The Most Promising Psychedelics Bills This Year
Psychedelic medicine related legislation is heating up after voters chose to provide access to these treatments in Colorado and Oregon. This legislation takes different forms:
The Regulated Treatment Approach:
Two states—Maine and Washington—where legislation to provide access to regulated psilocybin treatment for adults has a serious chance at passing this year. These bills envision the same approach to regulation that passed by ballot measure in Oregon and Colorado. Yet, unlike Colorado’s approach, neither Maine nor Washington are considering removing criminal penalties for personal possession or gifting for adults.
Washington’s bill appears to have broad bi-partisan support: Over half of the state’s Senators signed on as co-sponsors. Senator Ann Rivers, a Republican from La Center, penned an op-ed in The Columbian arguing that a “state-regulated system of psilocybin facilitation centers can safely offer new treatments our veterans and neighbors desperately need.” And veterans are front and center in the fight, as the Tri-City Herald reports: “Corey Champagne, a Marine Corps veteran told the [Senate Labor and Commerce] committee that he was testifying in support of the legislation because he has struggled with mental health issues [and] “his access to psychedelic-assisted therapy has helped him heal … ‘[T]his is exactly what we need to do to solve this mental health crisis.’”
Maine’s Psilocybin Services Act passed the state Senate last year with bi-partisan support, but ultimately died in the House. The bill’s sponsor, Senator Donna Bailey, has pledged to reintroduce the bill this session. What’s changed? After decisive showings at the ballot box in Colorado and Oregon in November, and an implicit threat to bring a similar measure to Maine voters, there appears to be more openness among some members of the House this time around. But it’s too early in the session to count the votes.
New Jersey’s Senate President, Nicholas Scutari, a former criminal prosecutor, introduced a bill that is similar to the Oregon model—regulated access to psilocybin treatment. It’s early in the session, and it is very possible that the bill will be amended, but one thing is for sure: Scutari has juice. He successfully championed recreational marijuana in the legislature. He also sponsored a previous bill, reducing criminal penalties for possession of up to an ounce of psilocybin, which Governor Murphy signed into law in 2021. Another good sign: The powerful United Food and Commercial Workers, UFCW Local 360, supports bringing “safe, legal, and affordable psilocybin service centers” to New Jersey.
The Personal Use Approach:
In California, Senator Scott Weiner has reintroduced his bill to decriminalize possession of psilocybin and certain other psychedelic medicines. California would become the third state after Oregon and Colorado voters to removed criminal penalties for possession in 2020 and 2022 respectively. Weiner’s bill passed the Senate last year, and received “support from both major political parties,” before succumbing to an arcane committee rule killing the measure in the Assembly during the final days of the session. Importantly, Weiner has amended last year’s bill to address concerns raised by lawmakers who were on the fence last go round, which should improve odds of passage this year.
The “Breakthrough Therapy” Approach:
The Missouri legislature is considering an approach, narrower than that of Oregon or Colorado, that would allow access to psychedelic treatment if the FDA assigns a treatment as a “breakthrough” therapy and if they have a qualifying diagnosis. The requirement that a person receive a qualifying diagnosis is narrower than the approach taken in Oregon and Colorado, which allows adults who would benefit from psilocybin treatment to receive treatment without being formally diagnosed by a physician. This approach is modeled somewhat after the Breakthrough Therapies Act introduced by US Senators Rand Paul and Cory Booker.
Missouri is also an example of how Republican lawmakers are approaching the issue. A Republican legislator—Tony Lovasco—is championing the psilocybin bill in the legislature and here is how The Missouri Independent describes him: “State Rep. Tony Lovasco of O’Fallon isn’t a hippie. He says he’s never taken psilocybin mushrooms or smoked a joint. ‘I’ve never even smoked a cigarette.’ A self-described ‘pretty boring guy,’” Lovasco appears to be exactly the right legislator to shepherd a psilocybin bill through the Missouri legislature. Lovasco has repeatedly stated his hope that this legislation will help the everyday people who are seeking treatment: “These are very sympathetic people…these are people who want treatment, they want to get better.”
The Research Institute Approach:
There is a lot of enthusiasm for expanding access to psilocybin in New York, as illustrated by three different pieces of legislation related to psychedelic medicine floating around the state legislature—an Oregon and Colorado style regulated treatment approach; a decriminalization bill that is similar to the legislation pending in California; and one that would create a research institute on psychedelic medicine, which would then make a recommendation to the legislature on whether and how access to psychedelic medicine should proceed in the state. The issue is new to the state, so the research approach likely has the best shot at passage this year.
