's penal code lists the drugs a person may carry for immediate personal use, and psilocybin is not among them. Article 299 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. History
The legal events behind this entry, dated and oldest first. Our own reviews and corrections are listed under Changes to this record.
Illegal status takes effect.
3. Proposed laws
No proposed law is on file in Peru that would change this entry, as of the 16 Aug 2026 review.
4. Common questions
Is psilocybin legal in Peru?
Psilocybin is illegal in Peru.
Are magic mushrooms ("shrooms") legal in Peru?
"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 is illegal in Peru.
Read the law
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
Sources
This entry's status is checked against the primary sources below, and the methodology explains how each entry is graded for confidence.
- 1.busquedas.elperuano.pe (opens in new tab) · busquedas.elperuano.pe
- 2.busquedas.elperuano.pe (opens in new tab) · busquedas.elperuano.pe
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
2 changes on file, the latest on . Show allHide
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.
Psilocybin Media Group. "Peru: psilocybin legal status." The Psilocybin Record, accession PE-001, version of 23 Aug 2026. https://psilocybinlegalization.com/record/peru