Are Psychedelics Legal in Peru?
The laws in Peru are strict regarding the use and sale of psychedelic substances.
MDMA, LSD, Ketamine, and psilocybin are all currently banned in Peru.
However, it’s possible to prove personal use under certain circumstances — which reduces the penalties if prosecuted.
Psilocybin, the main active chemical in magic mushrooms, is criminalized by law throughout Peru. Shrooms are therefore illegal to cultivate, carry and sell. However, it’s possible to prove personal use of this substance, leading to reduced penalties.
According to Decree-Law 22095, published in 1978, psilocybin qualifies as a Schedule I, category “B” substance. This can lead to a maximum sentence of 15 years, although the 1991 Penal Code says that possession for personal use will not be punishable. The judge will determine whether a personal use case is feasible depending on the amount.
Peruvian laws are not specific about the possession and distribution of spores used for growing psychedelic mushrooms. Article 55 of Law 22095prohibits the planting and cultivation of Schedule I “A” substances but does not mention anything about the “B” category, where psilocybin is at.
As the law is not clear, we recommend proceeding with caution. Spores are legal almost everywhere, but cultivating them is not.
Yes, multiple species of psychedelic mushrooms grow in Peru. Among these, Psilocybe brasiliensis, Psilocybe cubensis, and Panaeolus cyanescens.
Today, science is beginning to explore the medicinal uses of magic mushrooms. Most of this research is being conducted in North America and Europe.
In addition to these therapeutic uses for psychological conditions, shrooms have also been proven effective against cluster headaches.
No. Peru’s laws regarding LSD (lysergic acid diethylamide) are strict.
Anything other than personal use is punishable with elevated fines and a long prison sentence.
Selling LSD or any chemical used to make LSD is also criminalized under Peruvian law.
MDMA (AKA ecstasy) isn’t included in Decree-Law 22095 but was instead prohibited in the 1991 revision.
The latter stipulates that you cannot possess more than 250 milligrams of MDMA, and carrying more than that becomes an offense. However, if you stay below that, it’s considered personal consumption and is not punishable by law.
Its manufacture is prohibited in all its aspects, even for personal consumption.
Furthermore, it is even illegal to produce it for scientific use, which leads to a delay in research regarding the therapeutic properties of MDMA.
Ketamine is included in Schedule III “A” in Decree-Law 22095 as a derivative of phencyclidine. For this reason, its possession or sale is considered less severe, having a maximum penalty of 2 years for selling it outside of pharmacies.
While ketamine has long been known for medical and veterinary uses, the possibility of therapeutic benefits is still being investigated in some countries, especially for cases of post-traumatic stress disorder (PTSD) and persistent depression.
Unfortunately, this is not the case in Peru, as ketamine research is prohibited here.
You also need to know that, even though it is a substance used in ancient rituals in the region, ayahuasca is technically illegal in Peru.
There’s an important distinction to make between legalization and decriminalization.
Legalization completely removes all penalties related to possession and authorized sale.
Decriminalization involved reducing (but not eliminating) the penalties of breaking a particular law.
Peru is still a conservative country regarding the use, production, and sale of psychedelic substances. For the time being, no progress is being made in this regard, and we recommend extreme caution in case of possessing LSD, MDMA, or similar substances in this country.
A step forward was taken with the legalization of medical cannabis in 2017, so there is hope that, in the future, Peru will continue in this regard, as the United States and different countries in Europe have already done.