Mexico Reconsiders Magic Mushrooms
The Supreme Court in Mexico is reconsidering the ban on practices involving psilocybin mushrooms.
The case, which was first debated in 2024, seeks to determine whether this restriction violates fundamental rights such as the free development of personality and the right to health. And the decision could set a historic precedent in the protection of traditional Indigenous knowledge.
In the draft resolution, Minister González Alcántara Carrancá argued that the absolute ban does not pass the so-called “strict proportionality” test, used to settle conflicts between rights. And in his view, a total ban is neither appropriate nor the least harmful measure for protecting public health and violates other fundamental rights such as the free development of personality.
In opposition to the ban, the International Center for Ethnobotanical Education, Research, and Service (ICEERS) filed an amicus brief to the Mexican Supreme Court with the aim of providing additional technical information for its eventual decision.
The debate comes at a decisive moment for the evolution of Mexican constitutional law, amid structural changes and legislative stagnation in drug policy, as is evident in the delay to regulate cannabis, which has been drawn out for more than ten years now.
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