As the psychedelic renaissance contributes to a swelling pool of safety and efficacy data pertaining to the potential therapeutic benefits of psychedelic medicine, many localities—particularly in North America—are revising their legal frameworks.
This is happening in a number of ways: from the least rigorous incarnation which involves making the enforcement of psychedelics’ illegality the lowest law enforcement priority in a given city (such as in Oakland and Washington, DC), right through to state-wide legalization of specific psychedelics (such as in Oregon and Colorado).
The map below seeks to track these initiatives.
Last updated: March 14, 2024 .
US Psychedelics Legalization Status
Measure 109, the Oregon Psilocybin Services Act , directs the Oregon Health Authority (OHA) to license and regulate the manufacturing, transportation, delivery, sale and purchase of psilocybin products and the provision of psilocybin services. A two-year development period is allowed for from January 1, 2021 to December 31, 2022, during which the OHA will work with the Oregon Psilocybin Advisory Board to establish rules and regulations implementing Measure 109 and the use of psilocybin products and services. Applications related to the manufacture, sale and purchase of psilocybin products and the provision of psilocybin services will be accepted starting on January 2, 2023.
Measure 110, the Drug Addiction Treatment and Recovery Act , went into effect on February 1, 2021. It reclassified personal possession of small amounts of drugs as a civil violation with a $100 fine, which can be avoided if the person agrees to seek treatment. For possession of slightly larger amounts of some drugs, the penalty was reduced from a felony to misdemeanor possession. Treatment services are to be funded by marijuana tax revenue. Criminal penalties still apply for commercial drug activities and possession of larger amounts.
Introduced in January 2022 by state lawmakers, SB 1580 would create a task force to investigate and make recommendations about how to address issues related to equity and access to psilocybin service under Oregon’s burgeoning psilocybin services program. The task force is charged with making recommendations about a variety of equity and access topics including how to address barriers keeping people of color and people who are low income from participating in Oregon’s burgeoning psilocybin services program as business owners, facilitators, or clients. If this bill is enacted, the task force would be required to report their findings no later than November 1, 2022. This bill was placed in committee upon adjournment in March 2022 with no further movement.
On January 1, 2023, HB 2831 was introduced to the legislature. The purpose of the bill would be to repeal Measure 110 which had previously decriminalized substance possession in the state. A second bill HB 3549 would have reinstituted criminal penalties for possession of controlled substances.
SB 303 was introduced by the Senate on January 9, 2023. The bill allows for the collection of aggregate data from licensed psilocybin service centers, and forward this information to the Oregon Health Authority and Oregon Health and Science University. All aggregated data would be made publicly available. Clients could also request their information be kept confidential. On May 23, 2023 the bill had been passed by both chambers, SB303 was signed by Governor Kotek on June 6, 2023.
In 2019, Denver Colorado became the first city in the U.S. to deprioritize law enforcement for possession of psilocybin mushrooms with the passage of Initiative 301 , which states that personal possession of mushrooms is the city’s “lowest law enforcement priority.” The initiative prevents law enforcement from using city funds for criminal law enforcement of the personal use and possession of psilocybin mushrooms by adults. However, Initiative 301 did not legalize psilocybin mushrooms.
On March 1, 2020, HB19-1263 went into effect state-wide. The act makes possession of 4 grams or less of a controlled substance listed in schedule I or II a level 1 drug misdemeanor; except that possession of any amount of gamma hydroxybutyrate (GHB) or a fourth or subsequent offense for possession of 4 grams or less of a schedule I or II controlled substance or any amount of a schedule III, IV, or V controlled substance is a level 4 drug felony.
Building off this momentum, in December of 2021, Colorado activists Kevin Matthews, the former campaign manager behind Initiative 301, and Veronica Perez introduced two nearly identical ballot measures, Initiative 49 and Initiative 50 , which proposed creating psychedelic treatment centers. Initiative 50 would have legalized the cultivation, possession and use of psilocybin and psilocin as “natural medicine.” Initiative 49 would also have included ibogaine, dimethyltryptamine, and mescaline (excluding peyote) as legal “natural medicines.” However, support for both measures was discontinued, as activists opted to revise the proposed initiatives.
In January 2022, activists filed Initiative 58 and Initiative 59 , which are revised versions of the “Natural Medicine Health Act of 2022,” previously proposed in Initiatives 49 and 50. On July 21, 2022, it was announced that Initiative 58 received enough signatures to qualify for the 2022 general election ballot. It appeared as Proposition 122 , the Decriminalization and Regulated Access Program for Certain Psychedelic Plants and Fungi Initiative. Initiative 59 expired , but Proposition 122 was approved 54%-46% in November 2022 .
In January 2022 activists with Decriminalize Nature Boulder County filed Initiative 61 . This initiative would have legalized the cultivation, possession and use of psilocybin, psilocin, ibogaine, mescaline, and dimethyltryptamine by people aged 21 and older. However, Initiative 61 failed to garner the required number of signatures and did not appear on the 2022 general election ballot.
Also in January 2022, State Senator Joann Ginal (D) and Representative Alex Valdez (D) introduced HB 22-1116, which proposed to create a panel charged with investigating the possible uses of plant-based medicines in mental health treatment. The panel would have had one year to report its findings and policy recommendations to Colorado’s legislative committees. However, on April 5, 2022, the Colorado House decided to postpone the bill indefinitely.
On March 28, 2022, HB 22-1344 was introduced into the House and assigned to the Public & Behavioral Health & Human Services committee. The bill states that if the United States food and drug administration approves a prescription medicine that contains 3,4-methylenedioxymethamphetamine (MDMA), and if that medicine has been placed on a schedule of the federal “Controlled Substances Act”, other than schedule I, or has been exempted from one or more provisions of such act, then thereafter prescribing, dispensing, transporting, possessing, and using that prescription drug is legal in Colorado in connection with MDMA-assisted therapy for PTSD and other comorbidities. The bill passed the third reading in the House on April 8, 2022, and in the Senate on April 29, 2022. On June 8, 2022, Governor Jared Polis (D) signed HB 22-1344 into law.
On April 5, 2022, the members of the House Public and Behavioral Health and Human Services Committee voted unanimously to postpone HB22-1116 indefinitely. In view of proposed ballot initiatives, like Proposition 122 , Rep. Valdez requested the removal of HB22-1116 from consideration which prompted the committee vote.
On April 11, 2022, the city of Aspen approved a petition for a proposed ballot measure, which would make enforcing laws related to the “therapeutic use” of “plant medicines,” such as “ayahuasca, ibogaine, dimethyltryptamine, mescaline, psilocybin or psilocin” the “lowest law enforcement priority in the City of Aspen.” The term “therapeutic use” includes the “possession, storage, planting, cultivating, and transporting of plant medicines” by an adult over the age of 21. The organization behind the proposed measure, Right to Heal, had until October 11, 2022, to submit the required number of signatures to get the measure included on the ballot for the March, 2023 election.
On November 8, 2022, the voters of Colorado passed Proposition 122, making Colorado the second state in the country to enact a regulated access program for psychedelics. Proposition 122 will establish the Natural Medicine Advisory Board which will advise Colorado regulators on the creation of state sanctioned “healing centers.” The proposition will also allow individuals over 21 years old to obtain access to “natural medicines” at “healing centers.” The proposition defines the term “natural medicine” to initially include only psilocybin and psilocyn. However, the term would be expanded on June 1, 2026, to include dimethyltryptamine, ibogaine, and mescaline (excluding peyote). The Department of Regulatory Agencies (the Department) will have until January 1, 2024, to “establish the qualifications, education, and training requirements that facilitators must meet prior to providing natural medicine services.” Further, no later than September 30, 2024, “the Department shall adopt rules necessary to implement the regulated natural medicine access program and shall begin accepting applications for licensure by the date with decisions made on all licensing applications within 60 days of receiving the application.” The specific administrative rules that are passed in the coming years will be important because they will have a large impact on exactly what regulated access looks like in Colorado.
Additionally, Proposition 122 decriminalized the “Possessing, storing, using, processing, transporting, purchasing, obtaining, [and] ingesting natural medicine for personal use, or giving away natural medicine for personal use without remuneration” to people over the age of 21. Growing, cultivating, and processing plants or fungi capable of producing natural medicine for personal use has also been decriminalized at any “private home or residence” if they are secured from access by people under 21.
On April 18, 2023, Senate President Steven Fenberg (D) introduced SB23-290 , amending the regulatory language from Proposition 122. It was passed by 25 to 10 in the Senate and 45 to 18 in the House before being signed by Governor Polis on May 23, 2023. The bill puts penalties on public consumption, addresses local preemption, and protections for those consuming natural psychedelics. It also creates a legal framework for use at healing centers, and allows unlicensed facilitators to take donations for their work.
On June 7, 2021, the Governor signed into law Senate Bill 1083 that calls upon the Department of Mental Health and Addiction Services to convene a working group “to study the health benefits of psilocybin” and examine “whether the use of psilocybin by a person under the direction of a healthcare provider may be beneficial to the person’s physical or mental well-being.” The working group is directed to “submit a report on its findings and recommendations” no later than January 1, 2022.
On May 7, 2022, the Governor signed House Bill 5506 adjusting the state budget for the biennium, effective from July 1, 2022 to June 30, 2023. This state budget bill specifically earmarked funds for psychedelic-assisted therapy programs administering psilocybin and MDMA treatments. Under the pilot program, veterans, retired first responders, and direct care health care worker can be qualified to receive MDMA-assisted or psilocybin-assisted therapy under the supervision of an approved federal Food and Drug Administration treatment site.
An appointed Connecticut Psychedelic Treatment Advisory Board will advise the Department of Mental Health and Addiction Services “on the design and development of the regulations and infrastructure necessary to safely allow for therapeutic access to psychedelic-assisted therapy upon the legalization of MDMA, psilocybin and any other psychedelic compounds.”
On January 9, 2023, Rep. David Michel (D) and Sen. Gary Winfield (D) introduced HB 5102 , which would “allow the use of psilocybin for medicinal and therapeutic purposes, including, but not limited to, the provision of physical, mental or behavioral health care.” The proposed bill merely provides that “the general statutes be amended to allow” such use. It was referred to the Joint Committee on Public Health.
On January 18, 2023, HB 6146 was referred to the Joint Committee on Public Health after being introduced by Rep. Michelle L. Cook (D). This bill would implement a psychedelic assisted therapy pilot program by appropriating money from the General Fund. On February 8, 2023, the bill was referred to the Appropriations Committee.
Connecticut House Bill 6734 , “An Act Concerning the Decriminalization of Possession of Small Amounts of Psilocybin,” introduced by Reps. Hughes, Simms, Michel, Porter. Public Hearing on March 1, 2023; no additional hearings on calendar the bill was passed by the House on May 11, 2023. HB6734 would eliminate criminal penalty for possessing less than ½ ounce of psilocybin and for possessing paraphernalia related to less than ½ ounce of psilocybin; requires temporary loss of driver’s license for possessing greater than ½ ounce of psilocybin, when under 21-years of age. Proposed Effective Date: October 1, 2023.
“The Decriminalization of Possession of Small Amounts of Psilocybin Act,” reintroduced as HB 5297 by Reps. David Michel and Travis Simms, outlines provisions for individuals found in possession of less than ½ ounce of psilocybin. According to the bill, a first offense will incur a fine of $150, while subsequent offenses will result in fines ranging from $200 to $500, along with mandatory enrollment in a drug education program.
The legislation was forwarded to the Joint Committee on Judiciary on February 26, 2024, and a Public Hearing is scheduled for March 6th. The proposed effective date for the act is October 1, 2024.
November 23, 2021 Representative Dotie Joseph (D) introduced HB 725 , the “Collateral Consequences of Convictions and Decriminalization of Cannabis and All Drugs Act.” The bill states “Crimes associated with the personal usage and possession of controlled substances that do not involve production, distribution or sale shall be decriminalized in favor or civil fines and referral for drug rehabilitation.” In March 2022, the bill died in the Criminal Justice & Public Safety Committee.
Senate Minority Leader Lauren Book (D) and Representative Michael Grieco (D), the Ranking Minority Leader of the House Subcommittee on Criminal Justice and Public Safety, have also introduced bills that would require officials in the state to “conduct a study to evaluate the therapeutic efficacy of alternative therapies,” including MDMA, psilocybin, and ketamine, to treat conditions such as depression, anxiety, PTSD, bipolar disorder, chronic pain, and migraines. The bills, introduced as SB348 and HB193 (“Using Alternative Therapies to Treat Mental Health and Other Medical Conditions”), were modelled on the legislation enacted into law in Texas on June 18, 2021 ( HB1802 ). Both bills died in committee in March 2022 .
A different bill introduced in the previous legislative session (“The Florida Psilocybin Mental Health Care Act,” HB549 ), aimed to legalize and regulate the use of psilocybin for mental health treatment. That bill died on April 30, 2021 in the Professions & Public Health Subcommittee.
On January 22, 2021, Senate Bill 738 was introduced, which would remove psilocybin and psilocyn from the list of Schedule I substances and require the Department of Health to establish designated treatment centers for their therapeutic administration. On February 23, 2021 it was deferred by the Judiciary Committee.
On March 12, 2021, House Concurrent Resolution No. 174 was introduced, which calls for a “Medicinal Psilocybin and Psilocin Working Group” to be established in the Health Department and for members to study the current laws governing psilocybin, the existing research related to the “safety and efficacy” of psychedelics for mental health treatment, and propose guidelines for medical professionals to “prescribe and provide psilocybin” to patients. The working group “is requested to develop a long-term strategic plan to ensure the availability of medicinal psilocybin and psilocin or psilocybin-based and psilocin-based products that are safe, accessible, and affordable for adults twenty-one years of age or older.”
A parallel resolution ( S.C.R. No. 208 ) was introduced in the Senate on March 12th, and adopted after amendment on March 31st.
On January 21, 2022, Senate Bill 2575 was introduced proposing to remove “psilocybin and psilocyn from the list of Schedule I substances” and “establish designated treatment centers for the therapeutic administration of psilocybin and psilocyn.” If enacted, this bill would also require the governor to “establish and convene a psilocybin review panel to review and assess the effects of this Act.” The panel would be mandated to provide a report, including any proposed legislation, to the legislature each year until 2027, at which point the panel would be disbanded. On January 24th, 2022, the bill passed its first reading, and was referred to the HTH and JDC/WAM committees.
On January 26, 2022, Senate Bill 3160 was proposed to have the Hawaii Department of Health create a “therapeutic psilocybin working group to examine the medicinal and therapeutic effects of psilocybin and develop a long-term strategic plan to ensure the availability of therapeutic psilocybin or psilocybin-based products that are safe, accessible, and affordable for adults twenty-one years of age or older.” If formed, the therapeutic working group would be tasked with examining: laws and regulations related to the therapeutic use of psilocybin; available medical research pertaining to the safety and efficacy of psilocybin in treating mental health conditions; and the “requirements, specifications, and guidelines for a medical professional to prescribe and provide access to psilocybin to patients in jurisdictions where psilocybin is approved to treat mental health conditions.” On March 8, 2022, SB3160 was unanimously approved by the Hawaii State Senate and has advanced to the State House for further consideration.
On March 23, 2022, the Hawaii Senate approved two identical resolutions sponsored by Senator Chris Lee (D), SCR100 and SR88 , which requested that the Hawaii Department of Health “convene a therapeutic psilocybin working group.” However, prior to approval, the Hawaii Senate amended the resolutions making access to psilocybin and psilocin dependent on FDA approval.
On March 9, 2023 a HB1340 (along with companion bill SB1531 ) was introduced to the House by 13 primary sponsors. The Health and Human Services Committee recommended the measure be passed on March 22, 2023, followed by a similar recommendation in the Ways and Means Committee on April 4, 2023 by a unanimous vote. The bill would “establish the beneficial treatments advisory council to review, evaluate, and recommend new medicinal treatments” for psilocybin and MDMA. On March 10, 2023 Senator Chris Lee (D) introduced a bill, SCR69 titled “Requesting The Department Of Health To Establish A Beneficial Treatments Advisory Council To Review, Evaluate, And Recommend New Medicinal Mental Health Treatments.” The bill would “plan to ensure the safe, accessible, and affordable availability of therapeutic psilocybin, psilocybin—based products, and MDMA for adults ages twenty—one years old” A public hearing was scheduled on March 24, 2023 and the Health and Human Services Committee deferred the measure that day.
HF459 aimed to remove psilocybin and psilocin from Schedule 1 controlled substances, but was indefinitely postponed on March 3, 2021.
HF636 was introduced February 23, 2021 and referred to the House Public Safety Committee. The bill proposes creating a Psilocybin Services Act to, in part, provide for regulated administration of psilocybin products to individuals 21 years of age and older in the state. The bill would deprioritize criminal prosecution of noncommercial activities related to entheogenic plants and compounds including ibogaine, DMT, mescaline, peyote, psilocybin, and psilocin.
HF480 was introduced February 11, 2021 and referred to Human Resources. The bill proposes decriminalizing certain schedule I controlled substances, including DMT, LSD, peyote, psilocybin, psilocyn, and MDMA, for use by certain patients diagnosed with a terminal illness or a life-threatening disease or condition.
HF240 was introduced to the House on February 8, 2023 and would remove “psilocybin and psilocyn” from the list of Schedule I controlled substances in the state. Passage was recommended by the subcommittee on February 28th, 2023.
On January 1, 2022, Rep. Michael Davis (R) filed HB 2429 , which was originally introduced February 18, 2021, as HB 1176 . If passed, this bill would expand Missouri’s Right to Try Act to no longer prohibit people with terminal or life-threatening illnesses from using substances such as MDMA, psilocybin mushrooms, LSD, DMT, mescaline or ibogaine with a doctor’s recommendation after exhausting all other approved treatment options, if they qualify as an “investigational drug.” The bill would also reduce penalties statewide for low-level possession of those drugs. The bill was referred to the Committee for Health and Mental Health Policy on March 24, 2022.
On January 18, 2022, with the introduction of HB 2469 , Rep. Peter Meredith (D) proposed to decriminalize possession of small quantities of several scheduled substances, including MDMA, LSD, and psilocybin. Passage of this bill would create a three-tiered penalty system for possession of the outlined substances. For example, the penalty for “possession of not more than…one gram of MDMA,…forty units of LSD, [or] twelve grams of psilocybin” would be changed from a class D misdemeanor to “an infraction punishable by a fine not to exceed one hundred dollars or participation in a treatment program…or both.” Possession of more than these outlined quantities would be considered either a class A misdemeanor or a class D felony depending upon the exact amount. The bill was referred to the Committee on Crime Prevention in May 2022.
On March 1, 2022, HB 2850 was introduced by Rep. Tony Lovasco (R) which proposes to legalize certain “natural medicines” including: ibogaine, psilocybin and psilocin if derived from fungi, DMT and mescaline excluding Lophophora williamsi (peyote) to treat a variety of medical conditions. The bill would also provide immunity to health care providers who recommend “natural medicines” to patients. The penalty for possession of “natural medicines” outside of the sanctioned medicinal uses would also be reduced. If enacted, possession of up to four grams of “natural medicines” would become a Class D misdemeanor carrying a maximum penalty of a $500 fine. Public hearings on the bill were completed on March 28, 2022.
On January 18, 2023, Lovasco introduced HB 869, this time limiting its scope to psilocybin only. HB 869 would allow psilocybin to be used by eligible patients, including those with treatment-resistant depression, PTSD, or a terminal illness. The administration of the drug would be by caregivers in a clinic, hospice, nursing home, or other approved location. Psilocybin would not be legal but the bill would create an affirmative defense against criminal prosecution. However, during a meeting of the House Veterans Committee on March 7, 2023, committee members did not consider the bill. Rep. Dan Houx (R) committed to working with Lovasco on a floor amendment to create a revised version of the bill that may pass.
On March 7, 2023, HB 1154 was approved by the House Veterans Committee in a 11-0 vote. The bill was previously filed by Rep. Dan Houx (R) on February 14, 2023. The bill requires the Department of Health and Senior Services to collaborate with a U.S. Department of Veterans Affairs medical center to conduct a study on the efficacy of using MDMA, psilocybin, and ketamine for the treatment of PTSD, treatment-resistant depression, substance abuse disorders, or for end-of-life care. A clinical trial for psilocybin, a scientific literature review, and various reports to the Governor would be required. If approved by the Missouri Senate and signed by the Governor, the law would take effect on August 28, 2023
On January 3, 2024 HB 1830 and SB 768 were introduced. HB 1830 creates provisions relating to alternative therapies and SB 768 slightly modifies provisions introduced. On February 27, 2024, the Emerging Issues Committee in the Missouri House gave a “Do Pass” designation to HB 768.
HB 1830 and SB 768 establish the criteria for a “bona fide physician-patient relationship” in the context of psilocybin therapy. It outlines conditions under which individuals, aged 21 or older, suffering from specific mental health conditions or requiring end-of-life care, can acquire, use, and possess psilocybin without violating state or local laws. The proposed regulations include enrollment in clinical trials, informing the Department of Health and Senior Services, obtaining documentation from a qualified physician, and adhering to specific usage limits.
Additionally, the bill would allocate two million dollars in grants for research on the use and efficacy of psilocybin therapy for individuals meeting specific criteria, such as suffering from posttraumatic stress disorder, major depressive disorder, or substance use disorder. The Department of Health and Senior Services is required to submit annual reports on the implementation and outcomes of psilocybin use, maintaining confidentiality of collected information. Healthcare providers are protected from legal actions for providing documentation of a patient’s condition, and disclosure of information to the federal government is prohibited.
On June 18, 2021, HB1802 became law. It will be in effect from September 1, 2021 until it expires September 1, 2023. The bill calls for a study led by the Department of State Health Services to evaluate the therapeutic efficacy of alternative therapies including MDMA, psilocybin, and ketamine for the treatment of specific mental health and medical conditions including depression, anxiety, PTSD, bipolar disorder, chronic pain, and migraines. The department will evaluate and compare the efficacy of these novel treatments with current treatments, and prepare and submit a report by December 1, 2022. $1.4 million was allocated to directly fund a clinical trial of psilocybin to treat PTSD in veterans.
On March 9, 2023 Representative Richard Peña Raymond (D) filed HB4288 . This bill would conduct studies on alternative therapies for PTSD, particularly MDMA, psilocybin and ketamine in veteran populations. It was read before the House and referred to the Public Health Committee on March 21, 2023.
On March 21, 2023 Representative Josey Garcia (D) introduced HB 4423 . The bill would establish a psilocybin research council. The council would advise the use of appropriating funds for research on psilocybin in the context of psychiatric and neurological disorders.
On March, 22 2023 Representative Julie Johnson (D) introduced HB4561 , titled “Relating to the establishment of the Alternative Mental Health Therapy Research Consortium…” The consortium would establish a program to allow ketamine clinics in the state and “evaluate the efficacy of using alternative therapies, including the use of ibogaine and 5-MeO-DMT, to treat veterans who suffer from post-traumatic stress disorder, depression, and mild traumatic brain injury.” A report would be due by December 1, 2024.
In June 2019, the City Council of Oakland, California, unanimously passed Resolution No. 87731 CMS resolving that no “city funds or resources” can be used “to assist in the enforcement of laws imposing criminal penalties for the use and possession of Entheogenic Plants by adults.” It also calls upon the District Attorney to “cease prosecution of persons involved in the use of Entheogenic Plants or plant-based compounds,” and declares that “the investigation and arrest of adult persons for planting, cultivating, purchasing, transporting, distributing, engaging in practices with, and/or possessing Entheogenic Plants or plant compounds on the Federal Schedule 1 list shall be amongst the lowest law enforcement priority.”
On December 15, 2020, the City Council of Oakland unanimously passed and adopted Resolution No. 88464 CMS urging the state legislature to immediately enact state laws that decriminalize or legalize the possession and use of entheogenic plants and fungi; to allow local jurisdictions to authorize its citizens to engage in community-based healing ceremonies involving the use of entheogenic plants and fungi without risk of arrest and state prosecution, when practiced in accordance with safe practice guidelines and principles; and that provide legal protections against criminal prosecution for local jurisdictions their elected and appointed officials, practitioners and users operating in accordance with the Oakland Community Healing Initiative (OCHI).
