From the federal agencies like the DEA, to rural Oregon, there are lots to track this summer in the sphere of psychedelic decriminalization.
Yet, as psychedelic decriminalization progresses, and access to psychedelic substances widens, it is becoming clear that implementation and the priorities of individual communities will be a balancing act of many issues yet to be considered.
Biden Administration “Anticipates” MDMA and Psilocybin Approval in Two Years
President Joe Biden’s administration has gone on record saying they “anticipate” the approval of MDMA and psilocybin in the next two years. Both compounds have been granted “breakthrough” therapy status by the FDA for their potential to treat PTSD and depression.
The Intercept reported that Health minister Miriam Delphin-Rittmon sent a letter to Rep. Madeleine Dean urging that psychedelics “must be explored.” The letter makes it clear that the SAMHSA and the Assistant Secretary for Health are considering a Federal Task Force to assist with clinical, regulatory, and public health concerns.
Rep. Dean recommended establishing the task force within 24 months, and Delphin-Rittmon has suggested “…collaboration across federal agencies with outside stakeholders will be the most effective way to ensure we are thoughtfully coordinating work on emerging substances.”
Right to Try Bipartisan Legislation from Cory Booker and Rand Paul
In a rare bipartisan move, senators Cory Booker and Rand Paul have submitted legislation clarifying that the Right To Try Act, signed by former president Trump, allows terminal patients to use Schedule 1 drugs that have passed Phase 1 trials.
The legislation uses specific language, which leaves no question that psilocybin and MDMA are allowed under Right to Try. The DEA has previously blocked terminal patients from access to these compounds. If successful, the legislation could influence an ongoing lawsuit against the DEA regarding its denial of psilocybin to terminal cancer patients.
Senator Booker is clear, “Recent studies suggest that MDMA and psilocybin could represent an enormous advancement in mental health and psychopharmacology,” and Rand Paul echoed, “As a physician, I know how important Right to Try is for patients facing a life-threatening condition.”
DEA Rolls Back Scheduling of 5 Compounds
Earlier this year, the DEA proposed adding five more compounds to Schedule 1 of the Controlled Substance Act. This classification assumes substances have a high potential for abuse and no medical value.
However, scheduling substances currently being explored for medical applications received considerable pushback from researchers and advocates during the DEAs public hearing.
The DEA subsequently agreed to an additional legal hearing. Legal counsel Matt Zorn, supported by experts in the field, spearheaded a successful rollback of the decision to place the substances in Schedule 1.
The win is not only a victory for the specific compounds but a sign that the DEA is listening to feedback. The DEA is within its rights to ignore the proceedings; however, thus far, the decision seems to have staying power.
Veterans Association Clinical Trials
The New York Times reported the Veterans Association is running five clinical trials with MDMA and psilocybin. The goal is to determine how effective psychedelics are for treating post-traumatic stress disorder and addictions.
Many veterans have traveled abroad to seek psychedelic treatment because of reports of impressive results. As a result, many veterans are now outspoken advocates for psychedelics to treat PTSD.
Dr. Rachel Yehuda, an expert on PTSD, sees psychedelic therapy as a breakthrough for many people but told The Times, “we just have to figure out who they are, and more importantly, who they aren’t.”
Potential California Decriminalization Bill 519 Developments
California Senator Scott Wiener has been pushing Senate Bill 519 to decriminalize psychedelics in California. The legislation made progress in 2021 but was stalled while lobbyists gathered momentum.
The bill would allow adults over 21 to possess compounds like MDMA, psilocybin, and DMT without penalties. It also moves to establish a working group to revise regulations, education, and harm reduction policies. The proposal
is now attached to cannabis reforms which could be up for debate in early August.
San Francisco Decriminalization Measure Introduced
A measure has been introduced in San Francisco that would decriminalize entheogenic plants currently considered Schedule 1. If successful, it would not allow city resources to be “used for any investigation, detention, arrest, or prosecution” against those who use substances like psilocybin, DMT, mescaline and ibogaine.
The measure was introduced by Supervisors Dean Preston and Hillary Ronen in late July, but lawmakers will not make a resolution until they return from recess on September 1. Until that time, advocates will continue to speak to lobby with the hope of addressing rampant drug abuse and homelessness. Marjorie Sturm of Decriminalize Nature San Francisco explained to Filtermag, “We know the set and setting matters, so this threat of persecution and illegality is really overbearing.”
Amendments in Congress from Alexandria Ocasio-Cortez
Alexandria Ocasio-Cortez has again been pushing psychedelic reform to facilitate easier research of psychedelics. This is AOC’s third attempt at moving legislation through congress. The first attempt in 2019 was apparently met with laughter; however, a lot has happened in psychedelics since.
The proposed amendment would loosen research restrictions on several Schedule 1 drugs, including MDMA, psilocybin, and ibogaine. Specifically, AOC seeks to change a law prohibiting the use of federal funds “that promotes the legalization of any drug or other substance in Schedule I.”
Florida Republican Rep. Matt Gaetz has also offered support, stating that “Alex deserves a TON of credit for vastly increasing dem support here.” With their combined influence, bipartisan support for psychedelics is being rallied.
It is ridiculous that Congress upholds War on Drugs-era barriers on federal research into substances like psilocybin, ibogaine,& MDMA when early results are indicating major promise in treating PTSD, addiction,& more.
I’m trying (again) to lift them so we can pursue the science. https://t.co/e87U3UYhUS
— Alexandria Ocasio-Cortez (@AOC) July 22, 2021
Natural Medicine Colorado Campaign
After the success of the Natural Medicine Colorado campaign and the assistance of New Approach PAC, 100,000 signatures were submitted in support of the “Natural Medicine Health Act.” The Secretary of State’s office responded by scheduling a ballot in November.
The measure is focused on the therapeutic use of natural medicines like psilocybin, mescaline (not peyote), Ibogaine, and DMT. The act calls for a two-tiered system initially focused on allowing the use of psilocybin, citing the “breakthrough status” endorsement by the FDA. In 2026, the option to include the remaining substances would be brought forward.
Adults could access psilocybin through trained facilitators at licensed healing centers, clinics, or at home. The measure prohibits the sale or recreational use of psychedelics.
Following the footsteps of Denver in 2019, Initiative 61 does still have resistance, even from inside the decriminalization movement. The involvement of New Approach funding has made certain activists suspicious of corporate interests not aligned with decriminalization goals of equitable access.
Oregon Develops Legal Frameworks
The Oregon Psilocybin Services Act continues to develop. The framework is expected to be released by the end of 2022, with license applications opening up in early 2023.
Measure 109 and the Psilocybin Advisory Board will set a precedent for other states and nations. The conversation is complicated, particularly concerning access and inclusivity, which Jon Dennis details thoroughly in this Chacruna article.
Dennis explains that community-based models would “allow responsible psilocybin professionals and responsible clients to utilize community resources to provide access that is safe and affordable.”
Proposed community-based models draw inspiration from the traditional use of psychedelics by suggesting peer support or group ceremonies might strike a balance between high costs associated with safety measures and equitable access.
However, not every community is welcoming psilocybin, with Clackamas County opting to ban psilocybin with a growing number of other counties putting the issue to voters in November. Psychedelic Alpha has created an online tracker to keep up with development.
