WOODSTOCK PSYCHEDELICS LEGALIZATION UPDATE March 23, 2024
Psychedelics see increased legalisation & decriminalisation globally as treatment usages expand.
Research continues to progress on the potential mental and physical health benefits of psychedelics used in a therapeutic context. Yet psychedelic substances remain illegal around much of the globe, with notable exceptions.
As of 2024, some psychedelics have been given a legal or decriminalised foothold in: parts of Central Africa (Equatorial Guinea, Cameroon and Republic of the Congo), South Africa, Australia, the Bahamas, Brazil, the British Virgin Islands, Canada, the Czech Republic, Costa Rica, Israel, Jamaica, Mexico, Nepal, the Netherlands, Panama, Peru, Portugal, Samoa, Spain, Switzerland and the United States.
Psychedelics include psilocybin (which can be found in "magic mushroom"), MDMA ("ecstasy" or "molly"), LSD ("acid") ayahuasca, peyote and ibogaine among others. The legal landscape of these substances is changing globally amidst continuous emerging research on the various benefits of their therapeutic use. Psychedelics have been shown to help with mental health conditions, such as treatment-resistant depression and post-traumatic stress disorder (PTSD). They're also being studied for the relief of physical health conditions, such as those related to chronic pain.
"Psychedelics are not only very effective at treating a wide range of indications that currently lack treatment options but are also proving, when used responsibly, very safe," says Grace Blest-Hopely, a neuroscientist and psychedelic researcher affiliated with King’s College London, in the UK..
In some countries, various psychedelics have full legalisation. In other countries, certain psychedelics have been legalised only under specific contexts. And still in other areas, some psychedelics have been decriminalised. "Decriminalisation" can mean different things; generally it implies that people can possess or use a personal amount of the substance despite it being illegal, although sometimes minor fines apply.
"It literally means that they're not going to put resources behind arresting and prosecuting people," says Mason Marks, a visiting professor at Harvard Law School and the senior fellow and lead of the school’s Project on Psychedelics Law and Regulation.
Marks says that criminalisation of drugs, including psychedelics, creates more harm than good.
"What happens when you criminalise something is that people don't want to talk about it with their doctors," he says. "People can't talk amongst themselves. It's quite plausible that when something is criminalised, people might hesitate to call for emergency medical services."
Blest-Hopely agrees. "I believe that legalisation of all drugs", she says, "allows for the removal of criminal activity from the supply chain and adults to make decisions on what they put in their bodies. That is also true for attaining products that are assured for quality."
But she adds a note of caution. "Psychedelics are extremely powerful substances," she says. "Any change in legislation towards better access, I would welcome greatly. However, it must come with education around psychedelics in their totality. Not just the positives, but also the risks, the effects and the enormity of impact that using large doses of substance can have, acutely and long term."
Arguments against legalisation and decriminalisation include concerns over any potential increase in substance use disorders. However, psychedelics are currently being studied as a potential treatment for substance use disorders and are not considered addicting themselves. Other concerns include potential increases in psychedelic-related emergencies, such as emergency department visits for "bad trips." However, emergency department visits tend to be rare for LSD and psilocybin, though more common for MDMA.
Here’s a closer look at the status of psychedelics around the globe, including the ever-changing landscapes of legalisation, decriminalisation and drug review agency approvals.
Are psychedelics legal in the United Kingdom?
"Psychedelic substances are still very much controlled in the UK," says Blest-Hopely, who is also the founder of Hystelica, a UK-based community of researchers aimed at investigating psychedelics and their effects on female biology.
"Psychedelics like LSD and psilocybin are both still Schedule 1, defined as having 'no therapeutic benefit' and requiring a licence from the home office (government), plus considerable security and cost implications to conduct research," she says.
Advocacy groups are pushing for change in the UK. "There have been movements within government lobbying groups to allow access to psilocybin for therapeutic relief in end-of-life cancer patients and military veterans," Blest-Hopely adds. "Sadly, all discussions brought to the [parliamentary] chamber and the government have been swiftly done away with, stating no plans of the government to review or change the status."
Central Africa: Gabon, Equatorial Guinea, Cameroon and Republic of Congo
Ibogaine, which is being studied for opioid use disorder and PTSD, comes from the sacred iboga plant, native to Central Africa, where it is used by Indigenous communities for ceremonial purposes in Gabon, Equatorial Guinea, Cameroon and Republic of the Congo. In these areas, ibogaine generally lacks a legal framework regulating it. It is, however, legal in Gabon, where it is protected.