On February 17, 2021 Senator Scott Wiener introduced Senate Bill 519 , which would remove criminal penalties for the possession for personal use and social sharing of psilocybin, psilocyn, MDMA, LSD, DMT, ibogaine, and mescaline (excluding peyote). Ketamine was initially included in the list of compounds, but was removed in the Assembly by committee amendment. The bill also originally included provisions to dismiss and seal prior drug convictions that would no longer be unlawful; that language was removed in the Senate.
After being approved by the full Senate (21-16) on June 1, 2021, SB519 failed to win enough support in the Assembly Appropriations Committee, and on August 26th Senator Wiener announced that the vote would be delayed u ntil the January 2022 session. SB519 died on the inactive file in late November 2022.
The City of Santa Cruz held a city council meeting on September 14, 2021 and Resolution No. NS-29,867 was adopted declaring that the investigation and arrest of individuals twenty-one (21) years of age and older involved with the adult personal use and personal possession of entheogenic psychoactive plants and fungi listed on the Federal Schedule 1 list be amongst the lowest priorities for the City of Santa Cruz, and rescinding previous Resolution No. NS-29,623.
On September, 16, 2022, the San Francisco Board of Supervisors passed a resolution that urges law enforcement officials to make “the investigation and arrest of individuals involved with the adult use of Entheogenic Plants on the Federal Schedule 1 List” among “the lowest priority for the City and County of San Francisco”. The resolution also urges the State of California and the federal government to decriminalize entheogenic plants.
On December 19, 2022, State Senator Scott Wiener introduced SB 58 , which would legalize the possession, transportation, transfer, preparation, and obtaining allowable amounts of psilocybin, psilocyn, dimethyltryptamine (DMT), ibogaine and mescaline for personal or facilitated or supported use by persons 21 years old or older. The bill specifies that “allowable amount” means 2 grams of DMT, 15 grams of ibogaine, 2 grams of psilocybin or psilocin, or four ounces of plant or fungi containing psilocybin or psilocyn. This bill would also repeal the provision of the law that “prohibits the cultivation, transfer, or transportation, as specified, of any spores or mycelium capable of producing mushrooms or other material which contain psilocybin or psilocyn.” Notably, this bill would not legalize LSD, MDMA, or peyote.
On March 28, 2023, the initial hearing on AB 941 ( the End Veteran Suicide Act) was postponed at the request of the author. AB 941 “would authorize a licensed professional clinical counselor to administer controlled substances to combat veterans, as specified. The bill would require the psychedelic-assisted therapy to take place over a minimum of 30 sessions and would require a therapy session to be a minimum of 12 hours in duration, which may occur overnight, as necessary. The bill would also require 2 or 3 licensed professional clinical counselors to be present per patient at a psychedelic-assisted therapy session. On January 9 and January 18 2024, the bill was unanimously passed in both the Health Committee and Appropriations Committee respectively. On January 30, 2024 the bill was read before the Senate Rules Committee for subsequent assignment.
SB 58 was given a hearing on May 1, 2023 and ordered to a third reading the following day. Later that month on May 24, 2023, the Senate voted on SB 58, passing by a 21 to 16 margin in favor of the bill. On June 1, 2023 the bill was referred to the committee on Public Safety and Health, and another hearing was scheduled for the Assembly Appropriations Committee on August 16th.
On July 11, 2023, the City of Berkeley passed a resolution sponsored by councilmember Sophie Hahn which would decriminalize the possession of all psychedelic entheogenic substances except peyote. Despite decriminalizing possession the resolution does not permit sharing or gifting these substances. It also urges the California State Legislature to pass legislation regarding the issue as well.
SB 58 was amended to allow decriminalization of natural psychedelics (4g of mescaline, 1g DMT, 1g of psilocybin, and 1g of psilocyn, 1 oz of “a plant or fungi containing psilocybin”, or 1 oz of “a plant or fungi containing psilocyn”). Peyotes and other synthetic substances were excluded from this iteration of SB 58. This bill was voted on by the California State Assembly on September 6th, 2023. The bill passed by a vote of 42 to 11. On October 7, 2023 the bill was vetoed by Governor Gavin Newsom. The governor said in a statement : “California should immediately begin work to set up regulated treatment guidelines – replete with dosing information, therapeutic guidelines, rules to prevent against exploitation during guided treatments, and medical clearance of no underlying psychoses. Unfortunately, this bill would decriminalize possession prior to these guidelines going into place, and I cannot sign it”. The governor followed up this statement by suggesting future reforms: “I urge the legislature to send me legislation next year that includes therapeutic guidelines. I am, additionally, committed to working with the legislature and sponsors of this bill to craft legislation that would authorize permissible uses and consider a framework for potential broader decriminalization in the future, once the impacts, dosing, best practice, and safety guardrails are thoroughly contemplated and put in place.” Bill Sponsor Senator Anthony Weiner said in response to the veto: “This is a setback for the huge number of Californians — including combat veterans and first responders — who are safely using and benefiting from these non-addictive substances and who will now continue to be classified as criminals under California law,”
On October 17, 2023 the City of Eureka followed in the footsteps of neighboring Arcata by voting unanimously to decriminalize psilocybin and other natural entheogens after the council had previously endorsed SB58. Councilmember G. Mario Fernandez said: “This isn’t a call to ‘turn on, tune in and drop out, instead it would be to allow for folks who do take these substances for healing to reach out to medical and mental health professionals — or law enforcement, if things go towards a more negative experience — without any fear of reprisal.”
SB 1012 or “The Regulated Psychedelic-assisted Therapy Act and the Regulated Psychedelic Substances Control Act“ was introduced to the California State Senate on February 6, 2024 by Senator Scott Wiener (D). The bill would allow psilocybin, psilocin, and MDMA to be used in a legal supervised setting with the option of later adding DMT . The bill was crafted as a response to Governor Gavin Newsom who previously stated therapeutic guidelines are necessary following his veto of SB 58. This bill would create a Board of Psychedelic Facilitators under the Department of Consumer Affairs which would handle the licensing of facilitators. The bill does not allow for the use of psychedelics outside of a therapeutic context. On February 14, 2024, was forwarded to the Public Safety, Business, Professions and Economic Development Committees.
On March 29, 2021, House Bill No. 1494 was introduced to establish an interagency task force to study the public health and social justice implications of legalizing the possession, consumption, transportation, and distribution of naturally cultivated entheogenic pla nts and fungi. It was referred to the Joint Committee on the Judiciary. On June 9, 2022 it was referred to the House Committee on Rules, accompanying study order H4844.
On the same day, March 29, 2021, House Bill No. 2119 was introduced to replace the criminal penalty for unlawful possession of certain controlled substances with “a civil fine of not more than fifty dollars or participation in a needs screening to identify health and other service needs, including but not limited to services that may address any problematic substance use and mental health conditions, lack of employment, housing, or food, and any need for civil legal services.” It was referred to the Joint Committee on Mental Health, Substance Use and Recovery. On September 22, 2022, the bill was referred to the House Committee on Rules, accompanying study order H5281.
On January 14, 2021, the city of Somerville, Massachusetts unanimously approved Agenda Item 211137 which resolved that no “city funds or resources” shall be used “to assist in the enforcement of laws imposing criminal penalties for the use and possession of entheogenic plants by adults.” It further resolved that “the investigation and arrest of adult persons for planting, cultivating, purchasing, transporting, distributing, engaging in practices with, and/or possessing entheogenic plants…shall be amongst the lowest law enforcement priority,” and called upon the District Attorney to “cease prosecution of persons involved in the use, possession, or distribution of entheogenic plants and the use or possession without the intent to distribute of any controlled substance.”
On February 3, 2021, the Cambridge City Council adopted (8-1) Policy Order POR 2021 #24 , and on March 18, 2021 Northampton City Council adopted Resolution R021.207 . Both contain language mirroring that of Somerville, although Northampton’s provisions also apply to minors.
On February 19, 2021, House member Mike Connolly introduced Bill H.1494 , an Act establishing a task force to study equitable access to entheogenic plants. The leg islation calls to establish an interagency task force to study the public health and social justice implications of legalizing the possession, consumption, transportation, and distribution of naturally cultivated entheogenic plants and fungi. The task force is to file a report of its findings and recommendations no later than June 2022. On June 9, 2022, the bill was referred to the House Committee on Rules, accompanying study order H4844.
On October 20, 2021, the Easthampton City Council passed a non-binding resolution (7-0, with two abstentions) states that “the arrest of persons for using or possessing controlled substances for personal adult therapeutic, excepting Lophophora and animal-derived controlled substances” and “the investigation and arrest of persons for planting, cultivating, purchasing, transporting, distribution by caregivers, engaging in practices with, and/or possessing entheogenic plants, for the purpose of therapeutic purposes” “shall be amongst the lowest law enforcement priority.” The resolution also “calls upon the city’s officials to work in support of decriminalizing entheogenic plants and approaching all controlled substances first and primarily through the lens of public health and restorative racial justice.”
On June 13th, 2022, the Amherst City Counsel failed to pass A Resolution Protecting Adult Access to Plant Medicines & Prioritizing Public Health Responses to Controlled Substance Possession , which would have deprioritized enforcement of “possession of controlled substances by adults, except the use of endangered plants and animal-derived controlled substances.” Though the resolution did not pass, several counsel members indicated support for decriminalization, but did not view such action within the scope of their authority.
Late January, 2023, State representative Lindsay Sabadosa (D) introduced HD.1450 in the House while senator Patricia Jehlen (D) introduced SD.949 in the Senate. The text for both bills is the same, removing penalties for people over 18 years old to possess, ingest, obtain, grow, and give away, “without financial gain,” “no more than two grams of psilocybin, 8 psilocyn, dimethyltryptamine, ibogaine, and mescaline.” On February 16, 2023, both bills were referred to the Joint Committee on the Judiciary.
On March 30, 2023, HB 3574 was introduced to establish a maximum charge of $5,000 per MDMA treatment service unit for all registered MDMA service providers. This includes those who prescribe, manufacture, distribute, dispense, or otherwise provide MDMA related services. On April 13, 2023, HB 3574 was referred to the Committee for Public Health.
Also introduced on March 30, 2023 was HB 3605, a bill calling for the Department of Public Health to establish procedures for the granting of psilocybin facilitators licenses. This bill was subsequently referred to the Committee for Public Health (also on March 30, 2023). Under the proposed licensing procedures, “[t]he minimum curriculum for a psilocybin facilitators license issued by a licensed independent training school shall be no less than 20 hours and no more than 300 hours of total training which shall include a minimum of 21 hours of in-person practicum where students facilitate and observe the facilitation of psilocybin sessions.”
On May 11, 2023, the city of Salem voted unanimously to end arrests for psilocybin. The resolution maintains that no city department “should use city funds or resources to assist in the enforcement of laws imposing criminal penalties for the use and possession of psilocybin-containing fungi by adults.”
In early July 2023, Massachusetts for Mental Health Options submitted documents to the state to open a committee exploring a ballot measure allowing access and possession of psychedelics. On August 2, 2023, Massachusetts for Mental Health Options submitted the paperwork for a ballot measure titled “THE NATURAL PSYCHEDELIC SUBSTANCES ACT.” The measure will need to submit 75,000 signatures by the beginning of 2024 to be considered valid. There are two separate versions of the initiative, one does not permit home grow options for psilocybin and ayahuasca as opposed to alternative measure. The measure allows for possession and sharing for adults over age 21 of psilocybin, psilocin, non-peyote derived mescaline, DMT, or ibogaine. Psychedelic services would also be allowed with certification and professional licensure similar to Oregon and Colorado, however, no provisions exist for expunging prior convictions related to these compounds or services.
H4712 – This bill would create a public-private working group to study the health benefits of psychedelics as treatment for veterans suffering physical or mental disorders related to their service.
On December 11, 2023, the city of Provincetown decriminalized natural psychedelic plants and fungi as the seventh city to do so in the state. The Select Board of the city also called upon state lawmakers to substitute the Natural Psychedelic Substances Act currently being proposed as a 2024 ballot measure. The suggested replacement would be a “legal[zing] plant medicine services in a straightforward manner without an unelected control commission prone to regulatory capture…”.
On February 1, 2024, H 4255 one version of the “The Natural Psychedelic Substances Act” initiative was introduced to the Massachusetts Senate and forwarded to the Special Joint Committee on Initiative Petitions. This version of the initiative would allow the cultivation of several natural psychedelics.
On February 8, 2024, the city of Medford decriminalized natural psychedelics with a resolution titled ““Resolution to Support Adult Access and Education for Plant Medicine,” introduced by Matt Fleming and Anna Callahan. Councilmember Fleming is a neuroscience researcher at Massachusetts General Hospital, he stated “legislative mistakes” occurred from previous scheduling of controlled substances. The vote was 6 to 1 in favor and also urged the state government to replace the language of the proposed 2024 psilocybin access ballot initiative as other resolutions in the state have done.
On February 12, 2024, S 1263 was accompanied by Senate bill S 2642 as an Act regulating the safe use of psilocybin at designated sites for FDA-approved pilot programs. This version omits the cultivation of natural psychedelics and establishes a “Psilocybin Treatment Advisory Board” to outline regulation, compile training, and long-term plans for psilocybin treatment.
On March 11, 2021, Senate Bill 604 was introduced. The bill would decriminalize minor drug possession, instead making it a civil violation punishable by a $100 fine, and the possibility of drug counseling and community service. Currently, possession is punishable by up to three years imprisonment and a $5,000 fine. On March 25, 2021, the Judiciary Committee recommended the bill be held for further study.
On March 2, 2022, HB7715 was introduced proposing to build upon Rhode Island’s existing marijuana decriminalization policy by decriminalizing possession of psilocybin and buprenorphine. If passed, possession of up to one ounce of “buprenorphine, psilocybin and the substance classified as marijuana” would be exempted from criminal penalties associated with possession of scheduled substances. While “the substance classified as marijuana” is currently exempt from criminal penalties, possession of up to one ounce is considered a civil offense carrying a $150 fine and requiring forfeiture of the substance. However, as currently proposed, possession of up to one ounce of “psilocybin” or “buprenorphine” would not carry any civil penalty under this bill.
Additionally, HB7715 would allow “a practitioner in good faith and in the course of his or her professional practice” to “prescribe, and dispense psilocybin as a therapeutic.” Additionally, the Director of Health would be empowered to promulgate necessary rules and regulations to allow practitioners to prescribe psilocybin as a therapeutic in accordance with this bill. On April 13, 2022, the Committee recommended the bill be held for further study.
On March 4, 2022, another bill proposing to decriminalize possession of certain drugs, HB 7896 , was introduced. If enacted, this bill would decriminalize possession of up to one ounce of any “controlled substance classified in schedules I, II, III, IV, and V, except the substance classified as fentanyl.” Possession of up to one ounce of these controlled substances would result in a $100 fine for a first offense, and up to $300 for subsequent offenses. The committee recommended this bill also be held for further study on April 13, 2022.
HB 5923 (the Uniform Controlled Substances Act) was introduced on March 1, 2023. If passed, the bill would “[amend state] law on controlled substances to permit a person to possess less than 1 ounce of psilocybin and would allow psilocybin to be cultivated at a person’s residence for personal use.” The bill further stipulates that: 1) Should the FDA reschedule psilocybin, “the Rhode Island department of health will establish rules and regulations pertaining to cultivation, distribution and medical prescription,” and 2) Should the FDA reschedule psilocybin, “the Rhode Island department of health will establish rules and regulations pertaining to cultivation, distribution and medical prescription.” The bill died in the Senate Judiciary committee following its referral on June 12, 2023.
On June 6, 2023, HB 5223 was passed out of the House Judiciary committee with a 12 to 2 vote in favor. The bill was amended with a sunset clause set for July 1, 2025 requiring the State AG to submit a report with the number of issued violations of psilocybin possession, cultivation and distribution laws.
HB 7047 entitled “Uniform Controlled Substances Act” was introduced on January 5, 2024, mirroring HB 5923 which died in 2023. If passed, it would amend “the current law on controlled substances to permit a person to be in possession of less than one ounce of psilocybin and permits psilocybin to be securely cultivated within a person’s residence for personal use.” The bill further stipulates that: 1) Should the FDA reschedule psilocybin, “the Rhode Island department of health will establish rules and regulations pertaining to cultivation, distribution and medical prescription,” 2) Should the FDA reschedule psilocybin, “the Rhode Island department of health will establish rules and regulations pertaining to cultivation, distribution and medical prescription,” and 3) Should the FDA expand its access program, “patients with a serious or life-threatening mental or behavioral health disorder, who are without access to effective mental or behavioral health medication, may have access to psilocybin at locations in Rhode Island approved by the Rhode Island department of health.”
On February 1, 2024 it was recommended the measure be held for further study. A bill held for further study is indefinitely postponed. It can be considered again by the committee, but if the committee takes no further action, the bill is dead.
On February 23, 2021, House Bill H.309 was introduced and referred to the Judiciary Committee. The bill would decriminalize compounds found in plants and fungi that are used for medicinal, spiritual, religious, or entheogenic purposes, including psilocybin, psilocin, mescaline, peyote, DMT, and ibogaine.
On March 10, 2021, House Bill H.422 was introduced and referred to the Human Services Committee. The bill would decriminalize possession of “personal use supply” of certain drugs, in an amount to be determined by a Drug Use Standards Advisory Board established within the Department of Health—based on what is “commonly possessed for consumption by an individual for any therapeutic, medicinal, or recreational use,” and with the goal of preventing and reducing the criminalization of personal drug use. Possession of drugs under such amounts would be a civil violation subject to a fine of up to $50 or a referral to a substance use screening and health service. Currently, personal possession carries criminal penalties of up to three years in prison and up to $75,000 in fines.
On January 14, 2022, House Bill H.644 was introduced and referred to the Judiciary Committee. This bill is an act relating to decriminalization of a personal use supply of a regulated drug. The bill proposes to change the penalties for possession of a personal use supply of drugs from a misdemeanor or low-level felony to a civil offense subject to a $50.00 penalty. A person cited for such an offense may avoid paying the penalty by agreeing to participate in a screening for substance use disorder treatment and related services. The bill would also establish the Drug Use Standards Advisory Board for the purpose of determining the benchmark personal use dosage and the benchmark personal use supply for regulated drugs with a goal of preventing and reducing the criminalization of personal drug use. If the bill is passed, sections 5-14 will take effect on January 1, 2024.
Vermont House Bill 439, “An act relating to decriminalizing certain chemical compounds found in plants and fungi that are commonly used for medicinal, spiritual, religious, or entheogenic purposes,” sponsored by Representatives Cina, Troiano, Buss, Farlice-Rubio, Headrick, Hooper, LaMont, McCann, Priestley, Sammis, Small and Templeman. VHB 439 would remove the following from the definition of “Hallucinogenic Drugs”: mescaline, peyote and psilocybin from definition of “Hallucinogenic Drugs”; and, would remove the following from the definition of “Regulated Drug”: peyote, ayahuasca, mescaline, psilocybin, psilocin, ibogaine; N,N-dimethyltryptamine; or any plants or fungi containing mescaline, psilocybin, psilocin, ibogaine; N,N-dimethyltryptamine. These definitional changes would (a) remove the foregoing substances from the (a) criminal prohibition contained at Section 4205 and (b) the criminal penalties contained at Section 4235, of Title 18, Chapter 84: Possession And Control Of Regulated Drugs. Read for the first time and referred to the Committee on Judiciary, March 1, 2023. Proposed Effective Date: July 1, 2023
H.371 was introduced to the legislature and heard before the House Judiciary Committee on February 24, 2023. This bill would decriminalize psilocybin possession and distribution in addition to establishing a work group to investigate its therapeutic potential. This also joined bills S.119 and H.423 which would launch safe supply services run by the Vermont Department of Health.
S.114 was introduced on March 1, 2023. “This bill proposes to make findings regarding the therapeutic benefits of psilocybin, to remove criminal penalties for possession of psilocybin; and to establish the Psychedelic Therapy Advisory Working Group to 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.”
S.300 was introduced into the State Senate on January 18, 2024 and referred to the Judiciary Committee. S.300 is described as “An act relating to funding support services for persons who use drugs and eliminating misdemeanor criminal penalties for possessing or dispensing a personal use drug supply”. This would encompass “Hallucinogenic drugs” including “mescaline or peyote, lysergic acid diethylamide, and psilocybin, and all synthetic equivalents of chemicals
On March 12, 2021 HB 3113 proposed removing certain substances from schedule I of the Uniform Controlled Substances Act, including psilocybin. The bill made it as far as Health and Human Resources before the Legislature adjourned without assigning a future date for a meeting or hearing.
On January 24, 2023 HB 2951 was introduced to the House by Delegate Kayla Young. The bill would remove the Schedule I status of several drugs from the Code of West Virginia including THC and psilocybin .
Introduced on January 10, 2024, by Delegate Kayla Young, HB 4473 seems to echo the intentions of HB 2951 from the previous year. This bill seeks to eliminate the Schedule I status of various drugs in the Code of West Virginia, including THC and psilocybin.
On January 10, 2022, Kansas lawmaker Rep. Aaron Coleman (D) introduced HB 2465 , aimed at reducing the penalty for individuals cultivating or possessing small quantities of certain controlled substances. This bill comes following a failed effort to pass similar legislation, HB 2288 , introduced by the same legislator in February 2021.
If passed, the “Legalized Homegrown Mushroom Act of 2022,” as the new bill has been named, would decriminalize the cultivation and possession of less than 50g of psilocybin or psilocin. Additionally, the bill would make possession of 50-100g of psilocybin or psilocin a civil penalty carrying a maximum penalty of a $250 fine and possession of greater than 100g would be reclassified as a Class C misdemeanor carrying the stiffest consequences, a maximum fine of $500 and up to one month in jail. In March 2023, the bill was referred to the Committee on Assessment and Taxation .
January 5, 2022, Washington lawmakers introduced SB 5660 , a bill that would legalize the supported adult use of psilocybin by people 21 years of age and older. Similar to Oregon’s Psilocybin Services Act, passed by voter ballot initiative under Measure 109 in 2020, the Psilocybin Wellness and Opportunity Act would enable the Washington Department of Health to issue licenses to psilocybin manufacturing facilities, testing labs, service centers, and facilitators. It would also create the Washington Psilocybin Advisory Board to advise the Department on creating rules for the Act’s implementation. Despite bipartisan interest in SB 5660, the bill failed to make it out of committee, though lawmakers are said to be likely to attempt similar reform measures soon.
Washington drug policy reform has been a hot topic in recent history, especially in relation to psychedelics:
February 25, 2021 in the case of State v. Blake the Washington Supreme Court briefly decriminalized drug possession by judicial decree, declaring felony criminal penalties for knowing or unknowing possession of controlled substances to be unconstitutional.
In response, Washington’s legislature overhauled the state’s drug possession statutes. Effective July 25, 2021, SB 5476 encourages law enforcement officers and prosecutors to divert first- and second-time possession offenders to assessment, drug treatment, and services. The law reduces the penalty for possession of a controlled substance to a misdemeanor rather than a felony. The penalty provisions expire after two years, giving lawmakers time to review the effects of the new policy.
October 4, 2021 Seattle City Council passed Resolution 32021 declaring that the investigation, arrest, and prosecution of anyone engaging in entheogen-related activities “should be among The City of Seattle’s lowest enforcement priorities.” The resolution affirmed the Seattle Police Department’s existing enforcement practice to neither detain nor arrest individuals solely for suspected violations or for mere possession. The resolution also states the Council’s support for full state-wide decriminalization of certain entheogen-related activities.
Although the resolution expressed strident support for reduced enforcement policies, it did not alter existing city ordinances, municipal codes, nor did it legalize any controlled substances.
