PsychedeLinks – February 3, 2023

Emerge attorneys, Dave Kopilak and Kaci Hohmann, are quoted in this Lucid News article along with other key individuals in the Oregon psilocybin services world. Ranging from insurance to land use to business realities, the article touches on the primary legal concerns facing prospective psilocybin business owners. In a public records request, the Oregon Health Authority disclosed that as of January 27, 2023, applications have been submitted for 6 manufacturer licenses, 3 service center licenses, and 1 laboratory license. These numbers reflect the contemplative approach that many prospective psilocybin business owners are taking in Oregon. As we progress through the year, we anticipate a moderate surge in license applications. Until then, we just have to wait to see how things shake out. As Dave mentions in the article, there is a concern that there may be too many facilitators and not enough service centers, at least at the outset. “I hope it will eventually stabilize into a sustainable, thriving ecosystem,” he says.

“Another series of psychedelics reform bills have been introduced in states from New Hampshire to Hawaii, building on the movement that’s seen exceptional activity in the 2023 session. Sen. Ron Kouchi (D) [in Hawaii] filed a bill to create a “therapeutic psilocybin working group” that would be tasked with studying the “medicinal and therapeutic effects of psilocybin or psilocybin-based products” for conditions such as anxiety, depression and post-traumatic stress disorder (PTSD). The body would also need to look into the efficacy of therapeutic psilocybin programs that are being implemented in Colorado and Oregon. A bill from Rep. Matthew Santonastaso (R) [in New Hampshire] would simply remove the psychedelic DMT from the list of controlled substances under state statute. A Republican New Hampshire lawmaker also recently filed a bill to legalize the possession and use of psychedelics like psilocybin and LSD by adults 21 and older. Sen. Nathalia Fernandez (D) [in New York] has filed a bill to legalize psilocybin therapy for patients with qualifying conditions. Under the proposal, people could receive psilocybin treatment from a certified facilitator in a clinical setting, or at their home if they’re unable to travel. In Utah, Senate Minority Leader Luz Escamilla (D) has announced plans to soon file legislation to legalize psilocybin for people with serious mental health conditions. In West Virginia, Rep. Kayla Young (D) filed a bill that would simply remove psilocybin, marijuana and THC from the state’s list of controlled substances.”

“On Friday, Governor Jared Polis announced members of the Colorado Natural Medicine Advisory Board. This fifteen-member board sits within the Department of Regulatory Agencies (DORA), where it will advise regulators drafting rules for the state’s psilocybin program. The board consists of two types of appointees. The first group will serve two-year terms, and the second will serve four-year terms. All but one of the appointed members reside in Colorado. At least on the surface, few board members appear to have experience directly related to psychedelics. Several board members have experience related to drug policy or substance use treatment.”

“A senator with the Ecological Green Party of Mexico (PVEM) has committed to presenting a bill to legalize and regulate natural hallucinogenic substances such as psilocybin for the treatment of mental health problems such as depression and anxiety. The PVEM senator told forum attendees — among whom were indigenous leaders, traditional healers and scientists — that in Mexico’s indigenous towns, there is ‘infinite wisdom and knowledge about psilocybin mushrooms and what they can do for people’s mental health.’ There has been a “prohibitionist policy” on natural hallucinogens since the 1960s, and the General Health Law considers such substances as ‘psychotropic with no therapeutic value’ and a ‘problem for public health,’ she added. The senator said that several countries have decriminalized substances such as psilocybin to treat mental health disorders and it’s ‘urgent’ for Mexico to do the same.”

“Research into the medical use of psychedelics to treat mental health is on the rise, but the impact of this research remains unclear. To address questions around this issue, the Center for Medical Ethics and Health Policy at Baylor College of Medicine is launching a new program to explore Ethical and Legal Implications of Psychedelics In Society (ELIPSIS). As part of the new program, experts will outline policies and ethical guidelines for psychedelic research, examine legal implications of psychedelic use for medical care, measure psychosocial impacts of psychedelic research and help to train the next generation of scholars interested in ethical and policy issues related to psychedelics. A multidisciplinary team of experts in bioethics, social science, medicine, health policy and law will study the ethical legal and social implications of this research.”