South Africa
In South Africa, ibogaine is considered a medication and can be provided by licensed professionals.
Australia
In 2023, Australia's Therapeutic Goods Administration (TGA), the agency responsible for regulating medicines, decided to allow authorised psychiatrists to prescribe some psychedelics for certain mental health conditions. The TGA permits the prescribing of MDMA for PTSD and psilocybin for treatment-resistant depression. Ibogaine can also be prescribed to treat addiction in Australia.
"The decision acknowledges the current lack of options for patients with specific treatment-resistant mental illnesses," the TGA wrote in a press release.
The Bahamas
Psilocybin is legal to possess and use, but not to sell, in the Bahamas.
The British Virgin Islands
Psilocybin is also legal to possess and use, but not to sell, in the British Virgin Islands.
Peru
Ayahuasca is also legal in Peru, which in 2008, designated the psychedelic a part of Indigenous heritage.
Mexico
In Mexico, psychedelics are generally considered illegal. However, there is an exception that has made the country a hotspot for psychedelic retreats: Article 195 bis of the Federal Penal Code states that people cannot be prosecuted for spiritual or ceremonial use of psilocybin or 5-MeO-DMT. The latter is secreted by a gland in the Sonoran Desert toad and is also found in some plants. Ibogaine is unregulated in Mexico, making the country a place where people seek treatment. Peyote is legal in Mexico only for Indigenous ceremonies and traditions.
Costa Rica
Though not legal, personal drug use is not prosecuted in Costa Rica. And ibogaine is unregulated in Panama.
Psychedelics in the European Union
The European Union classifies psychedelics as Schedule I, meaning they are highly controlled and illegal except for "scientific or limited medical purposes." The European Medicines Agency, the agency's Central Nervous System Working Party and representatives from the European College of Neuropsychopharmacology recently issued commentary in the journal Lancet.
The authors acknowledge that mental health issues affect one in six people in the EU. "There is a need for effective, safe new treatments for mental disorders," the commentary says. "In the past decade there has been a renewed interest worldwide in psychedelics as potential treatments for various mental health conditions."
The Czech Republic
Despite the illegality of psychedelics across the EU, some countries within Europe have moved to either legalise or decriminalise certain substances. The Czech Republic, for example, decriminalised personal possession of small amounts of psilocybin, MDMA, LSD and peyote.
The Netherlands
In The Netherlands, psilocybin truffles are legal, though other forms of the compound are not. And ibogaine is unregulated in the country. Other psychedelics remain illegal.
Germany
In Germany, ibogaine is unregulated, except for pharmaceutical rules under the German Medicinal Products Act. The country has several ibogaine treatment centres.
Portugal
Portugal, at the start of the 21st century, decriminalised the personal possession and use of all drugs. Spain has also decriminalised drug use.
Switzerland
Switzerland has decriminalised substance use in general. The psychedelic LSD was accidentally synthesised in the country by chemist Albert Hoffman. Switzerland now allows for restricted compassionate use in a medical context of LSD and some other psychedelics. The Federal Office of Public Health must grant permits for such use. The agency says roughly 70 physicians have permits.
“This means that a small number of patients are treated with these substances each year while we await larger studies about safety and efficacy,"says Abigail Calder, a psychedelic researcher and doctoral candidate at the University of Fribourg.
Switzerland has had the exceptional use program in place off and on since the 1980s, Calder adds, and the most recent law has been in effect since 2014. "This makes them the first country in the modern era to have legal psychedelic therapy, albeit only on official request," she says. "I doubt there are any plans to legalise psychedelic therapy more broadly until there is more research on safety and efficacy."
Israel
Israel, in 2019, approved a compassionate use program for the therapeutic use of MDMA in people with PTSD and for several other patients.
Jamaica
Jamaica is a popular place for psychedelic tourism, thanks to its lack of a law surrounding psilocybin. Magic mushrooms have never been illegal in the country.
Nepal
In Nepal, psychedelics such as psilocybin are not explicitly mentioned in the country’s Narcotic Drugs (Control) Act 2033. The UC Berkeley Center for Psychedelic Sciences reports that psilocybin is legal in the country.
Canada
Canada and the US have been slowly expanding access to psychedelic substances. In Canada, most psychedelics are illegal based on their classifications under the Controlled Drugs and Substances Act, with a few exceptions.
The psychedelic compound 5-MeO-DMT is legal for personal use and possession in Canada. And although mescaline is listed as a Schedule III controlled substance, peyote is not. Mescaline is extracted from peyote. In 2022 Health Canada, the government's department responsible for health policy, added a special amendment to its Special Access Program (SAP). The amendment allows physicians to request access to psilocybin, MDMA, DMT, LSD and other psychedelics.