December 20, 2021, the City Council of Port Townsend, Washington unanimously approved Resolution No. 21-088, incorporating various additional comments and edits proposed by the Port Townsend Psychedelic Society. The resolution declares that “The investigation, arrest, and prosecution of adults engaging in entheogen related activities, including but not limited to the cultivation, gathering, and sharing of entheogens for use in religious, spiritual, healing, or personal growth practices, should be among the lowest enforcement priorities for the City of Port Townsend when done in a nonpublic place.” Additionally, the resolution goes on to forbid, “when reasonably possible,” all city departments, agencies, boards, commissions, officers or employees of the city, including without limitation, Port Townsend Police Department, from using any city funds or resources to assist in the enforcement of laws imposing criminal penalties for the planting, cultivating, gathering, transporting, distributing, possessing, or using entheogens by adults. The resolution explicitly excludes the distribution and use of entheogens to anyone under the age of eighteen.
March 10, 2022, the Washington state legislature sent a state budget bill, SB 5693 , to the governor’s desk that included a proposal to direct $200,000 in funding to support a new workgroup to study the possibility of legalizing psilocybin services in the state, including the idea of using current marijuana regulatory systems to track psychedelic mushrooms. The proposed budget became effective on March 31, 2022. The work group will receive $50,000 of funding for FY 2022 and the remainder for FY 2023. A final report on the group’s findings must be submitted by December 2023.
On January 11, 2023, SB 5263 was introduced before the Washington Senate. On March 7, it passed in the Senate and was referred to the House. The law would direct the Department of Health (DoH) to administer a regulatory system for supported adult-use of psilocybin, beginning January 1, 2024. DoH would be tasked with creating standards for manufacturing, testing, packaging, and labeling psilocybin products with the assistance of a Psilocybin Advisory Board and other state agencies. Persons over the age of 21 would be able to purchase psilocybin products in a psilocybin service center and undergo a preparation session, administration session, and integration session under the supervision of a trained and qualified facilitator. A substitute to SB5263 was signed by the Governor on May 9, 2023 providing $1.4 million in pilot project funding for two years, going into effect on July 7, 2023. The pilot project remains limited to veterans and first-responders being treated with psilocybin. Governor Inslee partially vetoed aspects of the bill, which included an interagency workgroup between the DoH and other state officials.
On May 2, 2023, Jefferson County became the first county in the state to decriminalize psychedelic plants as “lowest law-enforcement priority”. This includes “psilocybin mushrooms, ayahuasca and cacti containing mescaline.”
In The State of New Hampshire v. Mack , the New Hampshire Supreme Court on December 22, 2020 vacated the conviction of a man found guilty of possession of psilocybin mushrooms, holding that the lower court failed to properly consider that his use was part of his religious practices, as a member of the Oratory of Mystical Sacraments branch of the Oklevueha Native American Church.
To determine whether a defendant’s use of psilocybin mushrooms is a protected religious practice, the court held that New Hampshire courts must follow a “balancing test” between religious liberty (e.g., the use of psilocybin mushrooms) and government interest (e.g., a criminal law prohibiting their use). Under this test, the defendant must first establish that the law substantially burdens a religious practice, and then the government has the burden to show that its action is necessary to achieve a compelling government interest and is narrowly tailored to do so. In its ruling, the court noted that New Hampshire’s state constitution is stronger than the federal constitution in upholding religious liberty, because it expressly protects not only religious belief but also religious practices. The court remanded the case back to the trial court to apply the balancing test.
On January 5, 2022, HB1349-FN was introduced to the House and referred to the Criminal Justice and Public Safety committee. The act would have decriminalized the possession or use of a certain amount of psilocybin mushrooms by a person 18 years of age or older. On March 31, 2022 the bill was ‘laid on the table.’
First introduced January 18 2023, HB 328-FN would legalize possession and use of LSD, mescaline, psilocybin, and peyote for persons 21 years of age and older. On March 16, 2023, the bill was deemed “inexpedient to legislate.” On March 9, 2023, HB 216 was rejected and was also deemed “inexpedient to legislate.” The bill would have exempted dimethyltryptamine (DMT) from the Controlled Drug Act. A different bill, HB581-FN would have repealed the entire Controlled Drug Act and established a committee to study the necessary statutory changes to do so.
On February 4, 2021, Senate Bill S3256 passed. The bill amended New Jersey state law solely to provide that “Possession of one ounce or less of psilocybin is a disorderly persons offense.” Such an offense is “punishable by up to up to six months imprisonment, a fine of up to $1,000, or both.” Previously, possession of any amount of psilocybin was a third-degree crime punishable by 3-5 years imprisonment and a fine of up to $35,000.
On June 23, 2022, Bill S2934 was introduced to the Senate and referred to Senate Health, Human Services and Senior Citizens Committees. The primary sponsor is Senator Nicholas Scutari (D). The “Psilocybin Behavioral Health Access and Services Act” would authorize production and use of psilocybin to promote health and wellness; decriminalizes, and expunges past offenses involving, psilocybin production, possession, use, and distribution. On January 9, 2024, S2934 was reintroduced as S2283 to the State Senate by Senator Scutari and three cosponsors. The bill has been referred to the Health, Human Services and Senior Citizens Committee. Notably, the bill decriminalizes any use for individuals handling under 4g of psilocybin.
On February 22, 2024, S2283 was reintroduced as A3852. The proposed legislation, known again as the “Psilocybin Behavioral Health Access and Services Act,” aims to establish a comprehensive framework for the regulated production and utilization of psilocybin within the context of behavioral health care and preventative behavioral health treatment.
The bill seeks to decriminalize the production, dispensing, and usage of psilocybin by individuals aged 21 and above. It maintains the personal use decriminalization of under 4g of psilocybin. Additionally, it includes provisions for expunging past and pending offenses related to the authorized conduct involving psilocybin as outlined in the proposed legislation.
The primary sponsors of this bill are Clinton Calabrese (D) and Herb Conaway (D). Following its reintroduction, the bill has been referred to the Assembly Health Committee for further consideration.
In a 2005 decision, State of New Mexico v. Pratt , the Court of Appeals reversed a drug trafficking conviction, holding that “the act of growing mushrooms” alone was not the “manufacture” of a controlled substance. However, intent to manufacture and distribute mushrooms is still a felony, and “manufacture” “includes any packaging or repackaging of such substance or labeling or relabeling of its container.”
HB393 was introduced in the New Mexico House on March 1, 2023 by Reps. Christine Trujillo, Kristina Ortez, Joy Garratt, and Willie D. Madrid. It would create a Psilocybin Advisory Group to study and report on the feasibility of establishing a program that would use psilocybin-derived products to treat patients with certain mental health or substance use disorders in a clinical setting. This includes implementation of a regulatory framework for the cultivation, manufacture, and dispensing of psilocybin-derived products for therapeutic use. It also includes establishment of treatment guidelines for the use of psilocybin-derived products, alongside patient selection, training, and certification. It would also monitor the establishment of similar programs in other states, including legal and regulatory issues. Overseen by the Department of Health, the specified report would be due by December 1, 2025.
On February 6, 2024, SM 12 was introduced to the New Mexico Senate with four cosponsors; Republicans Craig Brandt and Stefani Lord, and Democrats Jeff Steinborn and Elizabeth Thomson. The objective of the bill requests the Department of Health to study psilocybin mushrooms and explore the establishment of a therapeutic medical program. The bill mentions the high rates of drug overdose in New Mexico with psilocybin as a potential solution, as well as psilocybin research conducted at the University of New Mexico. On February 14, 2024, the bill was passed unanimously out of the Senate and signed into law by Gov. Michelle Lujan Grisham.
On December 13, 2021, Bill No. A8569 was introduced by Assemblymember Pat Burke (D), with the purpose of creating “psilocybin service centers to provide innovative treatment options for ailments such as PTSD, depression, alcohol dependency, anxiety, among others.” The bill would create a system for “Medical Use of Psilocybin,” similar to the one authorized in Oregon under Measure 109. Additionally, the bill would “create a $2 million fund for veterans, firefighters, police officers, and EMS workers who can apply for financial support towards treatment.”
An earlier bill, No. A7928 , was introduced by Assemblymember Linda B. Rosenthal on June 1, 2021 and referred to the Health Committee. This bill would establish a public psychedelic research institute and a psychedelic substances therapeutic research program.
Rosenthal has also sponsored an Assembly bill to decriminalize psilocybin—introduced first during the 2019-2020 legislative session, on April 15, 2020 ( A10299 ); and again during the 2020-2021 legislative session, on March 8, 2021 ( A6065 ). Neither has left the Health Committee, where each was first referred.
Another bill, introduced during the 2020-2021 legislative session in both the Assembly ( A7109 ) and the Senate ( S1284 ), would eliminate criminal and civil penalties for possession of controlled substances, and establish a drug decriminalization task force to develop recommendations for legal reform “with the stated goal of treating substance use disorder as a disease, rather than a criminal behavior.”
On October 3, 2022, Assemblymember Linda B. Rosenthal reintroduced a heavily revised version of bill (A6065), which would have decriminalized psilocybin. The revised version of bill A6065 would remove state and local prohibitions on the “possession, use, cultivation, production, creation, analysis, gifting, exchange, or sharing by or between natural persons of twenty-one years of age or older of a natural plant or fungus-based hallucinogen,” including DMT, ibogaine, mescaline, psilocybin, and psilocyn. Additionally, this bill would authorize “supervision, guidance, peers engaging in risk mitigation, religious, spiritual, or related supportive services with or without remuneration, by natural persons of twenty-one years of age or older to natural persons of twenty-one years of age or older who are engaging in the intentional and consenting use of natural plant or fungus-based hallucinogens.” The bill would also direct state and local law enforcement to refrain from assisting or cooperating with the government of the United States in the enforcement of the Controlled Substances Act relating to activities authorized under the bill, except as pursuant to a valid court order.
On January 4, 2023, Assemblymember Rosenthal (D), along with Jo Anne Simon (D) and Karines Reyes (D), introduced bill A00114 , which was referred to the health committee. A00114 would legalize “adult possession and use of certain natural plant or fungus-based hallucinogens,” specifically psilocybin, psilocin, DMT, ibogaine, and mescaline (except from peyote), and would grant “certain protections for individuals lawfully using such hallucinogens,” including losing professional licenses or employment, being denied mental health services, or being prosecuted for child abuse or neglect, based on such use. A00114 would additionally permit the “provision of supervision, guidance, peers engaging in risk mitigation, religious, spiritual, or related supportive services with or without remuneration.” The bill would also prevent NY State and local law enforcement agencies from cooperating with or assisting the federal government in enforcing the federal CSA for actions permitted under NY State law.
On January 31, 2023 Senator Nathalia Fernandez introduced S 3520. The bill “Relates to medical use of psilocybin; establishes a psilocybin assisted therapy grant program; makes an appropriation therefor.” It was referred to the Finance Committee with no further action taken.
On December 20, 2023, S7832 was introduced by Senator Nathalia Fernandez into the New York Senate and forwarded to the Rules Committee. The bill establishes a “psilocybin assisted therapy program” with a narrow application for veterans and first responders under supervision of a facilitator which is defined as medical professionals. The bill also requires a report on the program submitted to the governor and legislature every other year.
HP 713 (LD 967) would have made possession of scheduled drugs for personal use merely a civil penalty. That legislation was rejected by the Senate 14-18 on July 1, 2021, after being approved by a 77-62 vote in the House.
SP 496 (LD 1582), originally introduced in 2021 by Sen. Donna Bailey (D), would have enacted the Maine Psilocybin Services Act, and legalized the facilitated use of psilocybin at licensed service centers, similar to Oregon’s Psilocybin Services Act. On February 8, 2022, it was voted down 8-3 by the Health and Human Services Committee, despite Sen. Bailey offering to amend it to simply establish an advisory board to study the issue and consider psilocybin in palliative care. Rep. Michele Meyer (D), co-chair of the committee, said she couldn’t support a bill until FDA approval, and agreed with concerns about recreational use.
On April 19, 2022, the Maine Senate voted to pass SP496. However, shortly thereafter, the Maine House of Representatives declined to advance the proposal. Following the proposal’s stall in the Maine House, Senator Bailey indicated in an interview with Marijuana Moment that she intends to reintroduce the proposal in the next legislative session or potentially pursue a peoples’ referendum.
LD1914 was introduced on May 9th, 2023 and would enact the Maine Psilocybin Health Access Act. Following a model similar to Oregon, this act would allow for the administration of psilocybin from licensed manufacturers, at licensed service centers under the supervision of licensed psilocybin facilitators. Additionally, this act would also decriminalize the personal possession, growing, and use of small amounts of psilocybin by persons 21 and older. As of May 22, 2023 the bill was tabled by the legislature.
The City of Portland Public Health and Human Services and Public Safety Committee unanimously advanced a resolution which would decriminalize natural psychedelics. The measure, allowing for cultivation and personal use while omitting sales, was passed by the city council by a 6 to 3 vote on October 3, 2023. This makes Portland the first city in Maine to pass a decriminalization measure.
SB 3 would have reformed drug sentencing laws by reducing penalties from felonies to misdemeanors for certain drug possession convictions and by diverting certain offenders to treatment instead of prison. The bill was never brought up for a final floor vote.
On January 11, 2022, SB 262 was introduced by State Senators Ghazala Hashmi (D) and Jennifer Boysko (D) to decriminalize possession of psilocybin and psilocin and referred to the committee on the Judiciary. The bill provides that any person 21 years of age or older who knowingly or intentionally possesses psilocybin or psilocyn shall be punished by a civil penalty of no more than $100 and such civil penalties shall be deposited into the Drug Offender Assessment and Treatment Fund. Under current law, a person who knowingly or intentionally possesses psilocybin or psilocyn is guilty of a Class 5 felony. On January 31, 2022, the Senate Judiciary Committee voted to change the status of the bill to “passed by indefinitely” . The committee may reconsider the legislation at a later meeting but if the committee takes no further action, the bill is dead.
Additionally, on January 12, 2022, State Representative Dawn Adams (D), a nurse practitioner, introduced HB 898 which called for the decriminalization of peyote and ibogaine possession in addition to psilocybin and psilocin. If passed, this bill will reduce the penalty for possession of psilocybin, psilocin, ibogaine and peyote for individuals aged 21 and over from a Class 5 felony to a civil offense carrying a maximum $100 fine. Similar to SB 262, HB 898 also provided that “any civil penalties collected” for possession of the named scheduled substances “shall be deposited into the Drug Offender Assessment and Treatment Fund.” This fund would be used by the state assembly to support various treatment programs for individuals struggling with substance abuse. On January 24, 2022, HB 898 was shelved for the legislative session.
On January 11, 2023, Rep. Adams (D) introduced HB 1513 , which would allow possession of psilocybin pursuant to a valid prescription by a health care practitioner in the course of professional practice for treatment of refractory depression or PTSD or to ameliorate end-of-life anxiety. The bill would prohibit prosecution of health care practitioners or pharmacists for dispensing or distributing psilocybin for such purposes. The bill would also make possession of psilocybin without a valid prescription a Class 2 misdemeanor punishable by no longer than 30 days in jail and no more than a $500 fine. It was referred to the Committee for Courts of Justice. On January 18, 2023 the House subcommittee recommended the bill be laid on the table, and in February 2023, the bill was left in the Courts of Justice.
Also on January 11, 2023, SB 932 was introduced by Sens. Hashmi and Boysko, and would establish a Virginia Psilocybin Advisory Board to “develop a long-term strategic plan for establishing therapeutic access to psilocybin services and monitor and study federal laws, regulations, and policies regarding psilocybin.” The Advisory Board would be constituted of 12 non-legislative citizen members to be appointed by the Governor and would report annually to the Governor and General Assembly. The bill would also reclassify psilocybin under the state Drug Control Act from a Schedule I to a Schedule III controlled substance. It was referred to the Committee on Education and Health. On February 7, 2023, SB 932 was read a third time and passed in the Senate 25 to 15.
On September 21, 2020, the City Council of Ann Arbor, Michigan passed Resolution 20-1389 which resolved that “the investigation and arrest of persons for planting, cultivating, purchasing, transporting, distributing, engaging in practices with, or possessing Entheogenic Plants or plant compounds which are on the Federal Schedule 1 list shall be the lowest law enforcement priority,” that “city funds or resources shall not be used in any investigation, detention, arrest, or prosecution arising out of alleged violations of state and federal law regarding the use of Entheogenic Plants,” and that the District Attorney should “cease prosecution of persons involved in the use of Entheogenic Plants or plant-based compounds.”
On January 12, 2021, Washtenaw County, of which Ann Arbor is the seat, resolved in Policy Directive 2021-06 that prosecutors must no longer file criminal charges for use, possession, and cultivation of entheogenic plants, and that purchasing, transporting, and distributing them would be the lowest law enforcement priority, with a “general presumption against filing criminal charges relating to the small-scale sale or distribution.” “The Prosecutor’s Office will, however, continue to prosecute cases involving operating a motor vehicle under the influence of entheogenic plants.”
On September 2, 2021, Michigan Senators Jeff Irwin (D) and Adam Hollier (D) introduced legislation that would amend state law to decriminalize the manufacture, creation, delivery, and possession of an “entheogenic plant or fungus,” including any natural material containing DMT, ibogaine, mescaline, and psilocybin. Commercial sales would be prohibited, however the bill would permit exchange of “a reasonable fee for counseling, spiritual guidance, or a related service that is provided in conjunction with the use of an entheogenic plant or fungus under the guidance and supervision of an individual providing the service.” The legislation, SB 631 , was referred to the committee on Judiciary and Public Safety.
On September 28, 2021 the Grand Rapids City Commission adopted a resolution , which states “enforcement of laws regulating the possession and use of Entheogenic Plant and Fungi has not been a high priority for the City of Grand Rapids with very little public funds directed toward proactive investigation or prosecution of such case.” Further, the resolution specifies that the “Mayor and City Commission hereby support local, state and federal legislative efforts to decriminalize Entheogenic Plants and Fungi and plant-based compounds that are listed on the Federal Controlled Substances Schedule.”
On November 2, 2021 the voters of the City of Detroit accepted Proposal E to enact a city ordinance decriminalizing “the personal possession and therapeutic use of Entheogenic Plants by adults and make the personal possession and therapeutic use of Entheogenic Plants by adults the city’s lowest law-enforcement priority.” Entheogenic plants include “the full spectrum of plants, fungi, and natural materials and/or their extracted compounds, limited to those containing the following types of compounds: indole amines, tryptamines, and phenethylamines.”
Prop E does not decriminalize sales or distribution but requires the Detroit Police Department to cease directing resources to investigating and prosecuting Detroit residents for personal possession and therapeutic use of those substances.
On February 1, 2022, reform activists proposed a ballot initiative that would overhaul Michigan drug laws. If passed, this initiative would decriminalize possession of Schedule 1 and 2 substances. Additionally, the initiative identified psilocybin, psilocin, ibogaine, peyote, and dimethyltryptamine as “Natural Plants and Mushrooms,” which would be legal for anyone over 18 years old to cultivate, possess, use, or gift. A system of regulated sale and treatment would also be implemented. The initiative provides that entities designated by a hospital that have received a “Certificate of Need” from the Michigan Department of Health and Human Services may administer and sell “Natural Plants and Mushrooms” to patients possessing a “written recommendation” for services from a Michigan licensed physician. On June 1, 2022, activists behind the ballot initiative announced that the original target for inclusion on the ballot in 2022 has been deferred to 2024 to allow more time to gather the requisite signatures.
On March 22, 2022, the city council for the City of Hazel Park passed a resolution to decriminalize “Entheogenic Plants” which include “the full spectrum of plants, fungi, and natural materials and/or other extracted compounds, limited to those containing the following types if compounds: indole amines, tryptamines, phenethylamines; that can benefit psychological and physical wellness, support and enhance religious and spiritual practices, and can reestablish human’s inalienable and direct relationship to nature.” The resolution prohibits the use of city funds or resources to investigate, detain, arrest, or prosecute individuals found planting, cultivating, purchasing, transporting, distributing, engaging in practices with, or possessing Entheogenic Plant. However, the resolution specifically disallows “possessing or distributing these materials in schools, consumption, or usage by minors, driving under the influence of these materials, public disturbance, or commercial sales or manufacturing” of Entheogenic Plants.
On May 24, 2022, the East Lansing City Council voted 3-2 against passing a resolution , which would have made “the investigation and arrest of persons for planting, cultivating, purchasing, transporting, distributing, engaging in practices with, or possession of Entheogenic Plants” among the lowest law enforcement priorities.
On June 8, 2023, the Michigan State House introduced concurrent resolution No. 5 . The resolution urges Congress, the DoD and the VA to invest in “non-technology treatment options for servicemembers and veterans who have psychological trauma as a result of military service.” It expands on this statement and mentions utilizing psychedelics in clinical settings as a treatment option.
On September 14, 2023, legislation to legalize use, cultivation, manufacturing, and delivery of natural psychedelics was reintroduced by Sen. Jeff Irwin and r eferred to the regulatory affairs committee in the form of SB449.
On January 11, 2024, the city of Ypsilanti was the fifth city in the state to decriminalize natural psychedelics by unanimous vote. The language of the resolution states psychedelics “catalyze profound experiences of personal and spiritual growth” and also voices support for statewide legislation to allow non-commercial access.
On October 12, 2021, the Public Health Benefits of Psilocybin Act ( HB 1959 ), was introduced by Rep. Tracy Pennycuick (R) and 21 other co-sponsors , and referred to the Health Committee. A co-sponsorship memorandum with Rep. Jennifer O’Mara (D) explains the legislation would “authoriz[e] clinical study of the efficacy and cost/benefit optimization of psilocybin-assisted therapy in the treatment of PTSD, traumatic brain injury and various mental health conditions, with prioritization of funding and treatment for veterans, first responders, and their families.” For purposes of the study, the legislation would also “authorize limited cultivation of psilocybin under the authority of state law.” The law passed in Texas on June 18, 2021 ( HB 1802 ) was noted as a model. HB 1959 was referred to the Health Committee in October 2021.
On March 16, 2022, HB 2421 (previously HB 1959 ) was introduced by Rep. Tracy Pennycuick (R) and referred to the Health committee. The Psilocybin Data Act provides for research and clinical studies of psilocybin and psilocybin-assisted therapy. The act provides a framework for research to discover innovative methods to optimize the public health benefits of psilocybin. During the beginning of the 2023 session, Rep. O’Mara and Rep. Pennycuick expressed an intent to reintroduce the prior psilocybin mental health treatment bill with some changes. This iteration of the bill would prioritize studies on military veterans while removing the provision authorizing psilocybin cultivation in hopes of passing it through the House Health Committee.
On January 17, 2022, House Bill 167 was introduced by Utah State Rep. Brady Brammer (R). This bill proposed the creation of a task force charged with “provid[ing] evidence-based recommendations on any psychotherapy drug that the task force determines may enhance psychotherapy when treating a mental illness.”
On March 22, 2022, Utah Governor Spencer Cox signed 64 bills into law, including HB167, which created the Mental Illness Psychotherapy Drug Task Force. The passage of this bill does not legalize or decriminalize any psychedelic compounds for medical or recreational use, instead it will position state law makers to be able to thoughtfully reconsider the role of certain scheduled compounds in mental health treatment. The legislation requires the task force to provide a written report of their findings to the Utah State Legislature’s Health and Human Services Interim Committee by October 31, 2022. The task force’s recommendations may pave the way for future legalization efforts.
On February 9, 2023 SB200 was introduced to the Senate. The bill would legalize psilocybin therapy for those over the age of 21 in the context of certain psychiatric diagnoses. It would also provide for the state regulation of psilocybin production and therapy. It was filed in the Senate on March 3, 2023 as “bills not passed”.
Introduced by Rep. Phillips, HB 3174 would create a clear pathway for “academic medical centers” and physicians licensed in Oklahoma to obtain certification to conduct clinical trials using psilocybin. The bill specifies that only veterans aged 18 or older suffering from various forms of mental illness may participate in the clinical trials.
