The varieties of psychedelic law

After decades of prohibition, psychedelics are drawing intense public and private interest. Scientists are researching their therapeutic properties, and mounting evidence supports their ability to treat a variety of mental health conditions. Dozens of cities and states are proposing or enacting psychedelics legislation to promote research, increase therapeutic and non-therapeutic access, and decrease criminal penalties. This article is the first to produce a typology of state and local psychedelic laws, which fall into five categories: decriminalization, supported adult use, medical use, clinical research, and policy analysis. It defines each category and explains how some jurisdictions create hybrid laws blending multiple elements. Following enactment, government agencies can shift laws from one category to another during rulemaking.

Study at a glance

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".