"The SAP is only available for certain serious medical conditions, is meant for emergency basis only, and patients cannot possess [the substance] but must be administered it by the doctor or psychotherapist. It is not meant for long-term access," says Harrison Jordan, the founder of Substance Law, a firm focusing on regulatory compliance regarding psychedelics and other controlled substances.
Health Canada added ibogaine to its Prescription Drug List in 2017, but the agency does not recognize its medical use. Therefore SAP requests are unlikely to be granted.
The Canadian province of British Columbia has decriminalised small amounts of illicit drugs. And Alberta, in early 2023, implemented a framework for regulating and licensing some health care providers to administer some psychedelics for mental health treatment.
United States
In the US, psychedelics are considered illegal under the Controlled Substances Act. However, Native American ceremonial use of peyote is protected under federal regulation and in at least 28 states.
The Food and Drug Administration (FDA), however, granted breakthrough therapy designation for MDMA for PTSD in 2017. In 2018, the agency first granted the same designation for psilocybin for treatment-resistant depression. These designations helped allow psychedelic research to progress.
In 2024, the FDA is considering MDMA for therapeutic use in conjunction with psychological intervention in people with PTSD, now that the agency has accepted an application from Lykos Therapeutics. In addition to small changes at the federal level, some states and cities have moved to legalise psychedelics for medical purposes or decriminalise them for personal use.
The state of Oregon decriminalised most drugs in 2020 via Measure 110. However, the governor is set to sign a bill to recriminalise. Republican opposition to Measure 110 grew after a spike in fatal opioid overdoses. Research published in 2023 found that Measure 110 was not associated with the increase in the short term. But longer-term research is needed.
A group of business and political leaders in the state called for a ballot measure to repeal or alter the law, and many Democrats who were once in favour of Measure 110 changed their position. Opponents of recriminalisation note that Measure 110 was supposed to direct cannabis tax revenue towards addiction services. However, the pandemic hindered the process. If the governor signs the new bill, the state's legalisation of psilocybin use at licenced psilocybin service centres will remain in effect.
The state of Colorado decriminalised the possession and use of small amounts of natural psychedelic substances for those 21 and over. The state also legalised, due to start in late 2024, the supervised use of psilocybin at licensed facilities or with licensed clinical facilitators. In 2026, the state may start legalising additional plant-based psychedelic substances, such as DMT, ibogaine, or mescaline in the same contexts.
A growing list of cities across the US have also made changes to their laws surrounding psychedelics. "Decriminalisation has been a very popular approach at the local level," Marks says. "There are about two dozen cities across the country that have decriminalised to one extent or another."
The list includes Washington, DC, which in 2020, decriminalised the personal use of psilocybin. "So far it's only successfully been done through a ballot initiative by voters," Marks adds.
In one exception, the California state legislature passed a bill to decriminalise the personal use and possession of psychedelics. "But the executive branch said no," Marks says.
Samoa
In the region of Oceania, psilocybin is legal in Samoa.
New Zealand
Ibogaine can be legally prescribed in New Zealand.
MORE INFO AT: https://www.bbc.com/future/article/20240320-legal-status-of-psychedelics-around-the-world
WOODSTOCK PSYCHEDELICS LEGALIZATION UPDATE February 23, 2024
Psilocybin around the world: where are magic mushrooms legal?
The cannabis legalization movement is international, and the same goes for psychedelics. Much like where marijuana is legal in the U.S., psychedelics, and more specifically magic mushrooms, are legal in various degrees across the globe. While legalization is rare, many countries have decriminalized small amounts of drugs, including psilocybin. Countries have decriminalized personal possession or fully legalized the compounds–but neither ensures a tourism sector.
In some of these locations, tourists are welcome to have a guided trip experience, but others might require some local know-how. Some countries have fines for possession and harsh trafficking laws. Don’t experiment with psychedelics abroad without in-depth knowledge of the area.
That said, these are the countries where psilocybin is legal or decriminalized.
Countries where psilocybin mushrooms are legal
Bahamas
Drug policy in the Bahamas is dictated by the Dangerous Drugs Act, which was established in 2000. The document covers opium, coca leaves, cocaine, morphine, amphetamines, LSD, and its analogs–but no mention of psilocybin or psilocin.