Sponsored by Rep. Pae, HB 3414 also proposes increasing psilocybin research but provides an alternative approach which would allow anyone over 18 suffering from a list of specified conditions to participate in clinical trials. Additionally, this bill would decriminalize possession of small quantities of “psilocybin- or psilocin-containing fungi or plants,” making possession of less than 1.5 ounces, or approximately 42.5 grams, punishable by a civil penalty of $400 or less. On March 7, the republican-controlled House of Representatives voted overwhelmingly, 62-30, to pass the legislation, following which the bill moved to the Oklahoma Senate. On April 11, 2022, the Oklahoma Senate Committee on Health and Human Services voted in favor of passing HB 3414 after amendment . The committee amendment to HB 3414 removed the provisions that would have decriminalized possession of “psilocybin- or psilocin-containing mushrooms.”
February 2023, Daniel Pae (R) introduced HB 2107, to remove the threat of legal prosecution for researchers conducting studies and clinical trials using psilocybin to treat conditions like PTSD, depression, traumatic brain injury, chronic pain, and opioid use disorder, among others. After second reading, the bill was referred to the Health and Human Services Committee and then to the Appropriations Committee in late March 2023.
On March 3, 2022, a group of bipartisan Georgia legislators proposed HR896 , which would create the House Study Committee on Alternative Post-Traumatic Stress Disorder Treatment Resources for Veterans. If formed, the five-member committee would “undertake a study of the conditions, needs, issues, and problems” related to utilizing psilocybin-assisted therapy to treat veterans suffering from PTSD or depression and for other purposes, such as to treat people struggling with addiction. The committee would also be empowered to “recommend any action or legislation which the committee deems necessary or appropriate.” The committee would have until December 1, 2022, to report its findings, after which it would be disbanded.
On March 30, 2022, the House Defense and Veterans Affairs Committee amended the composition of the proposed House Study Committee on Alternative Post-Traumatic Stress Disorder Treatment Resources for Veterans to include an agent of the Georgia Department of Public Health. Following the adoption of this amendment, the House Defense and Veterans Affairs Committee voted to approve the legislation. It will now move to the House Rules Committee for further consideration.
On September 6, 2022, Councilmember Liliana Bakhtiari referred Resolution 22-R-4257 to the Atlanta City Council for consideration. If passed, it would make “the investigation and arrest of persons for planting, cultivating, purchasing, transporting, distributing, engaging in practices with, or possessing Entheogenic Plants, Fungi, and Spores or compounds which are on the Federal Schedule 1 list” the lowest enforcement priority for the Atlanta Police department. “Entheogenic Plants, Fungi, and Spores” is defined as “the full spectrum of plants, fungi, and natural materials and/or their extracted compounds: indole amines, tryptamines, and phenethylamines; that can benefit psychological and physical wellness, support and enhance religious and spiritual practices.” The resolution explicitly notes that it does not authorize the commercial sale or manufacture of Entheogenic Plants, Fungi, and Spores. On October 10, 2022, Atlanta City Council members decided not to advance the resolution; instead, it was determined by unanimous vote that the resolution would be held in committee for further consideration.
On February 4, 2022, SB 709 was introduced and assigned to the Budget and Taxation and Finance committee. The bill establishes the Post–Traumatic Stress Disorder Alternative Therapies Fund as a special, nonlapsing fund, that is not subject to § 7–302 of the state finance and procurement article. The purpose of the fund is to support the department in studying the effectiveness of and improving access to alternative therapies for post–traumatic stress disorder in veterans. “Alternative therapies” includes hyperbaric oxygen therapy and psychedelics including 3,4–methylenedioxymethamphetamine (MDMA), psilocybin, and ketamine. The bill will take effect July 1, 2022.
On February 11, 2022, HB 1367 was introduced and assigned to the Appropriations committee. The bill mirrors SB 709 and will take effect July 1, 2022.
On March 8 2022, HB 1054 , and SB0784 were introduced which both propose to decriminalize possession of different “de minimis quantities of dangerous controlled substances,” including up to “40 user units of lysergic acid diethylamide (LSD),” and up to “1 gram or 5 tablets of 3,4-Methylenedioxymethamphetamine (MDMA).” If either bill is enacted, possession of “de minimis quantities of dangerous substances” would be considered a civil offense carrying a maximum fine of $100 for a first offense, followed by a $150 maximum fine for a second offense. Third, and all subsequent offenses would result in a fine not to exceed $200. Under current laws, drug possession may carry prison terms and a fine of up to $5,000. Both bills were referred to committee later that month .
On April 8, 2022, Maryland lawmakers sent a SB0709 to the governor that would create a state fund to provide “cost-free” access to psychedelics like psilocybin, MDMA and Ketamine for military veterans suffering from post-traumatic stress disorder (PTSD) and traumatic brain injury.
On May 27, 2022, Maryland’s governor Larry Hogan (R) announced that he will allow SB0709 to take effect without his signature. The measure from Sen. Sarah Elfreth (D) passed unanimously through both chambers before being sent to his office.
Introduced February 10, 2023, HB 0927 would lower penalties for “de minimis” possession of specified levels of certain controlled substances. If passed, penalties would be reduced from criminal misdemeanors to civil fines of $100 and, in cases of people under 21, include a referral to a state-approved drug education program.
On January 24, 2024, HB 548 titled “Task Force on Responsible Use of Natural Psychedelic Substances” was introduced to the State House Health and Government Operations Committee with six sponsors. A companion bill SB 1009 was introduced to the State Senate on February 2, 2024. This bill would establish a taskforce to examine the use of natural psychedelic substances as implemented in other states such as Washington and Minnesota. The bill was scheduled for a hearing on February 21, 2024.
On January 28, 2020 Chicago’s Committee on Health and Human Relations heard R2019-735 an “Expression of support for adult use of Entheogenic Plants and call for hearing(s) to discuss findings from Department of Public Health on feasibility of use of Entheogenic Plants and its plant compounds as alternative treatment options.” The resolution was heard but not passed.
In November, 2022, Evanston, Illinois council member Devon Reid announced intentions to sponsor legislation in December 2022, which would decriminalize the “planting, cultivation, delivery, possession with intent to deliver, or possession of entheogenic plants and the derivative controlled substances,” making the penalty for any of the aforementioned conduct punishable by a civil fine not to exceed $100. However, the fine may be waived if the violator completes an approved rehabilitation program or performs some form of reasonable public service work. The proposed legislation notes that entheogenic plants include, but are not limited to, psilocybin, psilocyn, Lophophora williamsii, and Banisteriopsis caapi. This bill would also make the investigation or arrest of planting, cultivating, purchasing, transporting, distributing, or engaging in practices with or possessing entheogenic plants the lowest law enforcement priority. On May 1, 2023 the bill was voted down by the City Council. The Assistant City Attorney stated “We cannot change what the state has deemed a felony. We can choose to enforce it differently, meaning we could choose to make it a low-level priority for our police department, but we cannot change the fact that it is a felony.”
On January 12, 2023, Reps. La Shawn Ford (D) and Jehan Gordon-Booth (D) introduced HB0001 , the Illinois CURE (Compassionate Use and Research of Entheogens) Act. The Act would establish the Illinois Psilocybin Advisory Board within the Department of Public Health for the purpose of advising and making recommendations to the Department regarding the provision of psilocybin and psilocybin services. The Department would begin receiving applications for the licensing of persons to manufacture or test psilocybin products, operate service centers, or facilitate psilocybin services. The Act also provides for the expungement of records concerning the possession of psilocybin and psilocin, and amends the Illinois Controlled Substances Act to remove psilocybin and psilocin from the list of Schedule I controlled substances. It was referred to the Rules Committee.
On February 10, 2023, Sen. Rachel Ventura introduced legislation to amend the Illinois Controlled Substances Act. The CURE Act, SB 2353 , “[p]rovides that notwithstanding any other provision of the Act to the contrary, including the scheduling of psilocybin as a Schedule I controlled substance, the Department of Financial and Professional Regulation shall authorize the distribution of, and make publicly available, psilocybin for medical, psychological, and scientific studies, research, and other information relating to 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. Provides that the Department of Financial andProfessional Regulation shall begin receiving applications for the registration of persons to perform the following: (1) manufacturing psilocybin products; (2) operating a service center; (3) facilitating psilocybin services; and (4) testing psilocybin products.”
House Bill 2486 would appropriate $30 million from the state budget for psilocybin research grants and establish a psilocybin research advisory council.The bill was unanimously passed out of the Military Affairs and Public Safety Committee on February 1, 2023. In the health care appropriation bill, $5 million was included in the final budget for funding studies related to psilocybin. The studies primarily target PTSD, depression, “long” COVID, and inflammatory disorders.
HB 2274 would require that employers provide workers’ compensation coverage to firefighters and certified peace officers who have been diagnosed with PTSD that includes a treatment protocol of MDMA-assisted therapy as prescribed by a healthcare provider. In the Arizona Revised Statutes, a peace officer is defined as “any person vested by law with a duty to maintain public order and make arrests and includes a constable.”
HB 2105 was introduced on January 22, 2024. This is a research bill similar to HB 2274 but funds psilocybin research instead of MDMA. The research would encompass an array of mental health diagnoses including long COVID-19, PTSD, depression, amongst others. A section of this bill describes it as “an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.”
SB 1570 was introduced on February 5, 2024. The proposed bill establishes the Arizona Psilocybin Advisory Board, responsible for overseeing and regulating the provision of psilocybin services provided at “psychedelic-assisted therapy centers” in the state. Notably, licensees, or providers of psilocybin services, would require approval from the Department of Health Services and must meet established licensure requirements. The bill also establishes the Psilocybin Control and Regulation Fund, funded by fees collected and civil penalties imposed. The fund is to be administered by the Department of Health Services and can be used to provide grants for Psilocybin clinical trials.
The legislation also outlines the powers and duties of the advisory board, including publishing annual reports, approving training programs, making recommendations on Psilocybin-related matters, and monitoring federal laws and regulations. Additionally, the bill sets forth requirements for licensing Psilocybin-assisted therapy centers, including training programs, location restrictions, and minimum age requirements for employees. The Department is tasked with adopting rules, collecting fees, and regulating advertising. Notably, SB 1570, includes provisions related to fingerprinting cards for individuals involved in operating Psychedelic-Assisted Therapy Centers.
On February 13, 2024, the bill was passed unanimously out of the Health and Human Services committee following two readings in the senate.
On February 16, 2023, Rep. Andy Smith (D) introduced HF 1884 which would establish a “Psychedelic Medicine Task Force” to study and advise on legalizing certain psychedelic substances, such as psilocybin, LSD, and MDMA. The original bill was much more expansive, and mandated the task force investigate several other psychoactive compounds. A companion bill, SF 1954, was introduced by Sen. Kelly Morrison (D) on February 20, 2023. The task force consists of 23-members who would survey existing scientific literature and compare the efficacy of psychedelic medicines to conventional drug treatments. The first report from the task force would be due by February 1, 2024. Ultimately, the psychedelic task force was included in the omnibus health bill passing the Senate 34 to 32 and passing the House 69 to 64 as of May 23, 2023. The task force remained in the budget and was signed into law by Governor Walz. An initial report was published on February 1, 2024 with a final report due by January 1, 2025. On March 4, 2024, the state appropriations allocated a one-time expenditure of $338,000 for the 2024 fiscal year and $171,000 for the 2025 fiscal year from the general fund to cover labor costs of the Psychedelic Medicine Task Force.
On July 21, 2023, Minneapolis mayor Jacob Frey issued an Executive Order making Minneapolis the first city in the Upper Midwest to deprioritize natural psychedelics. This Executive Order makes entheogenic indolamines, tryptamines, and phenethylamine lowest law enforcement priority, including psilocybin, ayahuasca, mescaline and iboga.
On March 09, 2023, lawmakers in Nevada introduced SB 242 which would decriminalize “the possession, use, consumption, cultivation, manufacturing, growing, harvesting, preparation, compounding, conversions, handling, transportation, administrations, sharing, giving away, testing or delivery of 4 ounces or less of fungi that produces psilocybin or psilocin” for individuals 18 years of age or older. Additionally, SB 242 would establish “procedures for a research facility to obtain approval … to conduct certain studies” involving MDMA and psilocybin and would allow “certain conduct by persons who are 18 years of age or older involving psilocybin and MDMA if conducted in connection with and within the scope of an approved study.” The bill was referred to the Committee on Finance in April 2023 and was scaled back from the original proposal to fully legalize psilocybin fungi. It passed the Senate 16-4 and the Assembly in a unanimous 40-0 vote on June 4, 2023 .
On January 4, 2023, HB 98 was introduced, titled “An Act Relating to Controlled Substances.” If passed, the bill would “amend possession of controlled substance statutes to reduce penalty.” It would also amend state law “to provide for referrals to treatment for persons charged with possession of controlled substances,” and “to decriminalize possession of items to test, store, or consume controlled substances.” In addition, the bill would establish a program for harm reduction centers.
On May 31 2023, Kentucky Attorney General Daniel Cameron announced that the state would take $42 million from their portion of the Opioid Settlement Fund and invest it into researching addiction treatment with ibogaine.
On November 15, 2022, HB 955 was introduced to the House by Representative Jill Cohenour (D). The bill would legalize the use of psilocybin for PTSD and psychiatric care. The bill missed the Revenue Bill Transmittal on April 6, 2023.
On December 3, 2022 Montana Representative George Nicolakakos (R) introduced LC 2311 to the state legislature. The bill was titled “Interim study on the use of psilocybin for treatment of mental illness” and was placed on hold December 12, 2022.
On March 27, 2023, draft HB 1208 was delivered to the Executive Director for final review. This bill would legalize psilocybin use for the treatment of certain mental health conditions, including PTSD. HB 1208 would also establish guidelines for psilocybin cultivation, manufacturing/ packaging, and administration.
HB 727 was introduced on April 18, 2023. This bill would establish the Breakthrough Therapies Research Grant Fund, awarding $2.5M in total to qualifying research projects. Grant funds under HB 727 must be used to conduct research in the State on the use of either MDMA or psilocybin. Further, qualifying MDMA research must be concentrated on treating PTSD in veterans, first responders, frontline healthcare professionals, or victims of domestic violence and/or sexual assault. Qualifying psilocybin research must be concentrated on treating anxiety or depressive disorders and must also measure pain outcomes.
The interim state study on public health, behavioral health, and human services has begun to discuss the use of psychedelics. State officials have commented on the move, with Rep Vanessa Summers stating: “If scientists are able to prove that psilocybin is effective at treating mental health disorders and help us prevent Hoosiers from dying by suicide, we as legislators have an obligation to consider legalizing a program similar to that in Oregon to help our constituents.”
SB 139, introduced on January 8, 2024, establishes the “therapeutic psilocybin research fund” administered by the Indiana Department of Health. The fund aims to offer financial assistance to research institutions in the state studying the use of psilocybin for treating mental health and other medical conditions. The bill also outlines clinical study requirements. Institutions conducting psilocybin studies are obligated to submit a report to the “interim study committee on public health, behavioral health and human services, state department, and division of mental health and addiction.” As of February 6, 2024, the bill has three primary authors and seven other co-sponsors and passed by the Health and Provider Services Committee after the third reading. On February 13, 2024, the bill was referred to the Ways and Means Committee.
Introduced on January 8, 2024, HB 228 and SB 166 propose the establishment of a psychedelic medicine task force. This task force aims to: “(1) Assess the potential use of psychedelic medicine in addressing the state’s ongoing mental health crisis; (2) Consider barriers to implementation and equitable access; (3) Consider and recommend licensing and insurance requirements for practitioners in the state in the event that psychedelic medicines are federally reclassified and approved by the United States Food and Drug Administration; and (4) Consider legal and regulatory pathways to the legalization of psychedelic medicines in the state, and the potential effects of the medicines on public health.” On February 2, 2024, SB 166 was opened for public testimony after being introduced in the Judiciary, Labor & Commerce Committee. As of February 20, 2024 public hearings for both HB 228 and SB 166 were scheduled and held; HB 228 was passed out of the Military and Veterans Affairs committee.
US CITIES Psychedelics Legalization Status
In January 2020, the City Council of Santa Cruz, California unanimously passed Resolution No. NS-26,032 which resolved that Santa Cruz would “not expend City resources in the investigation and arrest of persons twenty-one (21) years of age and older solely for the personal use, personal possession, and personal cultivation of Entheogenic Plants and Fungi listed on the Federal Schedule 1 list and that such activities should be considered among the lowest law enforcement priorities for the City of Santa Cruz.”
The City of Santa Cruz held a city council meeting on September 14, 2021 and Resolution No. NS-29,867 was adopted declaring that the investigation and arrest of individuals twenty-one (21) years of age and older involved with the adult personal use and personal possession of entheogenic psychoactive plants and fungi listed on the Federal Schedule 1 list be amongst the lowest priorities for the City of Santa Cruz, and rescinding previous Resolution No. NS-29,623.
On November 3, 2020, D.C. residents approved Initiative Measure No. 81 which made “the investigation and arrest of persons 18 years of age or older, for non-commercial planting, cultivating, purchasing, transporting, distributing, engaging in practices with, and/or possessing entheogenic plants and fungi” among the Metropolitan Police Department’s “lowest enforcement priorities.”
In 2019, Denver Colorado became the first city in the U.S. to deprioritize law enforcement for possession of psilocybin mushrooms with the passage of Initiative 301 , which states that personal possession of mushrooms is the city’s “lowest law enforcement priority.” The initiative prevents law enforcement from using city funds for criminal law enforcement of the personal use and possession of psilocybin mushrooms by adults. However, Initiative 301 did not legalize psilocybin mushrooms.
In June 2019, the City Council of Oakland, California, unanimously passed Resolution No. 88464 CMS urging the state legislature to immediately enact state laws that decriminalize or legalize the possession and use of entheogenic plants and fungi; to allow local jurisdictions to authorize its citizens to engage in community-based healing ceremonies involving the use of entheogenic plants and fungi without risk of arrest and state prosecution, when practiced in accordance with safe practice guidelines and principles; and that provide legal protections against criminal prosecution for local jurisdictions their elected and appointed officials, practitioners and users operating in accordance with the Oakland Community Healing Initiative (OCHI).
On January 28, 2020 Chicago’s Committee on Health and Human Relations heard R2019-735 an “Expression of support for adult use of Entheogenic Plants and call for hearing(s) to discuss findings from Department of Public Health on feasibility of use of Entheogenic Plants and its plant compounds as alternative treatment options.” The resolution was heard but not passed.
On January 14, 2021, the city of Somerville, Massachusetts unanimously approved Resolution R021.207 . Both contain language mirroring that of Somerville, although Northampton’s provisions also apply to minors.
On October 20, 2021, the Easthampton City Council passed a non-binding resolution (7-0, with two abstentions) states that “the arrest of persons for using or possessing controlled substances for personal adult therapeutic, excepting Lophophora and animal-derived controlled substances” and “the investigation and arrest of persons for planting, cultivating, purchasing, transporting, distribution by caregivers, engaging in practices with, and/or possessing entheogenic plants, for the purpose of therapeutic purposes” “shall be amongst the lowest law enforcement priority.” The resolution also “calls upon the city’s officials to work in support of decriminalizing entheogenic plants and approaching all controlled substances first and primarily through the lens of public health and restorative racial justice.”
On May 11, 2023, the city of Salem voted unanimously to end arrests for psilocybin. The resolution maintains that no city department “should use city funds or resources to assist in the enforcement of laws imposing criminal penalties for the use and possession of psilocybin-containing fungi by adults.”
On September 21, 2020, the City Council of Ann Arbor, Michigan passed Resolution 20-1389 which resolved that “the investigation and arrest of persons for planting, cultivating, purchasing, transporting, distributing, engaging in practices with, or possessing Entheogenic Plants or plant compounds which are on the Federal Schedule 1 list shall be the lowest law enforcement priority,” that “city funds or resources shall not be used in any investigation, detention, arrest, or prosecution arising out of alleged violations of state and federal law regarding the use of Entheogenic Plants,” and that the District Attorney should “cease prosecution of persons involved in the use of Entheogenic Plants or plant-based compounds.”
On January 12, 2021, Washtenaw County, of which Ann Arbor is the seat, resolved in Policy Directive 2021-06 that prosecutors must no longer file criminal charges for use, possession, and cultivation of entheogenic plants, and that purchasing, transporting, and distributing them would be the lowest law enforcement priority, with a “general presumption against filing criminal charges relating to the small-scale sale or distribution.” “The Prosecutor’s Office will, however, continue to prosecute cases involving operating a motor vehicle under the influence of entheogenic plants.”
October 4, 2021 Seattle City Council passed Resolution 32021 declaring that the investigation, arrest, and prosecution of anyone engaging in entheogen-related activities “should be among The City of Seattle’s lowest enforcement priorities.” The resolution affirmed the Seattle Police Department’s existing enforcement practice to neither detain nor arrest individuals solely for suspected violations or for mere possession. The resolution also states the Council’s support for full state-wide decriminalization of certain entheogen-related activities.
Although the resolution expressed strident support for reduced enforcement policies, it did not alter existing city ordinances, municipal codes, nor did it legalize any controlled substances.
On October 6, 2021 the Arcata City Council unanimously passed Resolution 212-17 , declaring “that the investigation and arrest of persons for planting, cultivating, purchasing, transporting, distributing, engaging in practices with, or possessing Entheogenic Plants and Fungi or plant compounds” “shall not be a public safety priority,” except “when other code violations are present such as a public disturbance, driving while under the influence, use in the presence of minors, or jeopardizing public safety.”
Commercial sales and manufacturing remain prohibited, and the Resolution expressly notes that it does not extend to “properties owned or leased by the California State University system.”
On November 2, 2021 the voters of the City of Detroit accepted Proposal E to enact a city ordinance decriminalizing “the personal possession and therapeutic use of Entheogenic Plants by adults and make the personal possession and therapeutic use of Entheogenic Plants by adults the city’s lowest law-enforcement priority.” Entheogenic plants include “the full spectrum of plants, fungi, and natural materials and/or their extracted compounds, limited to those containing the following types of compounds: indole amines, tryptamines, and phenethylamines.”
Prop E does not decriminalize sales or distribution but requires the Detroit Police Department to cease directing resources to investigating and prosecuting Detroit residents for personal possession and therapeutic use of those substances.
December 20, 2021, the City Council of Port Townsend, Washington unanimously approved Resolution No. 21-088, incorporating various additional comments and edits proposed by the Port Townsend Psychedelic Society. The resolution declares that “The investigation, arrest, and prosecution of adults engaging in entheogen related activities, including but not limited to the cultivation, gathering, and sharing of entheogens for use in religious, spiritual, healing, or personal growth practices, should be among the lowest enforcement priorities for the City of Port Townsend when done in a nonpublic place.” Additionally, the resolution goes on to forbid, “when reasonably possible,” all city departments, agencies, boards, commissions, officers or employees of the city, including without limitation, Port Townsend Police Department, from using any city funds or resources to assist in the enforcement of laws imposing criminal penalties for the planting, cultivating, gathering, transporting, distributing, possessing, or using entheogens by adults. The resolution explicitly excludes the distribution and use of entheogens to anyone under the age of eighteen.
On March 22, 2022, the city council for the City of Hazel Park passed a resolution to decriminalize “Entheogenic Plants” which include “the full spectrum of plants, fungi, and natural materials and/or other extracted compounds, limited to those containing the following types if compounds: indole amines, tryptamines, phenethylamines; that can benefit psychological and physical wellness, support and enhance religious and spiritual practices, and can reestablish human’s inalienable and direct relationship to nature.” The resolution prohibits the use of city funds or resources to investigate, detain, arrest, or prosecute individuals found planting, cultivating, purchasing, transporting, distributing, engaging in practices with, or possessing Entheogenic Plant. However, the resolution specifically disallows “ possessing or distributing these materials in schools, consumption, or usage by minors, driving under the influence of these materials, public disturbance, or commercial sales or manufacturing” of Entheogenic Plants.
In November, 2022, Evanston, Illinois council member Devon Reid announced intentions to sponsor legislation in December 2022, which would decriminalize the “planting, cultivation, delivery, possession with intent to deliver, or possession of entheogenic plants and the derivative controlled substances,” making the penalty for any of the aforementioned conduct punishable by a civil fine not to exceed $100. However, the fine may be waived if the violator completes an approved rehabilitation program or performs some form of reasonable public service work. The proposed legislation notes that entheogenic plants include, but are not limited to, psilocybin, psilocyn, Lophophora williamsii, and Banisteriopsis caapi. This bill would also make the investigation or arrest of planting, cultivating, purchasing, transporting, distributing, or engaging in practices with or possessing entheogenic plants the lowest law enforcement priority.
