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Psychedelic Drug Legislative Reform and Legalization in the US

Joshua S. Siegel, MD, PhD1; James E. Daily, JD2; Demetrius A. Perry, MA1

JAMA Psychiatry. 2023;80(1):77-83. doi:10.1001/jamapsychiatry.2022.4101

According to this recently published research, analytical models based on the precedent from cannabis reform are indicating that psychedelics will be legalized in the majority of U.S. states over the coming decade or so.

In 2019 there were just 5 psychedelic reform bills, 6 in 2020, 27 in 2021, and 36 in 2022.  We are only in the 3rd month of 2023 right now but I am seeing a remarkable 141 bills coming up with a "psilocybin" keyword search for action in 2023!  Not all of these are true psychedelics reform bills but you can comb through them yourself and see that most ARE indeed relevant.
For anyone interested in tracking these legislative efforts, I recommend registering for a free account with billtrack50.  The best search term seems to be "psilocybin" and not something more generic like "psychedelics".  You can even receive alerts for when your search term produces new results:

Truly exciting times for our community and those that might benefit from these changes.  Even if many of the proposals fail to be passed, it's at least a positive first step to even see so many legislators considering these measures.  It is also nice to see these proposals coming from multiple sides of the political spectrum and not just associated with a single political party.

I can't even cover them all here it would take too long, but I encourage the interested viewer to go to billtrack50 and give it a scan, if there is a particular state of interest to you, you can easily dive deeper from there including your own state or nearby states to see what is happening around you and perhaps look into ways you can help support these efforts.  You can also contact your own local legislators to encourage them to follow these leads.  I also just discovered this site (Psychedelic Legalization & Decriminalization Tracker) that helps track state by state legilative reforms.  Here's just a sampling of what is going on right now:

NEW YORK (3 psilocybin related bills):

New York lawmakers to consider legalizing psychedelics

One bill would legalize the possession, use, cultivation and gifting or exchange of certain naturally occurring substances while offering protections to adults who may choose to use them. Covers DMT, ibogaine, mescaline, and psilocybin.

The bill would also legalize kits designed for the purpose of planting, growing, or harvesting any species of plant or fungus from which a hallucinogen can be derived.

https://www.billtrack50.com/billdetail/1505197/ https://www.billtrack50.com/billdetail/1559148/ https://www.billtrack50.com/billdetail/1552818/

California

This bill would legalize psilocybin, psilocin, DMT, ibogaine, and mescaline for personal use or facilitated use for persons 21 years of age or older. Repeals all laws against spores or cultivation of these substances or any paraphenalia to use them.

Connecticut (2 bills)

The Connecticut House Judiciary Committee has legislation to decriminalize low-level possession of psilocybin.

Effective October 1, 2023, people who are found to be in possession of up to one-half ounce of the psychedelic mushrooms would face a civil penalty of $150 for a first offense. For each subsequent offense, the fine would be between $200-$500.

Separately they have a bill for "Allowing The Use Of Psilocybin For Medicinal And Therapeutic Purposes."

Hawaii (15 bills but most seem related to the below)

One bill establishes the Therapeutic Psilocybin Working Group within the Department of Health. Requires the working group to examine the medicinal and therapeutic effects of psilocybin or psilocybin-based products on mental health, report to the Legislature before the Regular Session of 2025.

Illinois (3 bills)

One bill from Sen. Rachel Ventura (D) would require the Department of Financial and Professional Regulation (DFPR) to “authorize the distribution of, and make publicly available, psilocybin for medical, psychological, and scientific studies, research, and other information.”

Researchers would look into the “safety and efficacy of psilocybin and other entheogens to treat mental health conditions, including, but not limited to, addiction, depression, anxiety disorders, headache disorders, and end-of-life psychological distress,” a bill summary says.

Iowa

Rep. Jeff Shipley (R) recently filed a bill to remove psilocybin and psilocyn from the state’s list of controlled substances, effectively legalizing the psychedelics.