This has led to news that personal cultivation and consumption are allowed on the islands. However, the Bahamas signed the 1971 UN Convention on Drugs, which includes psilocybin. Perhaps to stay good on the 1971 promise, no sale or export is allowed.
Brazil
Psilocybin is listed as a Class F2 by the Brazilian Controlled Drugs and Substances Act alongside LSD, DMT, 2C-E, and other psychedelic compounds. F2 controlled goods are considered “Prohibited psychotropics” whose use is only permitted in authorized scientific research.
RELATED: Are magic mushroom spores legal? DEA offers guidance
Croatia
Croatia’s Law on the Combat of Drug Use was established in 2001. It defines psychotropic substances as narcotics. However, in 2012, small quantities of all drugs were decriminalized for personal use in the Balkan country.
Czech Republic
Much like Croatia, the Czech Republic doesn’t consider personal drug use an offense. Under the Act of Violations, possession of small amounts is punishable by a CZK 15,000, equating to almost $600. Holding a “greater than small” amount at once is punishable by one to two years in prison.
Jamaica
Magic mushrooms aren’t prohibited in Jamaica as psilocybin isn’t listed in the Dangerous Drugs Act. In the last few years, the island has become a leader in the psilocybin business, encouraging investment and allowing trip experiences like the Atman retreat.
Nepal
Psilocybin is absent from the list of narcotic substances in the Nepal Narcotic Drugs (Control) Act. However, language in the bill leaves space for the government to specify other psychotropic compounds as narcotics. That said, there aren’t laws against consuming psilocybin in the South Asian locale.
Netherlands
Magic mushrooms are illegal in the Netherlands and sometimes looked down on in Dutch culture. However, magic truffles are legal and often found in tourist hotspot coffeeshops. Though they aren’t the classic dried magic mushroom strains, truffles contain psilocybin, psilocin, and baeocystin, creating a similar trip.
Portugal
The European country of Portugal decriminalized drug use and possession in 2001, and that includes psilocybin. Mushroom culture hasn’t become international news, but locals know where to find it.
Uruguay
Uruguay was the first country to legalize cannabis. In 2013, the country decriminalized all drug consumption. However, there isn’t tourism or trade in place. Much like Portugal, despite widespread decriminalization, Uruguay hasn’t developed an international notoriety around magic mushrooms.
Where in the world are magic mushrooms legal?
There aren’t a lot of countries where psilocybin is fully legal, decriminalization is more common. Brazil has the most progressive drug laws, but Jamaica seems to be the country to watch when it comes to developing psilocybin tourism. Those traveling in decriminalized locations might need to tap into local culture for a chance to trip abroad.
Despite what the laws say, be smart with psilocybin, especially when traveling in a new country. Safety first, psychedelics second.
CARA WIETSTOCK Cara Wietstock is senior content producer of GreenState.com
More info at: https://www.greenstate.com/psychedelics/where-is-psilocybin-legal/
WOODSTOCK PSYCHEDELICS LEGALIZATION UPDATE JANUARY 21, 2024
PSILOCYBIN LAWS: UNDERSTANDING THE LEGALITY OF MUSHROOM POSSESSION AND CULTIVATION IN THE UNITED STATES
·JANUARY 21, 2024
Magic mushrooms, or psilocybin mushrooms, have gained significant global attention for their potential therapeutic benefits and recreational use. But the laws and regulations surrounding them are….not exactly obvious. For instance, they’re decriminalized in some states, and thoroughly criminalized in others. You can possess spores, but only in a certain form. And so on, and so on.
Therefore, it is crucial to understand the legal framework surrounding the possession and cultivation of psilocybin mushrooms and their spores. You shouldn’t have to scour the internet to get all the essential information. We aim to provide an overview of the current laws and regulations pertaining to these activities here.
Credit to Andrew Ridley
SHROOM LAWS AND REGULATIONS
POSSESSION OF PSILOCYBIN MUSHROOM SPORES:
The legality of possessing psilocybin mushroom spores varies across jurisdictions. In some countries and states, possession of spores is legal, as they do not contain the psychoactive compound psilocybin. However, it is important to note that the intent to cultivate psilocybin mushrooms from these spores may be subject to legal restrictions. It is advisable to research and understand the specific laws in your jurisdiction before engaging in any activities related to psilocybin mushroom cultivation.
CULTIVATION OF PSILOCYBIN MUSHROOMS:
The cultivation of psilocybin mushrooms is generally considered illegal in most countries. The primary reason for this prohibition is the presence of psilocybin, a Schedule I controlled substance in many jurisdictions. Cultivating psilocybin mushrooms involves the intentional cultivation of a controlled substance, which is subject to legal penalties.