In 2019, the Berkeley City Council considered a resolution sponsored by Decriminalize Nature, which would have forbid city officials from using city resources to enforce criminal penalties for possession of “entheogenic plants.” The term entheogenic plants was defined to include “plants and natural sources such as mushrooms, cacti, iboga containing plants and/or extracted combinations of plants similar to ayahuasca; and limited to those containing the following types of compounds: indole amines, tryptamines, phenethylamines.” This resolution was referred to the Berkeley Community Health Commission for feedback.
On November 29, 2022, the Berkeley Community Health Commission unanimously decided to recommend an amended version of the 2019 resolution for consideration by the City Council. Since 2019, Berkeley Community Health Commissioners Karma Smart and Josh Holcomb Adams rewrote the resolution , originally sponsored by Decriminalize Nature. The revised version would direct city officials not to use any city funds to enforce criminal penalties related to the possession and personal use of “psychedelic drugs.” The term “psychedelic drugs” is defined to include “the ‘classic psychedelics’ LSD, psilocybin, DMT, mescaline and all other compounds that exert similar psychoactive effects through stimulation of the 5-HT2A receptor.” The resolution specifically excludes peyote, MDMA, ibogaine and ketamine from the definition of psychedelics. This measure would not have decriminalized sharing, gifting, or selling the covered substances. Unhappy with the changes, the amended resolution no longer has the support of its original sponsors.
On February 27, 2023, city leaders in Ferndale passed a resolution to decriminalize natural psychedelics sponsored by Mayor Kat Bruner James. The resolution specifically states “indoleamines, tryptamines, and phenethylamines; that can benefit psychological and physical wellness, support and enhance religious and spiritual practices, and can reestablish human’s inalienable and direct relationship to nature” are now “lowest law enforcement priority”.
On July 21, 2023, Minneapolis mayor Jacob Frey issued an Executive Order making Minneapolis the first city in the Upper Midwest to deprioritize natural psychedelics. This Executive Order makes entheogenic indolamines, tryptamines, and phenethylamine lowest law enforcement priority, including psilocybin, ayahuasca, mescaline and iboga.
On Tuesday, January 9, 2024, the Ypsilanti City Council unanimously declared, in a 6-0 vote, that “the investigation and arrest of individuals for entheogenic plants will be the lowest priority for the city of Ypsilanti.” Furthermore, the resolution specifies that “city funds or resources shall not be used in any investigation, detention, arrest, or prosecution arising out of alleged violations of state and federal law regarding the use of Entheogenic Plants.”
The City Council of the City of Ypsilanti’s support of this resolution also signifies their endorsement of the passage of SB 499, Michigan’s senate bill that would legalize the cultivation and sharing of entheogenic plants and fungi without financial exchange. As a nice final touch, the document directs the City Clerk of Ypsi to forward their expressed support of the resolution to the Senate Committee of Regulatory Affairs and Governor Whitmer.
Psychedelic drug reform activity, ordered alphabetically by state:
Pending legislation would establish the Alaska mental health and psychedelic medicine task force.
Introduced on January 8, 2024, HB 228 and SB 166 propose the establishment of a psychedelic medicine task force. This task force aims to: “(1) Assess the potential use of psychedelic medicine in addressing the state’s ongoing mental health crisis; (2) Consider barriers to implementation and equitable access; (3) Consider and recommend licensing and insurance requirements for practitioners in the state in the event that psychedelic medicines are federally reclassified and approved by the United States Food and Drug Administration; and (4) Consider legal and regulatory pathways to the legalization of psychedelic medicines in the state, and the potential effects of the medicines on public health.” On February 2, 2024, SB 166 was opened for public testimony after being introduced in the Judiciary, Labor & Commerce Committee. As of February 20, 2024 public hearings for both HB 228 and SB 166 were scheduled and held; HB 228 was passed out of the Military and Veterans Affairs committee.
Pending legislation would appropriate funds and promote psilocybin research.
House Bill 2486 would appropriate $30 million from the state budget for psilocybin research grants and establish a psilocybin research advisory council.The bill was unanimously passed out of the Military Affairs and Public Safety Committee on February 1, 2023. In the health care appropriation bill, $5 million was included in the final budget for funding studies related to psilocybin. The studies primarily target PTSD, depression, “long” COVID, and inflammatory disorders.
HB 2274 would require that employers provide workers’ compensation coverage to firefighters and certified peace officers who have been diagnosed with PTSD that includes a treatment protocol of MDMA-assisted therapy as prescribed by a healthcare provider. In the Arizona Revised Statutes, a peace officer is defined as “any person vested by law with a duty to maintain public order and make arrests and includes a constable.”
HB 2105 was introduced on January 22, 2024. This is a research bill similar to HB 2274 but funds psilocybin research instead of MDMA. The research would encompass an array of mental health diagnoses including long COVID-19, PTSD, depression, amongst others. A section of this bill describes it as “an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.”
SB 1570 was introduced on February 5, 2024. The proposed bill establishes the Arizona Psilocybin Advisory Board, responsible for overseeing and regulating the provision of psilocybin services provided at “psychedelic-assisted therapy centers” in the state. Notably, licensees, or providers of psilocybin services, would require approval from the Department of Health Services and must meet established licensure requirements. The bill also establishes the Psilocybin Control and Regulation Fund, funded by fees collected and civil penalties imposed. The fund is to be administered by the Department of Health Services and can be used to provide grants for Psilocybin clinical trials.
The legislation also outlines the powers and duties of the advisory board, including publishing annual reports, approving training programs, making recommendations on Psilocybin-related matters, and monitoring federal laws and regulations. Additionally, the bill sets forth requirements for licensing Psilocybin-assisted therapy centers, including training programs, location restrictions, and minimum age requirements for employees. The Department is tasked with adopting rules, collecting fees, and regulating advertising. Notably, SB 1570, includes provisions related to fingerprinting cards for individuals involved in operating Psychedelic-Assisted Therapy Centers.
On February 13, 2024, the bill was passed unanimously out of the Health and Human Services committee following two readings in the senate.
Resolutions unanimously passed in the cities of Oakland, Santa Cruz, Arcata, Berkeley and San Francisco have made personal use and possession of certain psychedelics the lowest law enforcement priority. Senate Bill 58, which was introduced in December 2022, and follows Scott Wiener’s stalled legislation from 2021, SB-519, sought to decriminalize the possession and personal, facilitated, or supported use of certain natural psychedelics, specifically psilocybin, psilocin, DMT, mescaline (excluding peyote), and ibogaine. The bill was ultimately vetoed by Governor Gavin Newsom.
In June 2019, the City Council of Oakland, California, unanimously passed Resolution No. 87731 CMS resolving that no “city funds or resources” can be used “to assist in the enforcement of laws imposing criminal penalties for the use and possession of Entheogenic Plants by adults.” It also calls upon the District Attorney to “cease prosecution of persons involved in the use of Entheogenic Plants or plant-based compounds,” and declares that “the investigation and arrest of adult persons for planting, cultivating, purchasing, transporting, distributing, engaging in practices with, and/or possessing Entheogenic Plants or plant compounds on the Federal Schedule 1 list shall be amongst the lowest law enforcement priority.”
On December 15, 2020, the City Council of Oakland unanimously passed and adopted Resolution No. 88464 CMS urging the state legislature to immediately enact state laws that decriminalize or legalize the possession and use of entheogenic plants and fungi; to allow local jurisdictions to authorize its citizens to engage in community-based healing ceremonies involving the use of entheogenic plants and fungi without risk of arrest and state prosecution, when practiced in accordance with safe practice guidelines and principles; and that provide legal protections against criminal prosecution for local jurisdictions their elected and appointed officials, practitioners and users operating in accordance with the Oakland Community Healing Initiative (OCHI).
On February 17, 2021 Senator Scott Wiener introduced Senate Bill 519 , which would remove criminal penalties for the possession for personal use and social sharing of psilocybin, psilocyn, MDMA, LSD, DMT, ibogaine, and mescaline (excluding peyote). Ketamine was initially included in the list of compounds, but was removed in the Assembly by committee amendment. The bill also originally included provisions to dismiss and seal prior drug convictions that would no longer be unlawful; that language was removed in the Senate.
After being approved by the full Senate (21-16) on June 1, 2021, SB519 failed to win enough support in the Assembly Appropriations Committee, and on August 26th Senator Wiener announced that the vote would be delayed u ntil the January 2022 session. SB519 died on the inactive file in late November 2022.
The City of Santa Cruz held a city council meeting on September 14, 2021 and Resolution No. NS-29,867 was adopted declaring that the investigation and arrest of individuals twenty-one (21) years of age and older involved with the adult personal use and personal possession of entheogenic psychoactive plants and fungi listed on the Federal Schedule 1 list be amongst the lowest priorities for the City of Santa Cruz, and rescinding previous Resolution No. NS-29,623.
On September, 16, 2022, the San Francisco Board of Supervisors passed a resolution that urges law enforcement officials to make “the investigation and arrest of individuals involved with the adult use of Entheogenic Plants on the Federal Schedule 1 List” among “the lowest priority for the City and County of San Francisco”. The resolution also urges the State of California and the federal government to decriminalize entheogenic plants.
On December 19, 2022, State Senator Scott Wiener introduced SB 58 , which would legalize the possession, transportation, transfer, preparation, and obtaining allowable amounts of psilocybin, psilocyn, dimethyltryptamine (DMT), ibogaine and mescaline for personal or facilitated or supported use by persons 21 years old or older. The bill specifies that “allowable amount” means 2 grams of DMT, 15 grams of ibogaine, 2 grams of psilocybin or psilocin, or four ounces of plant or fungi containing psilocybin or psilocyn. This bill would also repeal the provision of the law that “prohibits the cultivation, transfer, or transportation, as specified, of any spores or mycelium capable of producing mushrooms or other material which contain psilocybin or psilocyn.” Notably, this bill would not legalize LSD, MDMA, or peyote.
On March 28, 2023, the initial hearing on AB 941 ( the End Veteran Suicide Act) was postponed at the request of the author. AB 941 “would authorize a licensed professional clinical counselor to administer controlled substances to combat veterans, as specified. The bill would require the psychedelic-assisted therapy to take place over a minimum of 30 sessions and would require a therapy session to be a minimum of 12 hours in duration, which may occur overnight, as necessary. The bill would also require 2 or 3 licensed professional clinical counselors to be present per patient at a psychedelic-assisted therapy session. On January 9 and January 18 2024, the bill was unanimously passed in both the Health Committee and Appropriations Committee respectively. On January 30, 2024 the bill was read before the Senate Rules Committee for subsequent assignment.
SB 58 was given a hearing on May 1, 2023 and ordered to a third reading the following day. Later that month on May 24, 2023, the Senate voted on SB 58, passing by a 21 to 16 margin in favor of the bill. On June 1, 2023 the bill was referred to the committee on Public Safety and Health, and another hearing was scheduled for the Assembly Appropriations Committee on August 16th.
On July 11, 2023, the City of Berkeley passed a resolution sponsored by councilmember Sophie Hahn which would decriminalize the possession of all psychedelic entheogenic substances except peyote. Despite decriminalizing possession the resolution does not permit sharing or gifting these substances. It also urges the California State Legislature to pass legislation regarding the issue as well.
SB 58 was amended to allow decriminalization of natural psychedelics (4g of mescaline, 1g DMT, 1g of psilocybin, and 1g of psilocyn, 1 oz of “a plant or fungi containing psilocybin”, or 1 oz of “a plant or fungi containing psilocyn”). Peyotes and other synthetic substances were excluded from this iteration of SB 58. This bill was voted on by the California State Assembly on September 6th, 2023. The bill passed by a vote of 42 to 11. On October 7, 2023 the bill was vetoed by Governor Gavin Newsom. The governor said in a statement : “California should immediately begin work to set up regulated treatment guidelines – replete with dosing information, therapeutic guidelines, rules to prevent against exploitation during guided treatments, and medical clearance of no underlying psychoses. Unfortunately, this bill would decriminalize possession prior to these guidelines going into place, and I cannot sign it”. The governor followed up this statement by suggesting future reforms: “I urge the legislature to send me legislation next year that includes therapeutic guidelines. I am, additionally, committed to working with the legislature and sponsors of this bill to craft legislation that would authorize permissible uses and consider a framework for potential broader decriminalization in the future, once the impacts, dosing, best practice, and safety guardrails are thoroughly contemplated and put in place.” Bill Sponsor Senator Anthony Weiner said in response to the veto: “This is a setback for the huge number of Californians — including combat veterans and first responders — who are safely using and benefiting from these non-addictive substances and who will now continue to be classified as criminals under California law,”
On October 17, 2023 the City of Eureka followed in the footsteps of neighboring Arcata by voting unanimously to decriminalize psilocybin and other natural entheogens after the council had previously endorsed SB58. Councilmember G. Mario Fernandez said: “This isn’t a call to ‘turn on, tune in and drop out, instead it would be to allow for folks who do take these substances for healing to reach out to medical and mental health professionals — or law enforcement, if things go towards a more negative experience — without any fear of reprisal.”
SB 1012 or “The Regulated Psychedelic-assisted Therapy Act and the Regulated Psychedelic Substances Control Act“ was introduced to the California State Senate on February 6, 2024 by Senator Scott Wiener (D). The bill would allow psilocybin, psilocin, and MDMA to be used in a legal supervised setting with the option of later adding DMT . The bill was crafted as a response to Governor Gavin Newsom who previously stated therapeutic guidelines are necessary following his veto of SB 58. This bill would create a Board of Psychedelic Facilitators under the Department of Consumer Affairs which would handle the licensing of facilitators. The bill does not allow for the use of psychedelics outside of a therapeutic context. On February 14, 2024, was forwarded to the Public Safety, Business, Professions and Economic Development Committees.
In a historic vote, Coloradans passed Proposition 122, becoming the second state in the U.S. to legalize psychedelics and treatment centers for their use.
I n 2019, Denver Colorado became the first city in the U.S. to deprioritize law enforcement for possession of psilocybin mushrooms with the passage of Initiative 301 , which states that personal possession of mushrooms is the city’s “lowest law enforcement priority.” The initiative prevents law enforcement from using city funds for criminal law enforcement of the personal use and possession of psilocybin mushrooms by adults. However, Initiative 301 did not legalize psilocybin mushrooms.
On March 1, 2020 , HB19-1263 went into effect state-wide. The act makes possession of 4 grams or less of a controlled substance listed in schedule I or II a level 1 drug misdemeanor; except that possession of any amount of gamma hydroxybutyrate (GHB) or a fourth or subsequent offense for possession of 4 grams or less of a schedule I or II controlled substance or any amount of a schedule III, IV, or V controlled substance is a level 4 drug felony.
Building off this momentum, in December of 2021, Colorado activists Kevin Matthews, the former campaign manager behind Initiative 301, and Veronica Perez introduced two nearly identical ballot measures, Initiative 49 and Initiative 50 , which proposed creating psychedelic treatment centers. Initiative 50 would have legalized the cultivation, possession and use of psilocybin and psilocin as “natural medicine.” Initiative 49 would also have included ibogaine, dimethyltryptamine, and mescaline (excluding peyote) as legal “natural medicines.” However, support for both measures was discontinued, as activists opted to revise the proposed initiatives.
In January 2022, activists filed Initiative 58 and Initiative 59 , which are revised versions of the “Natural Medicine Health Act of 2022,” previously proposed in Initiatives 49 and 50. On July 21, 2022, it was announced that Initiative 58 received enough signatures to qualify for the 2022 general election ballot. It appeared as Proposition 122 , the Decriminalization and Regulated Access Program for Certain Psychedelic Plants and Fungi Initiative. Initiative 59 expired , but Proposition 122 was approved 54%-46% in November 2022.
In January 2022 activists with Decriminalize Nature Boulder County filed Initiative 61 . This initiative would have legalized the cultivation, possession and use of psilocybin, psilocin, ibogaine, mescaline, and dimethyltryptamine by people aged 21 and older. However, Initiative 61 failed to garner the required number of signatures and did not appear on the 2022 general election ballot.
Also in January 2022, State Senator Joann Ginal (D) and Representative Alex Valdez (D) introduced HB 22-1116, which proposed to create a panel charged with investigating the possible uses of plant-based medicines in mental health treatment. The panel would have had one year to report its findings and policy recommendations to Colorado’s legislative committees. However, on April 5, 2022, the Colorado House decided to postpone the bill indefinitely.
On March 28, 2022, HB 22-1344 was introduced into the House and assigned to the Public & Behavioral Health & Human Services committee. The bill states that if the United States food and drug administration approves a prescription medicine that contains 3,4-methylenedioxymethamphetamine (MDMA), and if that medicine has been placed on a schedule of the federal “Controlled Substances Act”, other than schedule I, or has been exempted from one or more provisions of such act, then thereafter prescribing, dispensing, transporting, possessing, and using that prescription drug is legal in Colorado in connection with MDMA-assisted therapy for PTSD and other comorbidities. The bill passed the third reading in the House on April 8, 2022, and in the Senate on April 29, 2022. On June 8, 2022, Governor Jared Polis (D) signed HB 22-1344 into law.
On April 5, 2022, the members of the House Public and Behavioral Health and Human Services Committee voted unanimously to postpone HB22-1116 indefinitely. In view of proposed ballot initiatives, like Proposition 122 , Rep. Valdez requested the removal of HB22-1116 from consideration which prompted the committee vote.
On April 11, 2022, the city of Aspen approved a petition for a proposed ballot measure, which would make enforcing laws related to the “therapeutic use” of “plant medicines,” such as “ayahuasca, ibogaine, dimethyltryptamine, mescaline, psilocybin or psilocin” the “lowest law enforcement priority in the City of Aspen.” The term “therapeutic use” includes the “possession, storage, planting, cultivating, and transporting of plant medicines” by an adult over the age of 21. The organization behind the proposed measure, Right to Heal, had until October 11, 2022, to submit the required number of signatures to get the measure included on the ballot for the March, 2023 election.
On November 8, 2022, the voters of Colorado passed Proposition 122, making Colorado the second state in the country to enact a regulated access program for psychedelics. Proposition 122 will establish the Natural Medicine Advisory Board which will advise Colorado regulators on the creation of state sanctioned “healing centers.” The proposition will also allow individuals over 21 years old to obtain access to “natural medicines” at “healing centers.” The proposition defines the term “natural medicine” to initially include only psilocybin and psilocyn. However, the term would be expanded on June 1, 2026, to include dimethyltryptamine, ibogaine, and mescaline (excluding peyote). The Department of Regulatory Agencies (the Department) will have until January 1, 2024, to “establish the qualifications, education, and training requirements that facilitators must meet prior to providing natural medicine services.” Further, no later than September 30, 2024, “the Department shall adopt rules necessary to implement the regulated natural medicine access program and shall begin accepting applications for licensure by the date with decisions made on all licensing applications within 60 days of receiving the application.” The specific administrative rules that are passed in the coming years will be important because they will have a large impact on exactly what regulated access looks like in Colorado.
Additionally, Proposition 122 decriminalized the “Possessing, storing, using, processing, transporting, purchasing, obtaining, [and] ingesting natural medicine for personal use, or giving away natural medicine for personal use without remuneration” to people over the age of 21. Growing, cultivating, and processing plants or fungi capable of producing natural medicine for personal use has also been decriminalized at any “private home or residence” if they are secured from access by people under 21.
On April 18, 2023, Senate President Steven Fenberg (D) introduced SB23-290 , amending the regulatory language from Proposition 122. It was passed by 25 to 10 in the Senate and 45 to 18 in the House before being signed by Governor Polis on May 23, 2023. The bill puts penalties on public consumption, addresses local preemption, and protections for those consuming natural psychedelics. It also creates a legal framework for use at healing centers, and allows unlicensed facilitators to take donations for their work.
A law passed in June 2021 convened a working group to study the medical use of psilocybin. A pending House Bill seeks statutory amendments to allow the use of psilocybin for medicinal and therapeutic purposes.
On June 7, 2021, the Governor signed into law Senate Bill 1083 that calls upon the Department of Mental Health and Addiction Services to convene a working group “to study the health benefits of psilocybin” and examine “whether the use of psilocybin by a person under the direction of a healthcare provider may be beneficial to the person’s physical or mental well-being.” The working group is directed to “submit a report on its findings and recommendations” no later than January 1, 2022.
On May 7, 2022, the Governor signed House Bill 5506 adjusting the state budget for the biennium, effective from July 1, 2022 to June 30, 2023. This state budget bill specifically earmarked funds for psychedelic-assisted therapy programs administering psilocybin and MDMA treatments. Under the pilot program, veterans, retired first responders, and direct care health care worker can be qualified to receive MDMA-assisted or psilocybin-assisted therapy under the supervision of an approved federal Food and Drug Administration treatment site.
An appointed Connecticut Psychedelic Treatment Advisory Board will advise the Department of Mental Health and Addiction Services “on the design and development of the regulations and infrastructure necessary to safely allow for therapeutic access to psychedelic-assisted therapy upon the legalization of MDMA, psilocybin and any other psychedelic compounds.”
On January 9, 2023, Rep. David Michel (D) and Sen. Gary Winfield (D) introduced HB 5102 , which would “allow the use of psilocybin for medicinal and therapeutic purposes, including, but not limited to, the provision of physical, mental or behavioral health care.” The proposed bill merely provides that “the general statutes be amended to allow” such use. It was referred to the Joint Committee on Public Health.
On January 18, 2023 , HB 6146 was referred to the Joint Committee on Public Health after being introduced by Rep. Michelle L. Cook (D). This bill would implement a psychedelic assisted therapy pilot program by appropriating money from the General Fund. On February 8, 2023, the bill was referred to the Appropriations Committee.
Connecticu t House Bill 6734 , “An Act Concerning the Decriminalization of Possession of Small Amounts of Psilocybin,” introduced by Reps. Hughes, Simms, Michel, Porter. Public Hearing on March 1, 2023; the bill was passed by the House on May 11, 2023. HB6734 would eliminate criminal penalty for possessing less than ½ ounce of psilocybin and for possessing paraphernalia related to less than ½ ounce of psilocybin; requires temporary loss of driver’s license for possessing greater than ½ ounce of psilocybin, when under 21-years of age. Proposed Effective Date: October 1, 2023.
“The Decriminalization of Possession of Small Amounts of Psilocybin Act,” reintroduced as HB 5297 by Reps. David Michel and Travis Simms, outlines provisions for individuals found in possession of less than ½ ounce of psilocybin. According to the bill, a first offense will incur a fine of $150, while subsequent offenses will result in fines ranging from $200 to $500, along with mandatory enrollment in a drug education program.
The legislation was forwarded to the Joint Committee on Judiciary on February 26, 2024, and a Public Hearing is scheduled for March 6th. The proposed effective date for the act is October 1, 2024.
Measure 81, approved in November 2020, made possession and non-commercial use of entheogenic plants and fungi the lowest law enforcement priority.
On November 3, 2020, D.C. residents approved Initiative Measure No. 81 which made “the investigation and arrest of persons 18 years of age or older, for non-commercial planting, cultivating, purchasing, transporting, distributing, engaging in practices with, and/or possessing entheogenic plants and fungi” among the Metropolitan Police Department’s “lowest enforcement priorities.”
A bill was introduced in the Florida House to decriminalize personal use and possession of drugs. Bills have also been introduced in the House and Senate to research the medical benefits of psilocybin, MDMA, and ketamine.
November 23, 2021 Representative Dotie Joseph (D) introduced HB 725 , the “Collateral Consequences of Convictions and Decriminalization of Cannabis and All Drugs Act.” The bill states “Crimes associated with the personal usage and possession of controlled substances tha t do not involve production, distribution or sale shall be decriminalized in favor or civil fines and referral for drug rehabilitation.” In March 2022, the bill died in the Criminal Justice & Public Safety Committee.
