The varieties of psychedelic law

Summary

A first-ever typology of state and local psychedelic legislation reveals five distinct categories, from decriminalization to medical use, often blended in hybrid laws across many jurisdictions. As therapeutic psilocybin research for mental health expands, government agencies employ rulemaking to adapt these laws, reflecting diverse academic themes from criminology to psychology. This evolving criminal law landscape, a testament to therapeutic jurisprudence, aims to decrease penalties and broaden access to hallucinogens, profoundly influencing the state of drug policy.

Abstract

After decades of prohibition, psychedelics are generating intense public and private interest. Scientists are researching the therapeutic properties of these substances, and mounting evidence supports their ability to treat a variety of mental health conditions. Meanwhile, dozens of cities and states are proposing or enacting psychedelics legislation to promote research, increase therapeutic and non-therapeutic access, and decrease criminal penalties associated with producing, possessing, or consuming psychedelics. This article is the first to produce a typology of state and local psychedelic laws, which fall into five general categories: decriminalization, supported adult use, medical use, clinical research, and policy analysis. The article defines each category and explains how some jurisdictions create hybrid psychedelic laws that blend elements of multiple categories. Following enactment, government agencies can shift laws from one category to another during the rulemaking process. This article is part of the Special Issue on "National Institutes of Health Psilocybin Research Speaker Series".

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