Psilocybin: Following in the Footsteps of Cannabis Along the Path to Legality – JD Supra

Chances are that psilocybin or magic mushrooms will be more widely legalized within several years. The progress they have made since 2020 has been extraordinary. The path from illegality to legality looks remarkably like the journey that cannabis has been on for the last several years.

As public sentiment has changeddriven in large part by anecdotal accounts of psilocybins effectiveness as a treatment for PTSD as well as treatment-resistant depression and anxietyseveral jurisdictions have begun removing barriers to psilocybin use through deprioritization, decriminalization, and full legalization. As with cannabis, though, these local actions are complicated by psilocybins federal status as an illegal Schedule I drug.

While its worth asking when and how psilocybin could be legalized, thats somewhat of a backward question. The better question might be: why exactly is psilocybin illegal in the first place?

Why Is Psilocybin Federally Illegal?

Theres a simple answer, and then theres the more complicated truth that underlies that simple answer.

First, the straightforward part: psilocybin and psilocinthe active hallucinogenic substance from mushrooms native to South America, Mexico, and the southern U.S.are federally illegal because they were classified as Schedule I substances under the Controlled Substances Act in 1970. That categorization is based on the three Schedule I criteria:

What differentiates Schedule I drugs from every other schedule is the lack of an accepted medical use. Highly addictive but useful drugs such as cocaine, morphine, codeine, and fentanyl are all classified as Schedule II.

Because they lack that apparent utility, Schedule I drugs are tightly controlled, which makes researchincluding, say, research into whether a drug might be medically usefulincredibly difficult. (If this sounds familiar, its because theres another plant-based drug thats earned federal classification as a Schedule I controlled substance despite its clear medical usefulness: marijuana.)

But this is where the story gets, well, racist. Before the federal government classified psilocybin as Schedule I in 1970, indigenous populations had used it (and other entheogens) as a medical treatment for thousands of years. Modern Western medical culture, after an initial brief exploration, disregarded that historyuntil recently.

What the Research Into Psilocybin Shows

Actual scientific research on psilocybin contradicts each of the assertions in the federal governments classification.

First, numerous recent studies have demonstrated psilocybins effectiveness in the treatment of mental health disorders. In 2018 and again in 2019, the FDA granted breakthrough status to allow scientific studies of psilocybin in addressing treatment-resistant depression. The results have been impressive. For example, a 2020 study at Johns Hopkins University found that 71 percent of patients who received psilocybin treatment for major depressive disorder experienced a clinically significant response. Just over half54 percentachieved complete remission. One of the studys authors noted that after treatment with psilocybin, People feel reorganized in a way that they dont with other drugs Its almost like reprogramming the operating system of a computer.

Second, psilocybin is widely acknowledged as non-addictive.

Third, research has demonstrated that psilocybin is not just safe to use but is in fact safer than alcohol.

Researchers have therefore recommended that psilocybin should more appropriately be categorized as a Schedule IV substance. Schedule IV drugs are those with a currently accepted medical use, a relatively low potential for abuse, and a limited risk of physical or psychological dependence. Schedule IV drugs include alprazolam (Xanax), diazepam (Valium), and zolpidem (Ambien).

Why Psilocybin Businesses Should Partner With a Cannabis Law Firm

So why is it that were even talking about psilocybin? Isnt Cultiva Law a cannabis firm?

Well, yesbut thats not all we are. Weve specialized in helping businesses navigate the regulatory hurdles associated with cannabis as it proceeds down the path from illegality to legality. We know and love the science of cannabinoids, but that represents only a part of the broader science of plant-based pharmaceuticals and plant-based psychoactive substances.

Entheogens like psilocybinas well as ayahuasca, iboga, peyote, and othersare following in the path of cannabis from illegality to legality. Thats mostly due to a gradual shift in public opinion regarding the utility of these plant-based treatments, which again echoes the evolution of public opinion regarding cannabis.

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Psilocybin: Following in the Footsteps of Cannabis Along the Path to Legality - JD Supra