Senate Minority Leader Lauren Book (D) and Representative Michael Grieco (D), the Ranking Minority Leader of the House Subcommittee on Criminal Justice and Public Safety, have also introduced bills that would require officials in the state to “conduct a study to evaluate the therapeutic efficacy of alternative therapies,” including MDMA, psilocybin, and ketamine, to treat conditions such as depression, anxiety, PTSD, bipolar disorder, chronic pain, and migraines. The bills, introduced as SB348 and HB193 (“Using Alternative Therapies to Treat Mental Health and Other Medical Conditions”), were modelled on the legislation enacted into law in Texas on June 18, 2021 ( HB1802 ). Both bills died in committee in March 2022.
A different bill introduced in the previous legislative session (“The Florida Psilocybin Mental Health Care Act,” HB549 ), aimed to legalize and regulate the use of psilocybin for mental health treatment. That bill died on April 30, 2021 in the Professions & Public Health Subcommittee.
State law makers propose the formation of a committee to investigate psilocybin-assisted therapy.
On March 3, 2022, a group of bipartisan Georgia legislators proposed HR896 , which would create the House Study Committee on Alternative Post-Traumatic Stress Disorder Treatment Resources for Veterans. If formed, the five-member committee would “undertake a study of the conditions, needs, issues, and problems” related to utilizing psilocybin-assisted therapy to treat veterans suffering from PTSD or depression and for other purposes, such as to treat people struggling with addiction. The committee would also be empowered to “recommend any action or legislation which the committee deems necessary or appropriate.” The committee would have until December 1, 2022, to report its findings, after which it would be disbanded.
On March 30, 2022, the House Defense and Veterans Affairs Committee amended the composition of the proposed House Study Committee on Alternative Post-Traumatic Stress Disorder Treatment Resources for Veterans to include an agent of the Georgia Department of Public Health. Following the adoption of this amendment, the House Defense and Veterans Affairs Committee voted to approve the legislation. It will now move to the House Rules Committee for further consideration.
On September 6, 2022, Councilmember Liliana Bakhtiari referred Resolution 22-R-4257 to the Atlanta City Council for consideration. If passed, it would make “the investigation and arrest of persons for planting, cultivating, purchasing, transporting, distributing, engaging in practices with, or possessing Entheogenic Plants, Fungi, and Spores or compounds which are on the Federal Schedule 1 list” the lowest enforcement priority for the Atlanta Police department. “Entheogenic Plants, Fungi, and Spores” is defined as “the full spectrum of plants, fungi, and natural materials and/or their extracted compounds: indole amines, tryptamines, and phenethylamines; that can benefit psychological and physical wellness, support and enhance religious and spiritual practices.” The resolution explicitly notes that it does not authorize the commercial sale or manufacture of Entheogenic Plants, Fungi, and Spores. On October 10, 2022, Atlanta City Council members decided not to advance the resolution; instead, it was determined by unanimous vote that the resolution would be held in committee for further consideration.
Legislation has been introduced to decriminalize psilocybin and legalize its medical use.
On January 22, 2021, Senate Bill 738 was introduced, which would remove psilocybin and psilocyn from the list of Schedule I substances and require the Department of Health to establish designated treatment centers for their therapeutic administration. On February 23, 2021 it was deferred by the Judiciary Committee.
On March 12, 2021, House Concurrent Resolution No. 174 was introduced, which calls for a “Medicinal Psilocybin and Psilocin Working Group” to be established in the Health Department and for members to study the current laws governing psilocybin, the existing research related to the “safety and efficacy” of psychedelics for mental health treatment, and propose guidelines for medical professionals to “prescribe and provide psilocybin” to patients. The working group “is requested to develop a long-term strategic plan to ensure the availability of medicinal psilocybin and psilocin or psilocybin-based and psilocin-based products that are safe, accessible, and affordable for adults twenty-one years of age or older.”
A parallel resolution ( S.C.R. No. 208 ) was introduced in the Senate on March 12th, and adopted after amendment on March 31st.
On January 21, 2022, Senate Bill 2575 was introduced proposing to remove “psilocybin and psilocyn from the list of Schedule I substances” and “establish designated treatment centers for the therapeutic administration of psilocybin and psilocyn.” If enacted, this bill would also require the governor to “establish and convene a psilocybin review panel to review and assess the effects of this Act.” The pa nel would be mandated to provide a report, including any proposed legislation, to the legislature each year until 2027, at which point the panel would be disbanded. On January 24th, 2022, the bill passed its first reading, and was referred to the HTH and JDC/WAM committees.
On January 26, 2022, Senate Bill 3160 was proposed to have the Hawaii Department of Health create a “therapeutic psilocybin working group to examine the medicinal and therapeutic effects of psilocybin and develop a long-term strategic plan to ensure the availability of therapeutic psilocybin or psilocybin-based products that are safe, accessible, and affordable for adults twenty-one years of age or older.” If formed, the therapeutic working group would be tasked with examining: laws and regulations related to the therapeutic use of psilocybin; available medical research pertaining to the safety and efficacy of psilocybin in treating mental health conditions; and the “requirements, specifications, and guidelines for a medical professional to prescribe and provide access to psilocybin to patients in jurisdictions where psilocybin is approved to treat mental health conditions.” On March 8, 2022, SB3160 was unanimously approved by the Hawaii State Senate and has advanced to the State House for further consideration.
On March 23, 2022, the Hawaii Senate approved two identical resolutions sponsored by Senator Chris Lee (D), SCR100 and SR88 , which requested that the Hawaii Department of Health “convene a therapeutic psilocybin working group.” However, prior to approval, the Hawaii Senate amended the resolutions making access to psilocybin and psilocin dependent on FDA approval.
On March 9, 2023 a HB1340 (along with companion bill SB1531 ) was introduced to the House by 13 primary sponsors. The Health and Human Services Committee recommended the measure be passed on March 22, 2023, followed by a similar recommendation in the Ways and Means Committee on April 4, 2023 by a unanimous vote. The bill would “establish the beneficial treatments advisory council to review, evaluate, and recommend new medicinal treatments” for psilocybin and MDMA. On March 10, 2023 Senator Chris Lee (D) introduced a bill, SCR69 titled “Requesting The Department Of Health To Establish A Beneficial Treatments Advisory Council To Review, Evaluate, And Recommend New Medicinal Mental Health Treatments.” The bill would “plan to ensure the safe, accessible, and affordable availability of therapeutic psilocybin, psilocybin—based products, and MDMA for adults ages twenty—one years old” A public hearing was scheduled on March 24, 2023 and the Health and Human Services Committee deferred the measure that day.
A House Bill would establish a state Psilocybin Advisory Board, establish psilocybin services, expunge records related to possession, and downschedule psilocybin and psilocin.
On January 28, 2020 Chicago’s Committee on Health and Human Relations heard R2019-735 an “Expression of support for adult use of Entheogenic Plants and call for hearing(s) to discuss findings from Department of Public Health on feasibility of use of Entheogenic Plants and its plant compounds as alternative treatment options.” The resolution was heard but not passed.
In November, 2022, Evanston, Illinois council member Devon Reid announced intentions to sponsor legislation in December 2022, which would decriminalize the “planting, cultivation, delivery, possession with intent to deliver, or possession of entheogenic plants and the derivative controlled substances,” making the penalty for any of the aforementioned conduct punishable by a civil fine not to exceed $100. However, the fine may be waived if the violator completes an approved rehabilitation program or performs some form of reasonable public service work. The proposed legislation notes that entheogenic plants include, but are not limited to, psilocybin, psilocyn, Lophophora williamsii, and Banisteriopsis caapi. This bill would also make the investigation or arrest of planting, cultivating, purchasing, transporting, distributing, or engaging in practices with or possessing entheogenic plants the lowest law enforcement priority. On May 1, 2023 the bill was voted down by the City Council. The Assistant City Attorney stated “We cannot change what the state has deemed a felony. We can choose to enforce it differently, meaning we could choose to make it a low-level priority for our police department, but we cannot change the fact that it is a felony.”
On January 12, 2023, Reps. La Shawn Ford (D) and Jehan Gordon-Booth (D) introduced HB0001 , the Illinois CURE (Compassionate Use and Research of Entheogens) Act. The Act would establish the Illinois Psilocybin Advisory Board within the Department of Public Health for the purpose of advising and making recommendations to the Department regarding the provision of psilocybin and psilocybin services. The Department would begin receiving applications for the licensing of persons to manufacture or test psilocybin products, operate service centers, or facilitate psilocybin services. The Act also provides for the expungement of records concerning the possession of psilocybin and psilocin, and amends the Illinois Controlled Substances Act to remove psilocybin and psilocin from the list of Schedule I controlled substances. It was referred to the Rules Committee.
On February 10, 2023, Sen. Rachel Ventura introduced legislation to amend the Illinois Controlled Substances Act. The CURE Act, SB 2353 , “[p]rovides that notwithstanding any other provision of the Act to the contrary, including the scheduling of psilocybin as a Schedule I controlled substance, the Department of Financial and Professional Regulation shall authorize the distribution of, and make publicly available, psilocybin for medical, psychological, and scientific studies, research, and other information relating to 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. Provides that the Department of Financial and Professional Regulation shall begin receiving applications for the registration of persons to perform the following: (1) manufacturing psilocybin products; (2) operating a service center; (3) facilitating psilocybin services; and (4) testing psilocybin products.”
State-level officials have begun to discuss the use of psychedelics.
The interim state study on public health, behavioral health, and human services has begun to discuss the use of psychedelics. State officials have commented on the move, with Rep Vanessa Summers stating: “If scientists are able to prove that psilocybin is effective at treating mental health disorders and help us prevent Hoosiers from dying by suicide, we as legislators have an obligation to consider legalizing a program similar to that in Oregon to help our constituents.”
SB 139, introduced on January 8, 2024, establishes the “therapeutic psilocybin research fund” administered by the Indiana Department of Health. The fund aims to offer financial assistance to research institutions in the state studying the use of psilocybin for treating mental health and other medical conditions. The bill also outlines clinical study requirements. Institutions conducting psilocybin studies are obligated to submit a report to the “interim study committee on public health, behavioral health and human services, state department, and division of mental health and addiction.” As of February 6, 2024, the bill has three primary authors and seven other co-sponsors and passed by the Health and Provider Services Committee after the third reading. On February 13, 2024, the bill was referred to the Ways and Means Committee.
Legislation has been introduced to decriminalize and legalize psilocybin, and separately to decriminalize certain psychedelics for patients with life-threatening illness.
HF459 aimed to remove psilocybin and psilocin from Schedule 1 controlled substances, but was indefinitely postponed on March 3, 2021.
HF636 was introduced February 23, 2021 and referred to the House Public Safety Committee. The bill proposes creating a Psilocybin Services Act to, in part, provide for regulated administration of psilocybin products to individuals 21 years of age and older in the state. The bill would deprioritize criminal prosecution of noncommercial activities related to entheogenic plants and compounds including ibogaine, DMT, mescaline, peyote, psilocybin, and psilocin.
HF480 was introduced February 11, 2021 and referred to Human Resources. The bill proposes decriminalizing certain schedule I controlled substances, including DMT, LSD, peyote, psilocybin, psilocyn, and MDMA, for use by certain patients diagnosed with a terminal illness or a life-threatening disease or condition.
HF240 was introduced to the House on February 8, 2023 and would remove “psilocybin and psilocyn” from the list of Schedule I controlled substances in the state. Passage was recommended by the subcommittee on February 28th, 2023.
A Revived Legislative Effort Aimed at Reducing Penalties for Certain Scheduled Substances
On January 10, 2022, Kansas lawmaker Rep. Aaron Coleman (D) introduced HB 2465 , aimed at reducing the penalty for individuals cultivating or possessing small quantities of certain controlled substances. This bill comes following a failed effort to pass similar legislation, HB 2288 , introduced by the same legislator in February 2021.
If passed, the “Legalized Homegrown Mushroom Act of 2022,” as the new bill has been named, would decriminalize the cultivation and possession of less than 50g of psilocybin or psilocin. Additionally, the bill would make possession of 50-100g of psilocybin or psilocin a civil penalty carrying a maximum penalty of a $250 fine and possession of greater than 100g woul d be reclassified as a Class C misdemeanor carrying the stiffest consequences, a maximum fine of $500 and up to one month in jail. In March 2023, the bill was referred to the Committee on Assessment and Taxation.
The State Legislature is exploring reduced penalties for controlled substance possession and ibogaine for addiction treatment.
On January 4, 2023 , HB 98 was introduced, titled “An Act Relating to Controlled Substances.” If passed, the bill would “amend possession of controlled substance statutes to reduce penalty.” It would also amend state law “to provide for referrals to treatment for persons charged with possession of controlled substances,” and “to decriminalize possession of items to test, store, or consume controlled substances.” In addition, the bill would establish a program for harm reduction centers.
On May 31 2023, Kentucky Attorney General Daniel Cameron announced that the state would take $42 million from their portion of the Opioid Settlement Fund and invest it into researching addiction treatment with ibogaine.
Legislation was introduced to legalize therapeutic use of psilocybin, but failed in committee. Separate legislation to decriminalize personal possession of scheduled drugs was rejected in July 2021.
HP 713 (LD 967) would have made possession of scheduled drugs for personal use merely a civil penalty. That legislation was rejected by the Senate 14-18 on July 1, 2021, after being approved by a 77-62 vote in the House.
SP 496 (LD 1582), originally introduced in 2021 by Sen. Donna Bailey (D), would have enacted the Maine Psilocybin Services Act, and legalized the facilitated use of psilocybin at licensed service centers, similar to Oregon’s Psilocybin Services Act. On February 8, 2022, it was voted down 8-3 by the Health and Human Services Committee, despite Sen. Bailey offering to amend it to simply establish an advisory board to study the issue and consider psilocybin in palliative care. Rep. Michele Meyer (D), co-chair of the committee, said she couldn’t support a bill until FDA approval, and agreed with concerns about recreational use.
On April 19, 2022, the Maine Senate voted to pass SP496. However, shortly thereafter, the Maine House of Representatives declined to advance the proposal. Following the proposal’s stall in the Maine House, Senator Bailey indicated in an interview with Marijuana Moment that she intends to reintroduce the proposal in the next legislative session or potentially pursue a peoples’ referendum.
LD1914 was introduced on May 9th, 2023 and would enact the Maine Psilocybin Health Access Act. Following a model similar to Oregon, this act would allow for the administration of psilocybin from licensed manufacturers, at licensed service centers under the supervision of licensed psilocybin facilitators. Additionally, this act would also decriminalize the personal possession, growing, and use of small amounts of psilocybin by persons 21 and older. As of May 22, 2023 the bill was tabled by the legislature.
The City of Portland Public Health and Human Services and Public Safety Committee unanimously advanced a resolution which would decriminalize natural psychedelics. The measure, allowing for cultivation and personal use while omitting sales, was passed by the city council by a 6 to 3 vote on October 3, 2023. This makes Portland the first city in Maine to pass a decriminalization measure.
Both chambers of the Maryland General Assembly are considering bills that would decriminalize possession of several controlled substances.
On February 4, 2022, SB 709 was introduced and assigned to the Budget and Taxation and Finance committee. The bill establishes the Post–Traumatic Stress Disorder Alternative Therapies Fund as a special, nonlapsing fund, that is not subject to § 7–302 of the state finance and procurement article. The purpose of the fund is to support the department in studying the effectiveness of and improving access to alternative therapies for post–traumatic stress disorder in veterans. “Alternative therapies” includes hyperbaric oxygen therapy and psychedelics including 3,4–methylenedioxymethamphetamine (MDMA), psilocybin, and ketamine. The bill will take effect July 1, 2022.
On February 11, 2022, HB 1367 was introduced and assigned to the Appropriations committee. The bill mirrors SB 709 and will take effect July 1, 2022.
On March 8 2022, HB 1054 , and SB0784 were introduced which both propose to decriminalize possession of different “de minimis quantities of dangerous controlled substances,” including up to “40 user units of lysergic acid diethylamide (LSD),” and up to “1 gram or 5 tablets of 3,4-Methylenedioxymethamphetamine (MDMA).” If either bill is enacted, possession of “de minimis quantities of dangerous substances” would be considered a civil offense carrying a maximum fine of $100 for a first offense, followed by a $150 maximum fine for a second offense. Third, and all subsequent offenses would result in a fine not to exceed $200. Under current laws, drug possession may carry prison terms and a fine of up to $5,000. Both bills were referred to committee later that month.
On April 8, 2022, Maryland lawmakers sent a SB0709 to the governor that would create a state fund to provide “cost-free” access to psychedelics like psilocybin, MDMA and Ketamine for military veterans suffering from post-traumatic stress disorder (PTSD) and traumatic brain injury.
On May 27, 2022, Maryland’s governor Larry Hogan (R) announced that he will allow SB0709 to take effect without his signature. The measure from Sen. Sarah Elfreth (D) passed unanimously through both chambers before being sent to his office.
Introduced February 10, 2023, HB 0927 would lower penalties for “de minimis” possession of specified levels of certain controlled substances. If passed, penalties would be reduced from criminal misdemeanors to civil fines of $100 and, in cases of people under 21, include a referral to a state-approved drug education program.
On January 24, 2024, HB 548 titled “Task Force on Responsible Use of Natural Psychedelic Substances” was introduced to the State House Health and Government Operations Committee with six sponsors. A companion bill SB 1009 was introduced to the State Senate on February 2, 2024. This bill would establish a taskforce to examine the use of natural psychedelic substances as implemented in other states such as Washington and Minnesota. The bill was scheduled for a hearing on February 21, 2024.
Personal use and possession of entheogenic plants has been made the lowest law enforcement priority in the cities of Somerville, Cambridge, Northampton, and Easthampton. Statewide legislation has been introduced to decriminalize personal drug possession, and separately to study the legalization of entheogenic plants and fungi.
On March 29, 2021, House Bill No. 1494 was introduced to establish an interagency task force to study the public health and social justice implications of legalizing the possession, consumption, transportation, and distribution of naturally cultivated entheogenic plants and fungi. It was referred to the Joint Committee on the Judiciary. On June 9, 2022 it was referred to the House Committee on Rules, accompanying study order H4844.
On the same day, March 29, 2021, House Bill No. 2119 was introduced to replace the criminal penalty for unlawful possession of certain controlled substances with “a civil fine of not more than fifty dollars or participation in a needs screening to identify health and other service needs, including but not limited to services that may address any problematic substance use and mental health conditions, lack of employment, housing, or food, and any need for civil legal services.” It was referred to the Joint Committee on Mental Health, Substance Use and Recovery. On September 22, 2022, the bill was referred to the House Committee on Rules, accompanying study order H5281.
On January 14, 2021, the city of Somerville, Massachusetts unanimously approved Agenda Item 211137 which resolved that no “city funds or resources” shall be used “to assist in the enforcement of laws imposing criminal penalties for the use and possession of entheogenic plants by adults.” It further resolved that “the investigation and arrest of adult persons for planting, cultivating, purchasing, transporting, distributing, engaging in practices with, and/or possessing entheogenic plants…shall be amongst the lowest law enforcement priority,” and called upon the District Attorney to “cease prosecution of persons involved in the use, possession, or distribution of entheogenic plants and the use or possession without the intent to distribute of any controlled substance.”
On February 3, 2021, the Cambridge City Council adopted (8-1) Policy Order POR 2021 #24 , and on March 18, 2021 Northampton City Council adopted Resolution R021.207 . Both contain language mirroring that of Somerville, although Northampton’s provisions also apply to minors.
On February 19, 2021, House member Mike Connolly introduced Bill H.1494 , an Act establishing a task force to study equitable access to entheogenic plants. The legislation calls to establish an interagency task force to study the public health and social justice implications of legalizing the possession, consumption, transportation, and distribution of naturally cultivated entheogenic plants and fungi. The task force is to file a report of its findings and recommendations no later than June 2022. On June 9, 2022, the bill was referred to the House Committee on Rules, accompanying study order H4844.
On October 20, 2021, the Easthampton City Council passed a non-binding resolution (7-0, with two abstentions) states that “the arrest of persons for using or possessing controlled substances for personal adult therapeutic, excepting Lophophora and animal-derived controlled substances” and “the investigation and arrest of persons for planting, cultivating, purchasing, transporting, distribution by caregivers, engaging in practices with, and/or possessing entheogenic plants, for the purpose of therapeutic purposes” “shall be amongst the lowest law enforcement priority.” The resolution also “calls upon the city’s officials to work in support of decriminalizing entheogenic plants and approaching all controlled substances first and primarily through the lens of public health and restorative racial justice.”
On June 13th, 2022, the Amherst City Counsel failed to pass A Resolution Protecting Adult Access to Plant Medicines & Prioritizing Public Health Responses to Controlled Substance Possession, which would have deprioritized enforcement of “possession of controlled substances by adults, except the use of endangered plants and animal-derived controlled substances.” Though the resolution did not pass, several counsel members indicated support for decriminalization, but did not view such action within the scope of their authority.
Late January, 2023, State representative Lindsay Sabadosa (D) introduced HD.1450 in the House while senator Patricia Jehlen (D) introduced SD.949 in the Senate. The text for both bills is the same, removing penalties for people over 18 years old to possess, ingest, obtain, grow, and give away, “without financial gain,” “no more than two grams of psilocybin, 8 psilocyn, dimethyltryptamine, ibogaine, and mescaline.” On February 16, 2023, both bills were referred to the Joint Committee on the Judiciary.
On March 30, 2023, HB 3574 was introduced to establish a maximum charge of $5,000 per MDMA treatment service unit for all registered MDMA service providers. This includes those who prescribe, manufacture, distribute, dispense, or otherwise provide MDMA related services. On April 13, 2023, HB 3574 was referred to the Committee for Public Health.
Also introduced on March 30, 2023 was HB 3605 , a bill calling for the Department of Public Health to establish procedures for the granting of psilocybin facilitators licenses. This bill was subsequently referred to the Committee for Public Health (also on March 30, 2023). Under the proposed licensing procedures, “[t]he minimum curriculum for a psilocybin facilitators license issued by a licensed independent training school shall be no less than 20 hours and no more than 300 hours of total training which shall include a minimum of 21 hours of in-person practicum where students facilitate and observe the facilitation of psilocybin sessions.”
On May 11, 2023, the city of Salem voted unanimously to end arrests for psilocybin. The resolution maintains that no city department “should use city funds or resources to assist in the enforcement of laws imposing criminal penalties for the use and possession of psilocybin-containing fungi by adults.”
In early July 2023, Massachusetts for Mental Health Options submitted documents to the state to open a committee exploring a ballot measure allowing access and possession of psychedelics. On August 2, 2023, Massachusetts for Mental Health Options submitted the paperwork for a ballot measure titled “THE NATURAL PSYCHEDELIC SUBSTANCES ACT.” The measure will need to submit 75,000 signatures by the beginning of 2024 to be considered valid. There are two separate versions of the initiative, one does not permit home grow options for psilocybin and ayahuasca as opposed to alternative measure. The measure allows for possession and sharing for adults over age 21 of psilocybin, psilocin, non-peyote derived mescaline, DMT, or ibogaine. Psychedelic services would also be allowed with certification and professional licensure similar to Oregon and Colorado, however, no provisions exist for expunging prior convictions related to these compounds or services.
H4712 – This bill would create a public-private working group to study the health benefits of psychedelics as treatment for veterans suffering physical or mental disorders related to their service.
On December 11, 2023, the city of Provincetown decriminalized natural psychedelic plants and fungi as the seventh city to do so in the state. The Select Board of the city also called upon state lawmakers to substitute the Natural Psychedelic Substances Act currently being proposed as a 2024 ballot measure. The suggested replacement would be a “legal[zing] plant medicine services in a straightforward manner without an unelected control commission prone to regulatory capture…”.
On February 1, 2024, H 4255 one version of the “The Natural Psychedelic Substances Act” initiative was introduced to the Massachusetts Senate and forwarded to the Special Joint Committee on Initiative Petitions. This version of the initiative would allow the cultivation of several natural psychedelics.