Massachusetts

A bill that would allow for safe and legal psilocybin treatments and therapy by state approved care providers.

Missouri

A Missouri GOP lawmaker, Rep. Dan Houx (R), recently filed a bill that would authorize a research partnership between the state Department of Health and Human Services and a U.S. Department of Veterans Affairs (VA) hospital to study the “efficacy of using alternative medicine and therapies,” including MDMA, psilocybin and ketamine. Specifically, the researchers would need to explore the potential therapeutic benefits of the psychedelics on post-traumatic stress disorder (PTSD), severe depression, substance misuse disorder and people in end-of-life care. Another Republican lawmaker in the state, Rep. Tony Lovasco (R), filed a bill this session that would provide therapeutic access to psilocybin for people with serious mental health conditions.

New Mexico

In New Mexico, Rep. Christine Trujillo (D) has introduced legislation to establish an eight-member “psilocybin advisory group” appointed by the governor that would be responsible for studying and making recommendations on the “feasibility” of creating a psilocybin therapy program in the state for patients with certain mental health conditions.

Members would specifically need to consider policies around psilocybin cultivation, manufacturing and dispensing, as well as “treatment guidelines for the use of psilocybin-derived products to treat certain mental health issues, including patient selection and provider training and certification.”

Rhode Island

Has a bill that would amend the current law on controlled substances to permit a person to be in possession of less than one ounce of psilocybin. It would also permit psilocybin to be securely cultivated within a person’s residence for personal use. The act would also, contingent on the US FDA’s rescheduling and expanding its access program, mandate that the RI department of health establish rules and regulations on the cultivation, distribution and medical prescription of psilocybin. (Here is a nice article about this bill with some great quotes from the lawmaker that introduced it).

Vermont

Vermont Rep. Joseph Troiano (D) filed a bill that would remove criminal penalties for possessing, dispensing or selling psilocybin psilocybin while establishing a new “Psychedelic Therapy Advisory Working Group” to study the therapeutic potential of various substances.

The group would “examine the use of psychedelics to improve physical and mental health and to make recommendations regarding the establishment of a State program similar to Connecticut, Colorado, or Oregon to permit health care providers to administer psychedelics in a therapeutic setting,” the legislation says.

West Virginia

Has a bill that would remove psilocybin from its controlled substances list (schedule 1) effectively legalizing it in the state.

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Given all of the momentum right now, it's worth pointing out that not everyone involved in the psychedelic community are a positive influence.  Recently a lot of problems with various facilitators and organizations have been coming to light.  If you've been around in the community for a while or studied its history, you would know that this is nothing new, there is a long history of shenanigans and problems.  There have always been bad actors, fraudsters, mental and physical abusers, deceivers and those that would take advantage of the susceptible in various ways (sometimes financially, sometimes though cult like practices, power trips, ego, junk science or other misdeeds).  I think we are entering an era where it is more difficult for people to get away with misbehavior and that is a positive.  Truth comes to light more easily in the modern era and word of misdeeds spreads easily thanks to technology and watchdogs.  Be vigilant, think critically, do research, and don't fall for nonsense.  Extraordinary claims demand extraordinary evidence.  I will be writing more about this topic soon and have been researching one particular group of concern.

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Links to all of my TEKs, Videos, Trip music, and frequently asked questions with answers can be found here: https://www.patreon.com/posts/22774475 (everything is made available for FREE, I do not use pay walls, support the work only if you feel like you've benefited from it and you are able to do so).

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Comments

Jason Manalp

Hmm... Unfortunately, nothing is coming up for Michigan. Good thing I live in Ann Arbor.. There's literally signs all over the city posted by mushroom sellers.

KADOOOO

Can anyone recommend we’re to get ayuaska or mimosa bark

T E The old man and the spore

You can get clean ground mimosa bark on Amazon. I'd try eBay as well. Sometimes the vendors sell on both sites but eBay tends to be cheaper because they don't gouge the vendors like Amazon.