PsychedeLinks is a curated selection of top news stories impacting business, research, and culture in the psychedelics ecosystem, crafted by Emerge Law Group’s groundbreaking Psychedelics Group.
Emerge’s Hot Take
The Drug Enforcement Administration (DEA) recently adopted a new, simplified two-part test to determine a substance’s accepted medical use, marking a significant shift in the cannabis rescheduling process. Previously, the DEA used a five-part test, but following the Department of Health and Human Services’ (HHS) recommendation to reschedule cannabis from Schedule I to Schedule III, the agency now recognizes a two-part approach focusing on 1) whether licensed healthcare providers use the substance in medical treatment and 2) if there is credible, scientific support for its use for at least one condition. Opponents of the shift argue that the change is politically motivated. However, proponents note that the DEA is bound by the Department of Justice’s Office of Legal Counsel’s (OLC) legal decisions, meaning that the test may also be applied to future drug scheduling decisions, including those for psychedelics.
“It’s always important to delineate the psychedelic landscape from the cannabis landscape – the temptation is strong to analogize the two because in both cases we’re looking at state-legal but (at this point) federally illegal substances. In reality though, these spaces are markedly unique from one another,” observes Emerge law clerk Leticia “Tish” Maskell. “However, in this case, the analogy is warranted. Institution of a more holistic 2-step test for accepted medical use vs. a five-step test that is arguably so rigid as to be unreasonably exclusionary could be a boon not just for the psychedelic research community, but for broader acceptance of alternative therapies overall.”
Other Noteworthy News
THE DEBRIEF – A new study recently published in the Journal of Psychedelic Pharmacology estimates that 5.1 to 5.6 million Americans currently undergoing treatment for depression could qualify for psilocybin-assisted therapy. The study, a collaboration between Emory, the University of Wisconsin-Madison, and UC Berkeley, analyzed depression prevalence and treatment data, applying eligibility criteria from psilocybin clinical trials. Proponents agree that these findings highlight the potential of psilocybin in mainstream Western therapies, though challenges such as FDA approval, insurance coverage, and access to trained professionals remain.
What Western Medicine Can Learn from The Ancient History of Psychedelics
BBC – Ancient cultures and indigenous communities have long used plant medicines, offering valuable lessons for today’s psychedelic renaissance. In 2008, anthropologists discovered a 1,000-year-old shaman’s bag in Bolivia, containing paraphernalia with traces of psychoactive substances like psilocin and ayahuasca. This find provides insight into the deep-rooted relationship between ancient civilizations and hallucinogens, which were used not only for healing but also for rituals, creativity, and community building. In contrast to the Western concept of psychedelics primarily as therapeutic tools for psychiatric disorders, experts stress that indigenous perspectives on these substances go far beyond mental health treatment, incorporating them into daily life and spiritual practice.
MARIJUANA MOMENT – Alaska passed a new law creating a state task force to study how to license and regulate psychedelic-assisted therapy in the event of federal approval of psychedelics such as MDMA and psilocybin. Proposed by Rep. Jennie Armstrong (D), HB 228 became law without Governor Mike Dunleavy’s signature. The task force will spend 2024 examining regulatory approaches and will submit recommendations by January 2025. While the law doesn’t change the current legal status of psychedelics, it positions Alaska for potential federal legalization, and aims to address mental health issues, especially among veterans. There are similar task forces established in other states such as Maryland, Minnesota, and Utah. Though some lawmakers criticize the bill as premature, most see it as a proactive step towards improving mental health access.
STEAMBOAT PILOT & TODAY – In response to concerns raised about high fees for small mental health practices offering psilocybin therapy (particularly in rural or other underserved areas), final decision-making on the business license fees for healing centers, cultivators, and manufacturers has been delayed to allow for more public feedback. Two suggestions to address these concerns are a tiered fee schedule or a new fee category for sole proprietors. Colorado’s Department of Revenue Natural Medicine Division must finalize fees by December 31, when it will start accepting applications. The state is gathering further feedback, with a final hearing expected in October.
LISTEN – Psychedelics’ Potential in Sports Psychology
PLANT MEDICINE PODCAST – L.J. Lumpkin III, a therapist and CEO of Nomad Healing Practices, explores the potential of psychedelic medicine in sports psychology. Drawing from his own experience as an athlete, L.J. discusses the challenging transition athletes face after their careers end, likening it to ego death. He explains how psychedelic-assisted therapy, particularly ketamine, can help athletes manage the pressure to perform and shift focus back to the joy of play. Additionally, he highlights the role of psychedelics in establishing new, healthy habits that can benefit athletes both professionally and personally.
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