On February 8, 2024, the city of Medford decriminalized natural psychedelics with a resolution titled ““Resolution to Support Adult Access and Education for Plant Medicine,” introduced by Matt Fleming and Anna Callahan. Councilmember Fleming is a neuroscience researcher at Massachusetts General Hospital, he stated “legislative mistakes” occurred from previous scheduling of controlled substances. The vote was 6 to 1 in favor and also urged the state government to replace the language of the proposed 2024 psilocybin access ballot initiative as other resolutions in the state have done.
On February 12, 2024, S 1263 was accompanied by Senate bill S 2642 as an Act regulating the safe use of psilocybin at designated sites for FDA-approved pilot programs. This version omits the cultivation of natural psychedelics and establishes a “Psilocybin Treatment Advisory Board” to outline regulation, compile training, and long-term plans for psilocybin treatment.
Personal use and possession of entheogenic plants has been made the lowest law enforcement priority in the city of Ann Arbor, Detroit, Hazel Park, Ferndale and in Washtenaw County, of which it is the seat. Legislation has also been introduced to decriminalize Schedule 1 and 2 substances and legalize “Natural Plants and Mushrooms” statewide.
On September 21, 2020, the City Council of Ann Arbor, Michigan passed Resolution 20-1389 which resolved that “the investigation and arrest of persons for planting, cultivating, purchasing, transporting, distributing, engaging in practices with, or possessing Entheogenic Plants or plant compounds which are on the Federal Schedule 1 list shall be the lowest law enforcement priority,” that “city funds or resources shall not be used in any investigation, detention, arrest, or prosecution arising out of alleged violations of state and federal law regarding the use of Entheogenic Plants,” and that the District Attorney should “cease prosecution of persons involved in the use of Entheogenic Plants or plant-based compounds.”
On January 12, 2021, Washtenaw County, of which Ann Arbor is the seat, resolved in Policy Directive 2021-06 that prosecutors must no longer file criminal charges for use, possession, and cultivation of entheogenic plants, and that purchasing, transporting, and distributing them would be the lowest law enforcement priority, with a “general presumption against filing criminal charges relating to the small-scale sale or distribution.” “The Prosecutor’s Office will, however, continue to prosecute cases involving operating a motor vehicle under the influence of entheogenic plants.”
On September 2, 2021, Michigan Senators Jeff Irwin (D) and Adam Hollier (D) introduced legislation that would amend state law to decriminalize the manufacture, creation, delivery, and possession of an “entheogenic plant or fungus,” including any natural material containing DMT, ibogaine, mescaline, and psilocybin. Commercial sales would be prohibited, however the bill would permit exchange of “a reasonable fee for counseling, spiritual guidance, or a related service that is provided in conjunction with the use of an entheogenic plant or fungus under the guidance and supervision of an individual providing the service.” The legislation, SB 631 , was referred to the committee on Judiciary and Public Safety.
On September 28, 2021 the Grand Rapids City Commission adopted a resolution , which states “enforcement of laws regulating the possession and use of Entheogenic Plant and Fungi has not been a high priority for the City of Grand Rapids with very little public funds directed toward proactive investigation or prosecution of such case.” Further, the resolution specifies that the “Mayor and City Commission hereby support local, state and federal legislative efforts to decriminalize Entheogenic Plants and Fungi and plant-based compounds that are listed on the Federal Controlled Substances Schedule.”
On November 2, 2021 the voters of the City of Detroit accepted Proposal E to enact a city ordinance decriminalizing “the personal possession and therapeutic use of Entheogenic Plants by adults and make the personal possession and therapeutic use of Entheogenic Plants by adults the city’s lowest law-enforcement priority.” Entheogenic plants include “the full spectrum of plants, fungi, and natural materials and/or their extracted compounds, limited to those containing the following types of compounds: indole amines, tryptamines, and phenethylamines.”
Prop E does not decriminalize sales or distribution but requires the Detroit Police Department to cease directing resources to investigating and prosecuting Detroit residents for personal possession and therapeutic use of those substances.
On February 1, 2022, reform activists proposed a ballot initiative that would overhaul Michigan drug laws. If passed, this initiative would decriminalize possession of Schedule 1 and 2 substances. Additionally, the initiative identified psilocybin, psilocin, ibogaine, peyote, and dimethyltryptamine as “Natural Plants and Mushrooms,” which would be legal for anyone over 18 years old to cultivate, possess, use, or gift. A system of regulated sale and treatment would also be implemented. The initiative provides that entities designated by a hospital that have received a “Certificate of Need” from the Michigan Department of Health and Human Services may administer and sell “Natural Plants and Mushrooms” to patients possessing a “written recommendation” for services from a Michigan licensed physician. On June 1, 2022, activists behind the ballot initiative announced that the original target for inclusion on the ballot in 2022 has been deferred to 2024 to allow more time to gather the requisite signatures.
On March 22, 2022, the city council for the City of Hazel Park passed a resolution to decriminalize “Entheogenic Plants” which include “the full spectrum of plants, fungi, and natural materials and/or other extracted compounds, limited to those containing the following types if compounds: indole amines, tryptamines, phenethylamines; that can benefit psychological and physical wellness, support and enhance religious and spiritual practices, and can reestablish human’s inalienable and direct relationship to nature.” The resolution prohibits the use of city funds or resources to investigate, detain, arrest, or prosecute individuals found planting, cultivating, purchasing, transporting, distributing, engaging in practices with, or possessing Entheogenic Plant. However, the resolution specifically disallows “possessing or distributing these materials in schools, consumption, or usage by minors, driving under the influence of these materials, public disturbance, or commercial sales or manufacturing” of Entheogenic Plants.
On May 24, 2022, the East Lansing City Council voted 3-2 against passing a resolution , which would have made “the investigation and arrest of persons for planting, cultivating, purchasing, transporting, distributing, engaging in practices with, or possession of Entheogenic Plants” among the lowest law enforcement priorities.
On June 8, 2023, the Michigan State House introduced concurrent resolution No. 5 . The resolution urges Congress, the DoD and the VA to invest in “non-technology treatment options for servicemembers and veterans who have psychological trauma as a result of military service.” It expands on this statement and mentions utilizing psychedelics in clinical settings as a treatment option.
On September 14, 2023, legislation to legalize use, cultivation, manufacturing, and delivery of natural psychedelics was reintroduced by Sen. Jeff Irwin and referred to the regulatory affairs committee in the form of SB449.
On January 11, 2024, the city of Ypsilanti was the fifth city in the state to decriminalize natural psychedelics by unanimous vote. The language of the resolution states psychedelics “catalyze profound experiences of personal and spiritual growth” and also voices support for statewide legislation to allow non-commercial access.
Legislation has been introduced to create a task force to study and advise on legalizing certain psychedelic substances .
On February 16, 2023, Rep. Andy Smith (D) introduced HF 1884 which would establish a “Psychedelic Medicine Task Force” to study and advise on legalizing certain psychedelic substances, such as psilocybin, LSD, and MDMA. The original bill was much more expansive, and mandated the task force investigate several other psychoactive compounds. A companion bill, SF 1954, was introduced by Sen. Kelly Morrison (D) on February 20, 2023. The task force consists of 23-members who would survey existing scientific literature and compare the efficacy of psychedelic medicines to conventional drug treatments. The first report from the task force would be due by February 1, 2024. Ultimately, the psychedelic task force was included in the omnibus health bill passing the Senate 34 to 32 and passing the House 69 to 64 as of May 23, 2023. The task force remained in the budget and was signed into law by Governor Walz. An initial report was published on February 1, 2024 with a final report due by January 1, 2025.
On March 4, 2024, the state appropriations allocated a one-time expenditure of $338,000 for the 2024 fiscal year and $171,000 for the 2025 fiscal year from the general fund to cover labor costs of the Psychedelic Medicine Task Force.
On July 21, 2023, Minneapolis mayor Jacob Frey issued an Executive Order making Minneapolis the first city in the Upper Midwest to deprioritize natural psychedelics. This Executive Order makes entheogenic indolamines, tryptamines, and phenethylamine lowest law enforcement priority, including psilocybin, ayahuasca, mescaline and iboga.
Legislation has been introduced to reduce the penalties for personal drug possession and allow certain psychedelics to be used by patients with life-threatening illness.
On January 1, 2022, Rep. Michael Davis (R) filed HB 2429 , which was originally introduced February 18, 2021, as HB 1176 . If passed, this bill would expand Missouri’s Right to Try Act to no longer prohibit people with terminal or life-threatening illnesses from using substances such as MDMA, psilocybin mushrooms, LSD, DMT, mescaline or ibogaine with a doctor’s recommendation after exhausting all other approved treatment options, if they qualify as an “investigational drug.” The bill would also reduce penalties statewide for low-level possession of those drugs. The bill was referred to the Committee for Health and Mental Health Policy on March 24, 2022.
On January 18, 2022, with the introduction of HB 2469 , Rep. Peter Meredith (D) proposed to decriminalize possession of small quantities of several scheduled substances, including MDMA, LSD, and psilocybin. Passage of this bill would create a three-tiered penalty system for possession of the outlined substances. For example, the penalty for “possession of not more than…one gram of MDMA,…forty units of LSD, [or] twelve grams of psilocybin” would be changed from a class D misdemeanor to “an infraction punishable by a fine not to exceed one hundred dollars or participation in a treatment program…or both.” Possession of more than these outlined quantities would be considered either a class A misdemeanor or a class D felony depending upon the exact amount. The bill was referred to the Committee on Crime Prevention in May 2022.
On March 1, 2022, HB 2850 was introduced by Rep. Tony Lovasco (R) which proposes to legalize certain “natural medicines” including: ibogaine, psilocybin and psilocin if derived from fungi, DMT and mescaline excluding Lophophora williamsi (peyote) to treat a variety of medical conditions. The bill would also provide immunity to health care providers who recommend “natural medicines” to patients. The penalty for possession of “natural medicines” outside of the sanctioned medicinal uses would also be reduced. If enacted, possession of up to four grams of “natural medicines” would become a Class D misdemeanor carrying a maximum penalty of a $500 fine. Public hearings on the bill were completed on March 28, 2022.
On January 18, 2023, Lovasco introduced HB 869, this time limiting its scope to psilocybin only. HB 869 would allow psilocybin to be used by eligible patients, including those with treatment-resistant depression, PTSD, or a terminal illness. The administration of the drug would be by caregivers in a clinic, hospice, nursing home, or other approved location. Psilocybin would not be legal but the bill would create an affirmative defense against criminal prosecution. However, during a meeting of the House Veterans Committee on March 7, 2023, committee members did not consider the bill. Rep. Dan Houx (R) committed to working with Lovasco on a floor amendment to create a revised version of the bill that may pass.
On March 7, 2023, HB 1154 was approved by the House Veterans Committee in a 11-0 vote. The bill was previously filed by Rep. Dan Houx (R) on February 14, 2023. The bill requires the Department of Health and Senior Services to collaborate with a U.S. Department of Veterans Affairs medical center to conduct a study on the efficacy of using MDMA, psilocybin, and ketamine for the treatment of PTSD, treatment-resistant depression, substance abuse disorders, or for end-of-life care. A clinical trial for psilocybin, a scientific literature review, and various reports to the Governor would be required. If approved by the Missouri Senate and signed by the Governor, the law would take effect on August 28, 2023.
On January 3, 2024 HB 1830 and SB 768 were introduced. HB 1830 creates provisions relating to alternative therapies and SB 768 slightly modifies provisions introduced. On February 27, 2024, the Emerging Issues Committee in the Missouri House gave a “Do Pass” designation to HB 768.
HB 1830 and SB 768 establish the criteria for a “bona fide physician-patient relationship” in the context of psilocybin therapy. It outlines conditions under which individuals, aged 21 or older, suffering from specific mental health conditions or requiring end-of-life care, can acquire, use, and possess psilocybin without violating state or local laws. The proposed regulations include enrollment in clinical trials, informing the Department of Health and Senior Services, obtaining documentation from a qualified physician, and adhering to specific usage limits.
Additionally, the bill would allocate two million dollars in grants for research on the use and efficacy of psilocybin therapy for individuals meeting specific criteria, such as suffering from posttraumatic stress disorder, major depressive disorder, or substance use disorder. The Department of Health and Senior Services is required to submit annual reports on the implementation and outcomes of psilocybin use, maintaining confidentiality of collected information. Healthcare providers are protected from legal actions for providing documentation of a patient’s condition, and disclosure of information to the federal government is prohibited.
Several bills have been introduced to explore the use of psychedelics for clinical care and research.
On November 15, 2022, HB 955 was introduced to the House by Representative Jill Cohenour (D). The bill would legalize the use of psilocybin for PTSD and psychiatric care. The bill missed the Revenue Bill Transmittal on April 6, 2023.
On December 3, 2022 Montana Representative George Nicolakakos (R) introduced LC 2311 to the state legislature. The bill was titled “Interim study on the use of psilocybin for treatment of mental illness” and was placed on hold December 12, 2022.
On March 27, 2023, draft HB 1208 was delivered to the Executive Director for final review. This bill would legalize psilocybin use for the treatment of certain mental health conditions, including PTSD. HB 1208 would also establish guidelines for psilocybin cultivation, manufacturing/ packaging, and administration.
Under a State Supreme Court case, the use of certain psychedelics may be protected under the New Hampshire state constitution if it properly qualifies as a religious practice.
In The State of New Hampshire v. Mack , the New Hampshire Supreme Court on December 22, 2020 vacated the conviction of a man found guilty of possession of psilocybin mushrooms, holding that the lower court failed to properly consider that his use was part of his religious practices, as a member of the Oratory of Mystical Sacraments branch of the Oklevueha Native American Church.
To determine whether a defendant’s use of psilocybin mushrooms is a protected religious practice, the court held that New Hampshire courts must follow a “balancing test” between religious liberty (e.g., the use of psilocybin mushrooms) and government interest (e.g., a criminal law prohibiting their use). Under this test, the defendant must first establish that the law substantially burdens a religious practice, and then the government has the burden to show that its action is necessary to achieve a compelling government interest and is narrowly tailored to do so. In its ruling, the court noted that New Hampshire’s state constitution is stronger than the federal constitution in upholding religious liberty, because it expressly protects not only religious belief but also religious practices. The court remanded the case back to the trial court to apply the balancing test.
On January 5, 2022, HB1349-FN was introduced to the House and referred to the Criminal Justice and Public Safety committee. The act would have decriminalized the possession or use of a certain amount of psilocybin mushrooms by a person 18 years of age or older. On March 31, 2022 the bill was ‘laid on the table.’
First introduced January 18 2023, HB 328-FN would legalize possession and use of LSD, mescaline, psilocybin, and peyote for persons 21 years of age and older. On March 16, 2023, the bill was deemed “inexpedient to legislate.” On March 9, 2023, HB 216 was rejected and was also deemed “inexpedient to legislate.” The bill would have exempted dimethyltryptamine (DMT) from the Controlled Drug Act. A different bill, HB581-FN would have repealed the entire Controlled Drug Act and established a committee to study the necessary statutory changes to do so.
A bill passed in February 2021 reduced the penalty for possession of psilocybin for personal use.
On February 4, 2021, Senate Bill S3256 passed. The bill amended New Jersey state law solely to provide that “Possession of one ounce or less of psilocybin is a disorderly persons offense.” Such an offense is “punishable by up to up to six months imprisonment, a fine of up to $1,000, or both.” Previously, possession of any amount of psilocybin was a third-degree crime punishable by 3-5 years imprisonment and a fine of up to $35,000.
On June 23, 2022, Bill S2934 was introduced to the Senate and referred to Senate Health, Human Services and Senior Citizens Committees. The primary sponsor is Senator Nicholas Scutari (D). The “Psilocybin Behavioral Health Access and Services Act” would authorize production and use of psilocybin to promote health and wellness; decriminalizes, and expunges past offenses involving, psilocybin production, possession, use, and distribution. On January 9, 2024, S2934 was reintroduced as S2283 to the State Senate by Senator Scutari and three cosponsors. The bill has been referred to the Health, Human Services and Senior Citizens Committee. Notably, the bill decriminalizes any use for individuals handling under 4g of psilocybin.
On February 22, 2024, S2283 was reintroduced as A3852. The proposed legislation, known again as the “Psilocybin Behavioral Health Access and Services Act,” aims to establish a comprehensive framework for the regulated production and utilization of psilocybin within the context of behavioral health care and preventative behavioral health treatment.
The bill seeks to decriminalize the production, dispensing, and usage of psilocybin by individuals aged 21 and above. It maintains the personal use decriminalization of under 4g of psilocybin. Additionally, it includes provisions for expunging past and pending offenses related to the authorized conduct involving psilocybin as outlined in the proposed legislation.
The primary sponsors of this bill are Clinton Calabrese (D) and Herb Conaway (D). Following its reintroduction, the bill has been referred to the Assembly Health Committee for further consideration.
Growing fresh psilocybin mushrooms is not illegal drug “manufacturing” following a State Court of Appeals case.
In a 2005 decision, State of New Mexico v. Pratt , the Court of Appeals reversed a drug trafficking conviction, holding that “the act of growing mushrooms” alone was not the “manufacture” of a controlled substance. However, intent to manufacture and distribute mushrooms is still a felony, and “manufacture” “includes any packaging or repackaging of such substance or labeling or relabeling of its container.”
HB393 was introduced in the New Mexico House on March 1, 2023 by Reps. Christine Trujillo, Kristina Ortez, Joy Garratt, and Willie D. Madrid. It would create a Psilocybin Advisory Group to study and report on the feasibility of establishing a program that would use psilocybin-derived products to treat patients with certain mental health or substance use disorders in a clinical setting. This includes implementation of a regulatory framework for the cultivation, manufacture, and dispensing of psilocybin-derived products for therapeutic use. It also includes establishment of treatment guidelines for the use of psilocybin-derived products, alongside patient selection, training, and certification. It would also monitor the establishment of similar programs in other states, including legal and regulatory issues. Overseen by the Department of Health, the specified report would be due by December 1, 2025. HB393 was not brought to a vote and died pending in the House Appropriations and Financing Committee.
On February 6, 2024, SM 12 was introduced to the New Mexico Senate with four cosponsors; Republicans Craig Brandt and Stefani Lord, and Democrats Jeff Steinborn and Elizabeth Thomson. The objective of the bill requests the Department of Health to study psilocybin mushrooms and explore the establishment of a therapeutic medical program. The bill mentions the high rates of drug overdose in New Mexico with psilocybin as a potential solution, as well as psilocybin research conducted at the University of New Mexico. On February 14, 2024, the bill was passed unanimously out of the Senate and signed into law by Gov. Michelle Lujan Grisham.
Legislation has been introduced to create a medical psilocybin program, to provide $2 million for psilocybin treatment of veterans and first responders, and to establish a public psychedelic research institute and research program. Separate decriminalization bills also have been introduced .
On December 13, 2021, Bill No. A8569 was introduced by Assemblymember Pat Burke (D), with the purpose of creating “psilocybin service centers to provide innovative treatment options for ailments such as PTSD, depression, alcohol dependency, anxiety, among others.” The bill would create a system for “Medical Use of Psilocybin,” similar to the one authorized in Oregon under Measure 109. Additionally, the bill would “create a $2 million fund for veterans, firefighters, police officers, and EMS workers who can apply for financial support towards treatment.”
An earlier bill, No. A7928 , was introduced by Assemblymember Linda B. Rosenthal on June 1, 2021 and referred to the Health Committee. This bill would establish a public psychedelic research institute and a psychedelic substances therapeutic research program.
Rosenthal has also sponsored an Assembly bill to decriminalize psilocybin—introduced first during the 2019-2020 legislative session, on April 15, 2020 ( A10299 ); and again during the 2020-2021 legislative session, on March 8, 2021 ( A6065 ). Neither has left the Health Committee, where each was first referred.
Another bill, introduced during the 2020-2021 legislative session in both the Assembly ( A7109 ) and the Senate ( S1284 ), would eliminate criminal and civil penalties for possession of controlled substances, and establish a drug decriminalization task force to develop recommendations for legal reform “with the stated goal of treating substance use disorder as a disease, rather than a criminal behavior.”
On October 3, 2022, Assemblymember Linda B. Rosenthal reintroduced a heavily revised version of bill (A6065), which would have decriminalized psilocybin. The revised version of bill A6065 would remove state and local prohibitions on the “possession, use, cultivation, production, creation, analysis, gifting, exchange, or sharing by or between natural persons of twenty-one years of age or older of a natural plant or fungus-based hallucinogen,” including DMT, ibogaine, mescaline, psilocybin, and psilocyn. Additionally, this bill would authorize “supervision, guidance, peers engaging in risk mitigation, religious, spiritual, or related supportive services with or without remuneration, by natural persons of twenty-one years of age or older to natural persons of twenty-one years of age or older who are engaging in the intentional and consenting use of natural plant or fungus-based hallucinogens.” The bill would also direct state and local law enforcement to refrain from assisting or cooperating with the government of the United States in the enforcement of the Controlled Substances Act relating to activities authorized under the bill, except as pursuant to a valid court order.
On January 4, 2023, Assemblymember Rosenthal (D), along with Jo Anne Simon (D) and Karines Reyes (D), introduced bill A00114 , which was referred to the health committee. A00114 would legalize “adult possession and use of certain natural plant or fungus-based hallucinogens,” specifically psilocybin, psilocin, DMT, ibogaine, and mescaline (except from peyote), and would grant “certain protections for individuals lawfully using such hallucinogens,” including losing professional licenses or employment, being denied mental health services, or being prosecuted for child abuse or neglect, based on such use. A00114 would additionally permit the “provision of supervision, guidance, peers engaging in risk mitigation, religious, spiritual, or related supportive services with or without remuneration.” The bill would also prevent NY State and local law enforcement agencies from cooperating with or assisting the federal government in enforcing the federal CSA for actions permitted under NY State law.
On January 31, 2023 Senator Nathalia Fernandez introduced S 3520. The bill “Relates to medical use of psilocybin; establishes a psilocybin assisted therapy grant program; makes an appropriation therefor.” It was referred to the Finance Committee with no further action taken.
On December 20, 2023, S7832 was introduced by Senator Nathalia Fernandez into the New York Senate and forwarded to the Rules Committee. The bill establishes a “psilocybin assisted therapy program” with a narrow application for veterans and first responders under supervision of a facilitator which is defined as medical professionals. The bill also requires a report on the program submitted to the governor and legislature every other year.
Legislation has been introduced to decriminalize psilocybin and promote research of MDMA and psilocybin .
On March 09, 2023, lawmakers in Nevada introduced SB 242 which would decriminalize “the possession, use, consumption, cultivation, manufacturing, growing, harvesting, preparation, compounding, conversions, handling, transportation, administrations, sharing, giving away, testing or delivery of 4 ounces or less of fungi that produces psilocybin or psilocin” for individuals 18 years of age or older. Additionally, SB 242 would establish “procedures for a research facility to obtain approval … to conduct certain studies” involving MDMA and psilocybin and would allow “certain conduct by persons who are 18 years of age or older involving psilocybin and MDMA if conducted in connection with and within the scope of an approved study.” The bill was referred to the Committee on Finance in April 2023 and was scaled back from the original proposal to fully legalize psilocybin fungi. It passed the Senate 16-4 and the Assembly in a unanimous 40-0 vote on June 4, 2023 .
Legislation would research MDMA and psilocybin treatment for several different populations.
HB 727 was introduced on April 18, 2023. This bill would establish the Breakthrough Therapies Research Grant Fund, awarding $2.5M in total to qualifying research projects. Grant funds under HB 727 must be used to conduct research in the State on the use of either MDMA or psilocybin. Further, qualifying MDMA research must be concentrated on treating PTSD in veterans, first responders, frontline healthcare professionals, or victims of domestic violence and/or sexual assault. Qualifying psilocybin research must be concentrated on treating anxiety or depressive disorders and must also measure pain outcomes.
Legislation to reduce penalties for possession failed to reach a floor vote.
SB 3 would have reformed drug sentencing laws by reducing penalties from felonies to misdemeanors for certain drug possession convictions and by diverting certain offenders to treatment instead of prison. The bill was never brought up for a final floor vote.
