Howard Mulligan and Adam Koscielski of Greenspoon Marder LLP discuss the initiative in Washington state and activity in other states to explore the use and potential benefits of psilocybin and other psychedelic drugs.
Psilocybin or "magic mushrooms" are seen in an undated photo provided by the U.S. Drug Enforcement Agency in Washington, U.S. May 7, 2019. DEA/Handout via REUTERSAugust 11, 2023 - Psilocybin is a hallucinogenic substance found in certain types of mushrooms commonly known as "shrooms" or "magic" mushrooms.
At the federal level, psilocybin is unequivocally illegal. Under the United States Controlled Substances Act ), psilocybin is currently classified as a Schedule 1 drug which, according to the Drug Enforcement Administration , has no currently accepted medical use. Other drugs classified as Schedule I include marijuana/cannabis, MDMA , lysergic acid diethylamide , and heroin.
Like cannabis, as the potential medical uses of psilocybin become more widely recognized, its use and the use of other psychedelics may become more accepted and may potentially serve as an effective antidote to the current sordid condition of U.S. mental health care. Additionally, similar to cannabis, as the health related benefits of psilocybin gain acceptance, momentum for legislation on "adult," "personal" or "recreational" use may gain traction.
The Act does this via two avenues. First, the Act mandates that the HCA must establish a psilocybin task force — this is contained within Section 6 of the Act and took effect May 9, 2023. Second, Section 8, effective July 23, 2023, lays out the psilocybin therapy services pilot program to be implemented by the University of Washington.
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