Major Psychedelic Laws Being Proposed Across The United States ☼

Maisa Della Valle, Sep 7, 2021


The psychedelic renaissance has led to a myriad of legislation being proposed across the nation. California, Massachusetts, Texas, and Connecticut are just some of the states proposing major laws in favor of psychedelic therapy. Advocates are hopeful that policy changes will occur within the next four years in favor of the decriminalization of psilocybin, MDMA, and other psychedelics. Currently, all eyes are on local initiatives such as Oregon’s legalization of psilocybin therapy and decriminalization of all drugs, while Washington D.C. decriminalized all fungi-and plant-based psychedelics during this past election.  


California

In California, Senator Scott Wienerthe proposed the bill SB-519 to legalize the possession for personal use and social sharing of psilocybin, psilocyn, DMT, ibogaine, mescaline, LSD, ketamine, and MDMA by people 21 years and older. The bill would provide penalties for possession of such substances on school grounds, possession by, or sharing with, persons under 21 years of age. The California Senate approved legislation to decriminalize the possession or sharing of psychedelic drugs, and the bill passed the Senate and Assembly policy committees but has since been stalled. This groundbreaking legislation moved farther than many anticipated. Delaying the consideration of the bill will allow supporters to build momentum and capitalize on more support in the Assembly next year.


Massachusetts

As for Massachusetts, representatives Liz Miranda and Mike Connolly have introduced the bill S-1277. Supporters of the bill are making a strong case for reform, and they are arguing in favor of the emerging research that shows the benefit of entheogenic substances in therapeutic settings. During a Joint Judiciary Committee meeting this past year, it was noted that three Massachusetts cities have decriminalized psychedelics so far. As of July, the lawmakers proposed a 21-member task force that would be responsible for analyzing the feasibility of legalizing the possession, transportation, distribution, and consumption of psychedelics. If approved, this group would allow for Massachusetts to play a large role in the creation of policies for these entheogenic plants and fungi. 


Texas

In Texas, Governor Greg Abbot signed the bill HB-1802 that allows the state to study the benefits and risk of MDMA, psilocybin, and ketamine for veterans. The bill also allows for a clinical trial utilizing psilocybin as a tool to help those struggling with post-traumatic stress disorder (PTSD) to be conducted. There will be a number of safeguards in place to ensure that no one abuses this and that researchers can learn more about the efficacy. While Texas has a historically conservative approach to drug legislation, the lawmakers have taken a very progressive stand with this bill, especially when it comes to psychedelic therapies for veterans. Sponsors of the bill are hopeful that states across the nation will look to Texas for leadership when it comes to addressing the mental health crisis facing the country.


Connecticut

In Connecticut, Governor Ned Lamont signed the bill SB-1983 that allows for the state to carry out a study regarding the therapeutic benefits of psilocybin.  The proposal is part of the wider package of health reform initiatives, and until January 1, 2022 the working group must compile and issue a report on its findings to the legislature. 


Here in Hawaii

Hawaii’s legislative session is from January through May each year. In 2020, we introduced a resolution and supported a bill that created a working group which would establish safe access to legal psychedelics. We will do the same in 2021, and we will also tackle decriminalization at the City and County of Honolulu, which would impact the island of Oahu.


Looking Forward

Insiders of the psychedelic movement are optimistic that alongside local reform there will be a federal shift towards legalization. Given the FDA’s signaling, greenlighting both psilocybin and MDMA with FDA Breakthrough Status, this is all too likely.  The promising benefits of psychedelics are becoming more known, with several states pursuing exciting avenues to decriminalize and increase legal access to psychedelics. 


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