As under-the-table market grows, patients urge Ottawa to regulate magic mushrooms

Thomas Hartle became one of the first Canadians to receive a federal exemption to treat symptoms of his stage-four colon cancer with magic mushrooms -- and he was celebrated for it. But not long after the landmark decision, Hartle says that legal avenues to access the drug have been 'shut off.'

Thomas Hartle became one of the first Canadians to receive a federal exemption to treat symptoms of his stage-four colon cancer with magic mushrooms just a few years ago -- and he was celebrated for it.

But not long after the landmark decision, Hartle says that legal avenues to access the drug have been "shut off," even as an illegal market booms.

"The only places where I really run into problems is with the minister of health himself, and with Health Canada being resistant to moving forward with opening the avenues of this," he said in an interview.

The psychoactive compound produced by the mushrooms, called psilocybin, is not legal in Canada. But early clinical trials are underway to test its effectiveness in treating mental health conditions such as anxiety and depression.

Listed under Schedule III of the Controlled Drugs and Substances Act, the drug can only be obtained legally via an exemption from the federal minister, as part of a clinical trial or through a special access program that allows physicians to request it for patients suffering from serious or life-threatening conditions.

But in some cities, including Vancouver, Toronto and Ottawa, psilocybin can be easily found at a growing number of brick-and-mortar shops openly selling magic mushrooms. And a web search for such products shows they are readily available for delivery to Canadian doorsteps.

In 2020, Hartle was was among a handful of patients -- many of whom were suffering from terminal illness -- granted the exemption to use psilocybin by former health minister Patty Hajdu.