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Constitutional challenge pending

South Africa Decriminalised Cannabis. Psilocybin Is Next.

Psilocybin mushrooms are classified alongside heroin under Schedule 7 — despite overwhelming evidence that they are non-addictive, non-toxic, and therapeutically valuable. A landmark court case could change everything. Add your name.

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Goal: 10,000

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1 in 6

South Africans suffer from depression, anxiety, or substance abuse

suicides per day in South Africa

known lethal overdoses from psilocybin

R35bn

annual cost of mental health disorders

The Science

Schedule 7 Requires a Substance to Be Harmful, Addictive, and Without Medical Use

SAHPRA classifies psilocybin as Schedule 7 — alongside heroin and fentanyl. That classification requires three criteria. Psilocybin fails all three.

"Harmful"

Professor David Nutt describes psilocybin as among the safest drugs known to science. Extremely low toxicity. Virtually no risk of lethal overdose.

Not supported

"Dependence-Producing"

Animal and human research confirm psilocybin is not addictive. Described as "anti-addictive" — actively used to treat nicotine and alcohol addiction.

Not supported

"No Medical Use"

Clinical trials at Johns Hopkins and Imperial College London show sustained efficacy for depression, PTSD, anxiety, and addiction. Australia approved prescription use in 2023.

Not supported

Healing should not be a crime.

Thousands of South Africans living with depression, trauma, and addiction deserve access to every safe, evidence-based treatment available. The science is clear. The law must follow.

Constitutional Rights

The Same Constitution That Freed Cannabis

In 2018, the Constitutional Court ruled in Prince that private cannabis use was protected by the right to privacy. The same reasoning applies with even greater force to psilocybin.

Section 14

Privacy

The choice to ingest a substance in private lies at the core of personal liberty.

Section 10

Dignity

Subjecting intimate personal choices to criminal law infringes human dignity.

Section 12(2)

Bodily & Psychological Integrity

The right to cognitive liberty — self-determination over one's mind — is violated.

Section 27

Access to Healthcare

Criminalising a proven therapeutic substance denies access to treatment.

Section 15

Freedom of Belief

Forcing a choice between spiritual practice and law contradicts the Constitution.

Section 9

Equality

Criminalising psilocybin while permitting far more harmful alcohol and tobacco is irrational.

The Court Case

Cromhout & Ferguson v Minister of Justice

Case No: 2024-040119, Gauteng High Court. Represented by Cullinan & Associates — the same firm that decriminalised cannabis.

December 2014

Monica Cromhout arrested

A retired trauma counsellor faces 15 years for facilitating psilocybin sessions.

September 2018

Cannabis decriminalised

The Constitutional Court rules in Prince that private cannabis use is protected.

12 April 2024

Application filed

Cromhout and author Melinda Ferguson launch a constitutional challenge.

6 December 2024

State opposes

Only the DG of Health opposed. Ministers of Justice, Police, and Social Development did not.

Pending

Judgment awaited

If successful: prohibition declared unconstitutional, Parliament given 24 months to regulate.

"The law allows far more harmful substances — alcohol, tobacco, and now cannabis."

Monica Cromhout — Court Application, 2024

Sign the Petition

people have signed this petition

10,000 more needed

What We're Asking

We call on the Portfolio Committee on Health and SAHPRA to review the Schedule 7 classification of psilocybin, engage with the pending constitutional challenge, and consider a framework for adult private use, supervised therapy, and research.

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