Credit to Christopher Cassidy
LEGAL EXCEPTIONS AND DECRIMINALIZATION EFFORTS:
It is worth noting that some jurisdictions have implemented exceptions or decriminalization measures regarding psilocybin mushrooms. For instance, in certain cities or states within the United States, possession and cultivation of small amounts of psilocybin mushrooms have been decriminalized or subject to reduced penalties. However, it is crucial to research and understand the specific laws and regulations in your jurisdiction to ensure compliance.
FEDERAL LAWS:
At the federal level, psilocybin mushrooms are classified as a Schedule I controlled substance under the Controlled Substances Act (CSA). This classification means that they are considered to have a high potential for abuse and no accepted medical use. Consequently, the possession, cultivation, and distribution of psilocybin mushrooms are illegal under federal law.
STATE LAWS:
While federal law prohibits psilocybin mushrooms, several states have enacted their own legislation that either decriminalizes or legalizes their possession and use. It is important to note that laws can vary significantly from state to state, so it is crucial to understand the specific regulations in your jurisdiction. Here is a brief overview of the current status of psilocybin mushroom laws in select states:
1. OREGON:
In November 2020, Oregon became the first state to legalize the therapeutic use of psilocybin mushrooms. The Oregon Psilocybin Services Act allows for the regulated medical use of psilocybin under the guidance of licensed facilitators.
2. CALIFORNIA:
California has decriminalized the possession and use of psilocybin mushrooms in certain cities, including Oakland and Santa Cruz. However, it is important to note that this does not legalize their cultivation or distribution.
3. COLORADO:
Denver, Colorado, became the first city in the United States to decriminalize psilocybin mushrooms in May 2019. This means that the city’s law enforcement agencies consider the possession and use of psilocybin mushrooms for personal use as their lowest law enforcement priority.
4. NEW MEXICO:
In New Mexico, the possession and use of psilocybin mushrooms are classified as a petty misdemeanor, resulting in a small fine rather than criminal charges.
Credit to Mathew Schwartz
Navigating the legal landscape surrounding psilocybin mushrooms in the United States can be complex due to the varying laws at the federal and state levels. While federal law strictly prohibits their possession, cultivation, and distribution, some states have taken steps to decriminalize or legalize their use.
THERAPEUTIC USE AND MEDICAL RESEARCH:
While recreational use of psilocybin mushrooms remains largely illegal, there is growing interest in their potential therapeutic applications. Some countries and states have initiated research programs or granted exemptions for medical research purposes. These initiatives aim to explore the therapeutic benefits of psilocybin mushrooms under controlled settings, with the goal of potentially developing regulated medical treatments in the future.
The legal landscape surrounding the possession and cultivation of psilocybin mushrooms and their spores is complex and varies across jurisdictions. It is essential to thoroughly research and understand the specific laws and regulations in your area before engaging in any activities related to psilocybin mushrooms. As laws and attitudes towards psychedelics continue to evolve, it is advisable to stay informed about any legal updates or changes that may impact the legality of these substances.
Article published on respectmyregion.com: https://www.respectmyregion.com/psilocybin-laws-possession-and-cultivation-in-the-united-states/
LEGALIZATION
The legalization of psychedelics has been a topic of discussion and action in various regions due to evolving attitudes, ongoing research showcasing their potential therapeutic benefits, and changing public opinions on drug policy. Here are some points related to this:
Decriminalization Efforts: Some places have opted for decriminalization, reducing the legal consequences of possessing small amounts of psychedelics for personal use. Decriminalization aims to shift the focus from punishment to treatment for drug-related issues.
Medical and Therapeutic Use: There's growing support for legalizing psychedelics for medical or therapeutic purposes in controlled settings. Some jurisdictions have allowed research institutions to conduct studies on the therapeutic potential of substances like psilocybin, MDMA, or LSD.
Regulatory Changes: Some areas have started to make regulatory changes. For instance, in the United States, the FDA has granted breakthrough therapy designation for psilocybin-assisted therapy for treatment-resistant depression, fast-tracking its research and potential approval.
Public Opinion and Education: Shifting public opinion, increased awareness about the potential benefits of psychedelics in therapy, and advocacy efforts have influenced policymakers and prompted discussions about reconsidering drug policies related to these substances.
Challenges and Controversies: Legalization or decriminalization efforts face challenges, including concerns about safety, misuse, potential adverse effects, and the need for proper regulations to ensure responsible use.