In January 2022 State Representatives Logan Phillips (R) and Daniel Pae (R) introduced two bills that would promote scientific research into psilocybin-assisted therapy and help foster new clinical trials.
Introduced by Rep. Phillips, HB 3174 would create a clear pathway for “academic medical centers” and physicians licensed in Oklahoma to obtain certification to conduct clinical trials using psilocybin. The bill specifies that only veterans aged 18 or older suffering from various forms of mental illness may participate in the clinical trials.
Sponsored by Rep. Pae, HB 3414 also proposes increasing psilocybin research but provides an alternative approach which would allow anyone over 18 suffering from a list of specified conditions to participate in clinical trials. Additionally, this bill would decriminalize possession of small quantities of “psilocybin- or psilocin-containing fungi or plants,” making possession of less than 1.5 ounces, or approximately 42.5 grams, punishable by a civil penalty of $400 or less. On March 7, the republican-controlled House of Representatives voted overwhelmingly, 62-30, to pass the legislation, following which the bill moved to the Oklahoma Senate. On April 11, 2022, the Oklahoma Senate Committee on Health and Human Services voted in favor of passing HB 3414 after amendment . The committee amendment to HB 3414 removed the provisions that would have decriminalized possession of “psilocybin- or psilocin-containing mushrooms.”
February 2023, Daniel Pae (R) introduced HB 2107, to remove the threat of legal prosecution for researchers conducting studies and clinical trials using psilocybin to treat conditions like PTSD, depression, traumatic brain injury, chronic pain, and opioid use disorder, among others. After second reading, the bill was referred to the Health and Human Services Committee and then to the Appropriations Committee in late March 2023.
In November 2020, Oregon became the first state to legalize psilocybin-assisted therapy, and to decriminalize the personal possession of drugs.
Measure 109, the Oregon Psilocybin Services Act , directs the Oregon Health Authority (OHA) to license and regulate the manufacturing, transportation, delivery, sale and purchase of psilocybin products and the provision of psilocybin services. A two-year development period is allowed for from January 1, 2021 to December 31, 2022, during which the OHA will work with the Oregon Psilocybin Advisory Board to establish rules and regulations implementing Measure 109 and the use of psilocybin products and services. Applications related to the manufacture, sale and purchase of psilocybin products and the provision of psilocybin services will be accepted starting on January 2, 2023. (For more information on Measure 109 opt-outs across Oregon, see the Measure 109 Local Jurisdiction Tracker.)
Measure 110, the Drug Addiction Treatment and Recovery Act , went into effect on February 1, 2021. It reclassified personal possession of small amounts of drugs as a civil violation with a $100 fine, which can be avoided if the person agrees to seek treatment. For possession of slightly larger amounts of some drugs, the penalty was reduced from a felony to misdemeanor possession. Treatment services are to be funded by marijuana tax revenue. Criminal penalties still apply for commercial drug activities and possession of larger amounts.
Introduced in January 2022 by state lawmakers, SB 1580 would create a task force to investigate and make recommendations about how to address issues related to equity and access to psilocybin service under Oregon’s burgeoning psilocybin services program. The task force is charged with making recommendations about a variety of equity and access topics including how to address barriers keeping people of color and people who are low income from participating in Oregon’s burgeoning psilocybin services program as business owners, facilitators, or clients. If this bill is enacted, the task force would be required to report their findings no later than November 1, 2022. This bill was placed in committee upon adjournment in March 2022 with no further movement.
On January 1, 2023, HB 2831 was introduced to the legislature. The purpose of the bill would be to repeal Measure 110 which had previously decriminalized substance possession in the state. A second bill HB 3549 would have reinstituted criminal penalties for possession of controlled substances.
SB 303 was introduced by the Senate on January 9, 2023. The bill allows for the collection of aggregate data from licensed psilocybin service centers, and forward this information to the Oregon Health Authority and Oregon Health and Science University. All aggregated data would be made publicly available. Clients could also request their information be kept confidential. On May 23, 2023 the bill had been passed by both chambers, SB303 was signed by Governor Kotek on June 6, 2023.
Legislation has been introduced to promote research into the therapeutic potential of psilocybin mushrooms for PTSD and other mental health conditions.
On October 12, 2021, the Public Health Benefits of Psilocybin Act ( HB 1959 ), was introduced by Rep. Tracy Pennycuick (R) and 21 other co-sponsors , and referred to the Health Committee. A co-sponsorship memorandum with Rep. Jennifer O’Mara (D) explains the legislation would “authoriz[e] clinical study of the efficacy and cost/benefit optimization of psilocybin-assisted therapy in the treatment of PTSD, traumatic brain injury and various mental health conditions, with prioritization of funding and treatment for veterans, first responders, and their families.” For purposes of the study, the legislation would also “authorize limited cultivation of psilocybin under the authority of state law.” The law passed in Texas on June 18, 2021 ( HB 1802 ) was noted as a model. HB 1959 was referred to the Health Committee in October 2021.
On March 16, 2022, HB 2421 (previously HB 1959 ) was introduced by Rep. Tracy Pennycuick (R) and referred to the Health committee. The Psilocybin Data Act provides for research and clinical studies of psilocybin and psilocybin-assisted therapy. The act provides a framework for research to discover innovative methods to optimize the public health benefits of psilocybin. During the beginning of the 2023 session, Rep. O’Mara and Rep. Pennycuick expressed an intent to reintroduce the prior psilocybin mental health treatment bill with some changes. This iteration of the bill would prioritize studies on military veterans while removing the provision authorizing psilocybin cultivation in hopes of passing it through the House Health Committee.
Legislation has been introduced to decriminalize minor drug possession.
On March 11, 2021, Senate Bill 604 was introduced. The bill would decriminalize minor drug possession, instead making it a civil violation punishable by a $100 fine, and the possibility of drug counseling and community service. Currently, possession is punishable by up to three years imprisonment and a $5,000 fine. On March 25, 2021, the Judiciary Committee recommended the bill be held for further study.
On March 2, 2022, HB7715 was introduced proposing to build upon Rhode Island’s existing marijuana decriminalization policy by decriminalizing possession of psilocybin and buprenorphine. If passed, possession of up to one ounce of “buprenorphine, psilocybin and the substance classified as marijuana” would be exempted from criminal penalties associated with possession of scheduled substances. While “the substance classified as marijuana” is currently exempt from criminal penalties, possession of up to one ounce is considered a civil offense carrying a $150 fine and requiring forfeiture of the substance. However, as currently proposed, possession of up to one ounce of “psilocybin” or “buprenorphine” would not carry any civil penalty under this bill.
Additionally, HB7715 would allow “a practitioner in good faith and in the course of his or her professional practice” to “prescribe, and dispense psilocybin as a therapeutic.” Additionally, the Director of Health would be empowered to promulgate necessary rules and regulations to allow practitioners to prescribe psilocybin as a therapeutic in accordance with this bill. On April 13, 2022, the Committee recommended the bill be held for further study.
On March 4, 2022, another bill proposing to decriminalize possession of certain drugs, HB 7896 , was introduced. If enacted, this bill would decriminalize possession of up to one ounce of any “controlled substance classified in schedules I, II, III, IV, and V, except the substance classified as fentanyl.” Possession of up to one ounce of these controlled substances would result in a $100 fine for a first offense, and up to $300 for subsequent offenses. The committee recommended this bill also be held for further study on April 13, 2022.
HB 5923 (the Uniform Controlled Substances Act) was introduced on March 1, 2023. If passed, the bill would “[amend state] law on controlled substances to permit a person to possess less than 1 ounce of psilocybin and would allow psilocybin to be cultivated at a person’s residence for personal use.” The bill further stipulates that: 1) Should the FDA reschedule psilocybin, “the Rhode Island department of health will establish rules and regulations pertaining to cultivation, distribution and medical prescription,” and 2) Should the FDA reschedule psilocybin, “the Rhode Island department of health will establish rules and regulations pertaining to cultivation, distribution and medical prescription.” The bill died in the Senate Judiciary committee following its referral on June 12, 2023.
On June 6, 2023, HB 5223 was passed out of the House Judiciary committee with a 12 to 2 vote in favor. The bill was amended with a sunset clause set for July 1, 2025 requiring the State AG to submit a report with the number of issued violations of psilocybin possession, cultivation and distribution laws.
HB 7047 entitled “Uniform Controlled Substances Act” was introduced on January 5, 2024, mirroring HB 5923 which died in 2023. If passed, it would amend “the current law on controlled substances to permit a person to be in possession of less than one ounce of psilocybin and permits psilocybin to be securely cultivated within a person’s residence for personal use.” The bill further stipulates that: 1) Should the FDA reschedule psilocybin, “the Rhode Island department of health will establish rules and regulations pertaining to cultivation, distribution and medical prescription,” 2) Should the FDA reschedule psilocybin, “the Rhode Island department of health will establish rules and regulations pertaining to cultivation, distribution and medical prescription,” and 3) Should the FDA expand its access program, “patients with a serious or life-threatening mental or behavioral health disorder, who are without access to effective mental or behavioral health medication, may have access to psilocybin at locations in Rhode Island approved by the Rhode Island department of health.”
On February 1, 2024 it was recommended the measure be held for further study. A bill held for further study is indefinitely postponed. It can be considered again by the committee, but if the committee takes no further action, the bill is dead.
A bill passed in June 2021 calls for a working group to study the therapeutic use of certain psychedelics.
On June 18, 2021, HB1802 became law. It will be in effect from September 1, 2021 until it expires September 1, 2023. The bill calls for a study led by the Department of State Health Services to evaluate the therapeutic efficacy of alternative therapies including MDMA, psilocybin, and ketamine for the treatment of specific mental health and medical conditions including depression, anxiety, PTSD, bipolar disorder, chronic pain, and migraines. The department will evaluate and compare the efficacy of these novel treatments with current treatments, and prepare and submit a report by December 1, 2022. $1.4 million was allocated to directly fund a clinical trial of psilocybin to treat PTSD in veterans.
On March 9, 2023 Representative Richard Peña Raymond (D) filed HB4288 . This bill would conduct studies on alternative therapies for PTSD, particularly MDMA, psilocybin and ketamine in veteran populations. It was read before the House and referred to the Public Health Committee on March 21, 2023.
On March 21, 2023 Representative Josey Garcia (D) introduced HB 4423 . The bill would establish a psilocybin research council. The council would advise the use of appropriating funds for research on psilocybin in the context of psychiatric and neurological disorders.
On March, 22 2023 Representative Julie Johnson (D) introduced HB4561 , titled “Relating to the establishment of the Alternative Mental Health Therapy Research Consortium…” The consortium would establish a program to allow ketamine clinics in the state and “evaluate the efficacy of using alternative therapies, including the use of ibogaine and 5-MeO-DMT, to treat veterans who suffer from post-traumatic stress disorder, depression, and mild traumatic brain injury.” A report would be due by December 1, 2024.
A bill passed in March creates a task force to investigate the therapeutic benefits of psychedelics.
On January 17, 2022, House Bill 167 was introduced by Utah State Rep. Brady Brammer (R). This bill proposed the creation of a task force charged with “provid[ing] evidence-based recommendations on any psychotherapy drug that the task force determines may enhance psychotherapy when treating a mental illness.”
On March 22, 2022, Utah Governor Spencer Cox signed 64 bills into law, including HB167, which created the Mental Illness Psychotherapy Drug Task Force. The passage of this bill does not legalize or decriminalize any psychedelic compounds for medical or recreational use, instead it will position state law makers to be able to thoughtfully reconsider the role of certain scheduled compounds in mental health treatment. The legislation requires the task force to provide a written report of their findings to the Utah State Legislature’s Health and Human Services Interim Committee by October 31, 2022. The task force’s recommendations may pave the way for future legalization efforts.
On February 9, 2023 SB200 was introduced to the Senate. The bill would legalize psilocybin therapy for those over the age of 21 in the context of certain psychiatric diagnoses. It would also provide for the state regulation of psilocybin production and therapy. It was filed in the Senate on March 3, 2023 as “bills not passed”.
Legislation has been introduced to decriminalize certain entheogenic plants and fungi, and separately to decriminalize personal use and possession of certain scheduled drugs.
On February 23, 2021, House Bill H.309 was introduced and referred to the Judiciary Committee. The bill would decriminalize compounds found in plants and fungi that are used for medicinal, spiritual, religious, or entheogenic purposes, including psilocybin, psilocin, mescaline, peyote, DMT, and ibogaine.
On March 10, 2021, House Bill H.422 was introduced and referred to the Human Services Committee. The bill would decriminalize possession of “personal use supply” of certain drugs, in an amount to be determined by a Drug Use Standards Advisory Board established within the Department of Health—based on what is “commonly possessed for consumption by an individual for any therapeutic, medicinal, or recreational use,” and with the goal of preventing and reducing the criminalization of personal drug use. Possession of drugs under such amounts would be a civil violation subject to a fine of up to $50 or a referral to a substance use screening and health service. Currently, personal possession carries criminal penalties of up to three years in prison and up to $75,000 in fines.
On January 14, 2022, House Bill H.644 was introduced and referred to the Judiciary Committee. This bill is an act relating to decriminalization of a personal use supply of a regulated drug. The bill proposes to change the penalties for possession of a personal use supply of drugs from a misdemeanor or low-level felony to a civil offense subject to a $50.00 penalty. A person cited for such an offense may avoid paying the penalty by agreeing to participate in a screening for substance use disorder treatment and related services. The bill would also establish the Drug Use Standards Advisory Board for the purpose of determining the benchmark personal use dosage and the benchmark personal use supply for regulated drugs with a goal of preventing and reducing the criminalization of personal drug use. If the bill is passed, sections 5-14 will take effect on January 1, 2024.
Vermont House Bill 439, “An act relating to decriminalizing certain chemical compounds found in plants and fungi that are commonly used for medicinal, spiritual, religious, or entheogenic purposes,” sponsored by Representatives Cina, Troiano, Buss, Farlice-Rubio, Headrick, Hooper, LaMont, McCann, Priestley, Sammis, Small and Templeman. VHB 439 would remove the following from the definition of “Hallucinogenic Drugs”: mescaline, peyote and psilocybin from definition of “Hallucinogenic Drugs”; and, would remove the following from the definition of “Regulated Drug”: peyote, ayahuasca, mescaline, psilocybin, psilocin, ibogaine; N,N-dimethyltryptamine; or any plants or fungi containing mescaline, psilocybin, psilocin, ibogaine; N,N-dimethyltryptamine. These definitional changes would (a) remove the foregoing substances from the (a) criminal prohibition contained at Section 4205 and (b) the criminal penalties contained at Section 4235, of Title 18, Chapter 84: Possession And Control Of Regulated Drugs. Read for the first time and referred to the Committee on Judiciary, March 1, 2023. Proposed Effective Date: July 1, 2023
H.371 was introduced to the legislature and heard before the House Judiciary Committee on February 24, 2023. This bill would decriminalize psilocybin possession and distribution in addition to establishing a work group to investigate its therapeutic potential. This also joined bills S.119 and H.423 which would launch safe supply services run by the Vermont Department of Health.
S.114 was introduced on March 1, 2023. “This bill proposes to make findings regarding the therapeutic benefits of psilocybin, to remove criminal penalties for possession of psilocybin; and to establish the Psychedelic Therapy Advisory Working Group to 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.”
S.300 was introduced into the State Senate on January 18, 2024 and referred to the Judiciary Committee. S.300 is described as “An act relating to funding support services for persons who use drugs and eliminating misdemeanor criminal penalties for possessing or dispensing a personal use drug supply”. This would encompass “Hallucinogenic drugs” including “mescaline or peyote, lysergic acid diethylamide, and psilocybin, and all synthetic equivalents of chemicals
A pending House Bill would permit psilocybin to be prescribed by a health care practitioner to treat refractory depression or PTSD or to ameliorate end-of-life anxiety, and would prohibit prosecution of health care practitioners and pharmacists for dispensing or distributing psilocybin for such purposes. A pending Senate Bill would establish a state Psilocybin Advisory Board to ensure “that psilocybin services will become and remain a safe, accessible, and affordable therapeutic option for all persons 21 years of age and older in Virginia.”
On January 11, 2022, SB 262 was introduced by State Senators Ghazala Hashmi (D) and Jennifer Boysko (D) to decriminalize possession of psilocybin and psilocin and referred to the committee on the Judiciary. The bill provides that any person 21 years of age or older who knowingly or intentionally possesses psilocybin or psilocyn shall be punished by a civil penalty of no more than $100 and such civil penalties shall be deposited into the Drug Offender Assessment and Treatment Fund. Under current law, a person who knowingly or intentionally possesses psilocybin or psilocyn is guilty of a Class 5 felony. On January 31, 2022, the Senate Judiciary Committee voted to change the status of the bill to “passed by indefinitely” . The committee may reconsider the legislation at a later meeting but if the committee takes no further action, the bill is dead.
Additionally, on January 12, 2022, State Representative Dawn Adams (D), a nurse practitioner, introduced HB 898 which called for the decriminalization of peyote and ibogaine possession in addition to psilocybin and psilocin. If passed, this bill will reduce the penalty for possession of psilocybin, psilocin, ibogaine and peyote for individuals aged 21 and over from a Class 5 felony to a civil offense carrying a maximum $100 fine. Similar to SB 262, HB 898 also provided that “any civil penalties collected” for possession of the named scheduled substances “shall be deposited into the Drug Offender Assessment and Treatment Fund.” This fund would be used by the state assembly to support various treatment programs for individuals struggling with substance abuse. On January 24, 2022, HB 898 was shelved for the legislative session.
On January 11, 2023, Rep. Adams (D) introduced HB 1513 , which would allow possession of psilocybin pursuant to a valid prescription by a health care practitioner in the course of professional practice for treatment of refractory depression or PTSD or to ameliorate end-of-life anxiety. The bill would prohibit prosecution of health care practitioners or pharmacists for dispensing or distributing psilocybin for such purposes. The bill would also make possession of psilocybin without a valid prescription a Class 2 misdemeanor punishable by no longer than 30 days in jail and no more than a $500 fine. It was referred to the Committee for Courts of Justice. On January 18, 2023 the House subcommittee recommended the bill be laid on the table, and in February 2023, the bill was left in the Courts of Justice.
Also on January 11, 2023, SB 932 was introduced by Sens. Hashmi and Boysko, and would establish a Virginia Psilocybin Advisory Board to “develop a long-term strategic plan for establishing therapeutic access to psilocybin services and monitor and study federal laws, regulations, and policies regarding psilocybin.” The Advisory Board would be constituted of 12 non-legislative citizen members to be appointed by the Governor and would report annually to the Governor and General Assembly. The bill would also reclassify psilocybin under the state Drug Control Act from a Schedule I to a Schedule III controlled substance. It was referred to the Committee on Education and Health. On February 7, 2023, SB 932 was read a third time and passed in the Senate 25 to 15 .
Effective July 2021, penalties for personal use and possession of scheduled drugs have been reduced in the state, for a period of two years. The Psilocybin Wellness and Opportunity Act is pending before the legislature and would legalize supported adult use of p
January 5, 2022, Washington lawmakers introduced SB 5660 , a bill that would legalize the supported adult use of psilocybin by people 21 years of age and older. Similar to Oregon’s Psilocybin Services Act, passed by voter ballot initiative under Measure 109 in 2020, the Psilocybin Wellness and Opportunity Act would enable the Washington Department of Health to issue licenses to psilocybin manufacturing facilities, testing labs, service centers, and facilitators. It would also create the Washington Psilocybin Advisory Board to advise the Department on creating rules for the Act’s implementation. Despite bipartisan interest in SB 5660, the bill failed to make it out of committee, though lawmakers are said to be likely to attempt similar reform measures soon.
Washington drug policy reform has been a hot topic in recent history, especially in relation to psychedelics:
February 25, 2021 in the case of State v. Blake the Washington Supreme Court briefly decriminalized drug possession by judicial decree, declaring felony criminal penalties for knowing or unknowing possession of controlled substances to be unconstitutional.
In response, Washington’s legislature overhauled the state’s drug possession statutes. Effective July 25, 2021, SB 5476 encourages law enforcement officers and prosecutors to divert first- and second-time possession offenders to assessment, drug treatment, and services. The law reduces the penalty for possession of a controlled substance to a misdemeanor rather than a felony. The penalty provisions expire after two years, giving lawmakers time to review the effects of the new policy.
October 4, 2021 Seattle City Council passed Resolution 32021 declaring that the investigation, arrest, and prosecution of anyone engaging in entheogen-related activities “should be among The City of Seattle’s lowest enforcement priorities.” The resolution affirmed the Seattle Police Department’s existing enforcement practice to neither detain nor arrest individuals solely for suspected violations or for mere possession. The resolution also states the Council’s support for full state-wide decriminalization of certain entheogen-related activities.
Although the resolution expressed strident support for reduced enforcement policies, it did not alter existing city ordinances, municipal codes, nor did it legalize any controlled substances.
December 20, 2021, the City Council of Port Townsend, Washington unanimously approved Resolution No. 21-088, incorporating various additional comments and edits proposed by the Port Townsend Psychedelic Society. The resolution declares that “The investigation, arrest, and prosecution of adults engaging in entheogen related activities, including but not limited to the cultivation, gathering, and sharing of entheogens for use in religious, spiritual, healing, or personal growth practices, should be among the lowest enforcement priorities for the City of Port Townsend when done in a nonpublic place.” Additionally, the resolution goes on to forbid, “when reasonably possible,” all city departments, agencies, boards, commissions, officers or employees of the city, including without limitation, Port Townsend Police Department, from using any city funds or resources to assist in the enforcement of laws imposing criminal penalties for the planting, cultivating, gathering, transporting, distributing, possessing, or using entheogens by adults. The resolution explicitly excludes the distribution and use of entheogens to anyone under the age of eighteen.
March 10, 2022, the Washington state legislature sent a state budget bill, SB 5693, to the governor’s desk that included a proposal to direct $200,000 in funding to support a new workgroup to study the possibility of legalizing psilocybin services in the state, including the idea of using current marijuana regulatory systems to track psychedelic mushrooms. The proposed budget became effective on March 31, 2022. The work group will receive $50,000 of funding for FY 2022 and the remainder for FY 2023. A final report on the group’s findings must be submitted by December 2023.
On January 11, 2023, SB 5263 was introduced before the Washington Senate. On March 7, it passed in the Senate and was referred to the House. The law would direct the Department of Health (DoH) to administer a regulatory system for supported adult-use of psilocybin, beginning January 1, 2024. DoH would be tasked with creating standards for manufacturing, testing, packaging, and labeling psilocybin products with the assistance of a Psilocybin Advisory Board and other state agencies. Persons over the age of 21 would be able to purchase psilocybin products in a psilocybin service center and undergo a preparation session, administration session, and integration session under the supervision of a trained and qualified facilitator. A substitute to SB5263 was signed by the Governor on May 9, 2023 providing $1.4 million in pilot project funding for two years, going into effect on July 7, 2023. The pilot project remains limited to veterans and first-responders being treated with psilocybin. Governor Inslee partially vetoed aspects of the bill, which included an interagency workgroup between the DoH and other state officials.
On May 2, 2023, Jefferson County became the first county in the state to decriminalize psychedelic plants as “lowest law-enforcement priority”. This includes “psilocybin mushrooms, ayahuasca and cacti containing mescaline.”
Legislation that would have descheduled certain drugs died in committee.
On March 12, 2021 HB 3113 proposed removing certain substances from schedule I of the Uniform Controlled Substances Act, including psilocybin. The bill made it as far as Health and Human Resources before the Legislature adjourned without assigning a future date for a meeting or hearing.
On January 24, 2023 HB 2951 was introduced to the House by Delegate Kayla Young. The bill would remove the Schedule I status of several drugs from the Code of West Virginia including THC and psilocybin .
Introduced on January 10, 2024, by Delegate Kayla Young, HB 4473 seems to echo the intentions of HB 2951 from the previous year. This bill seeks to eliminate the Schedule I status of various drugs in the Code of West Virginia, including THC and psilocybin.
