You’re not tripping: State and local leaders give psychedelics another chance

On Jan. 14, 1967, San Francisco’s Golden Gate Park hosted a “Be-In,” an afternoon event that launched the Summer of Love, the nation’s introduction to hippie culture. Along with bands like The Jefferson Airplane and The Grateful Dead, the 30,000 hippies there heard from Harvard University psychology professor and LSD advocate Timothy Leary, who described a better inner life and culture available through psychedelics. 

"Turn on, tune in, drop out," he said.

The 1960s and ‘70s was a time of freedom and experimentation for many young people. They marched for flower power, had a taste for new music like acid rock, and donned bell bottoms, granny dresses, go-go boots and love beads. They also tried new drugs, experimenting  with psychedelics like LSD and magic mushrooms to induce mind-expanding experiences.

But before long, the drugs at the heart of the subculture were brought to heel. Cannabis and psychedelics were classified as Schedule I drugs, making it illegal to possess and sell them. They were also effectively banned from medical research because obtaining the necessary licensure and grant funding required sometimes took more than a decade.

Fast forward 50 years, and psychedelics are getting another look. 

Several studies suggest psychedelics, such as magic mushrooms, can help treat mental health conditions like depression associated with terminal illness and post-traumatic stress disorder, or PTSD. A 2022 study, for instance, found that psilocybin substances in combination with therapy could alleviate individuals’ symptoms of depression for at least a year.

Last week, federal lawmakers approved the use of psychedelics for clinical trials looking to study whether the substances can help active duty service members with PTSD. Under the National Defense Authorization Act, service members working with a therapist can consume the substance in a supervised setting so researchers can better understand psychedelics’ impact on mental health disorders. 

In June, the Food and Drug Administration issued a draft guidance for conducting psychedelic-related clinical trials, a move indicative of policymakers’ bubbling interest in the psychoactive substance. 

But it’s not just the feds exploring the benefits of psychedelics. A growing number of state and local officials are also supporting policies that decriminalize or expand allowance of psychedelic goods and services.

“The media attention to the clinical research [on psychedelics] has piqued the interest of policymakers as well as the public,” said Beau Kilmer, a senior policy researcher at RAND Corporation. And with mental health becoming a growing priority for governments, it is likely more states and localities will open legal avenues for the use, distribution and possession of the substances.

Denver decriminalized the use and possession of psilocybin mushrooms when residents in 2019 voted in favor of a ballot initiative making psychedelics the “lowest law enforcement priority.” 

Since then, more than 20 cities across the U.S. have eased the enforcement of antidrug laws related to psychedelics. Massachusetts leads the nation in the number of cities—seven—that have deprioritized psychedelics for law enforcement. The latest to do so is Provincetown, after the Provincetown Select Board approved a resolution directing police officers to deprioritize cases involving psilocybin. It also requests an end to the prosecution of individuals who possess, cultivate or distribute the substances. 

At the state level, Massachusetts could include a measure on its 2024 ballot that would allow adults 21 or older to consume psychedelics at licensed supervision facilities. If passed, the measure would also allow adults to grow psychedelic substances at home and distribute them to other adults. Plus, it would decriminalize the possession of certain amounts of substances like psilocybin, ibogaine and mescaline. The secretary of state’s office is currently verifying signatures on the petition to get the initiative on the ballot, which the Massachusetts for Mental Health Options campaign submitted earlier this month. 

Advocates in California are also trying to get psychedelics on the 2024 ballot. A ballot initiative introduced earlier this year calls for the implementation of “a comprehensive, statewide framework authorizing and regulating the cultivation, processing and distribution of psilocybin mushrooms and the chemical compounds therein.”

Nevada passed a bill this year decriminalizing the possession, use, cultivation or distribution of certain psychedelic fungi for adults 18 and older. Other states like Connecticut, Kentucky and Maryland have introduced measures to lessen penalties related to psilocybin this year. 

Lawmakers in Arizona are considering a bill that would allocate $30 million from the state budget to fund research on psilocybin as medical treatment. States including Hawaii, Texas and Vermont have also introduced bills that would create advisory councils or task forces to evaluate the effects of psychedelics on users. 

While the substances are still illegal under federal law, feds have taken a notable step back in the regulation of psilocybin, RAND Corporation’s Kilmer said. 

“It’s the same situation with cannabis,” he said. As 24 states and the District of Columbia have moved to legalize the recreational use, possession and commercialization of marijuana, “the federal government largely sat on the sidelines and just watched this happen.” That’s likely due to officials’ wanting to observe the development of states’ cannabis industries, he said. 

It’s unclear how federal regulation of psychedelics will roll out because these substances can alter individuals’ state of being more significantly than marijuana, Kilmer added. “But now is the time to have discussions about this.” 

Only two states have legalized some form of psychedelics thus far. Colorado was the latest to do so in 2022 when voters approved Proposition 122 to decriminalize the possession of psilocybin mushrooms for adults and to support the development of state-licensed treatment centers where users can request a dose of psychedelic drugs under the supervision of authorized administrators. 

“Colorado’s current approach to mental health has failed to fulfill its promise,” the measure stated. “Coloradans deserve more tools to address mental health issues, including approaches such as natural medicines that are grounded in treatment, recovery, health and wellness rather than criminalization, stigma, suffering and punishment.” The state is required to start reviewing applications for licensed psilocybin facilities by Sept. 30, 2024. 

Oregon became the first state to legalize the adult use of psilocybin after voters approved the Oregon Psilocybin Services Act ballot measure in 2020. The law allows adults to consume psilocybin for mental health treatment at supervised service centers, where certified faculty must monitor and guide users through their experience. The first supervised consumption facility opened in June and had already amassed a waitlist of more than 3,000 people as of September.