Psychedelics Reform Update: Policies Move Forward In Thirteen States On Fed And Local Levels

Parallel to recent federal decisions by President Biden and the VA, state-level psychedelics policy reform is moving fast throughout the country. Since our previous update and as of Jan. 9, 2024:

• Arizona: prefiled in Jan. 3 and assigned to the state’s House Rules Committee on Jan. 8, new HB 2105 adds considerations to the state’s 2023 law creating the $5 million fund for psilocybin research on topics including grants applicants’ participation, experience and membership and monies’ exemption.

• California: 2023-introduced AB 941 was amended and re-referred to the Assembly’s Health Committee on Jan. 8. Originally calling for research on psychedelic-assisted therapy for combat veterans, the legislation has taken a broader scope. 

It requests a new workgroup to explore a regulatory framework for therapeutic access to psilocybin, ibogaine and “any controlled substance the federal FDA may approve for use in the future, including, but not limited to, Dimethyltryptamine [DMT] or Mescaline sourced from non-peyote cacti.”

Details by Marijuana Moment

See also analysis of the state advisory panel’s blockade of “dozens of psychedelics studies” for over three months by Psychedelic Alpha (Josh Hardman.)

• Illinois: HB 0001, prefiled in Dec. 2022 and introduced Jan. 2023, added a new chief co-sponsor by end-Dec. 2023. Known as the “Compassionate Use and Research of Entheogens Act,” the legislation establishes a psilocybin advisory board to make recommendations to the state’s Health Department for the provision of psilocybin services.

• Indiana introduced HB 1184 on Jan. 9, which would create a “breakthrough therapies research fund.” It provides that “a drug, biological product, or medical device that has been designated as a breakthrough therapy under federal law [such as MDMA for PTSD treatment or psilocybin for treatment-resistant depression] may be made available to a qualified patient and offered by a physician as a part of the patient's medical treatment.”

At the state’s Senate, SB 139 mandates the creation of a psilocybin treatment program, establishing the “therapeutic psilocybin research fund” (to be administered by the Indiana Health Department) for studies on mental health “and other medical conditions.” Introduced Jan. 8, it was referred to the Committee on Health and Provider Services.

• Massachusetts lawmakers officially received and are summoned to consider an activists-backed psychedelics legalization measure, following state officials’ certification that it holds enough valid signatures to do so (details by Marijuana Moment.)

• Missouri: Prefiled in Dec. 2023 and referred to the House’s Veterans Committee, HB 1830 “creates provisions relating to alternative therapies.” It specifically states that adults 21 or older with PTSD, major depression, a substance use disorder or requires end-of-life care, who have tried to or effectively enrolled in a psilocybin clinical study and inform and comply with treatment requisites “shall not be in violation of state or local law” and “shall not be subject to a civil fine, penalty or sanction.”

It also includes provisions for physicians, manufacturing and testing labs, insurance coverage; investigational drugs, biological products or devices; and even up to $2 million in state research grants, plus a mandate for the state’s department of health to collaboratively conduct a study on the efficacy of alternative medicine and therapies, including psilocybin, in patients with the mentioned conditions.

Companion Senate bill SB 768 was also prefiled in Dec. 2023, and referred to the chamber’s Emerging Issues Committee on Jan. 9.

• Nevada: GOP Governor’s office and advocates reportedly held a “productive meeting” around the need to quickly fill the vacancies of the law-mandated psychedelics work group toward informing near-future reform (potentially including legalization of plant-based therapies,) reported Marijuana Moment.

• New Hampshire pre-filed HB 1693, which would legalize and regulate the provision of three psychedelics for “therapeutic purposes” involving qualifying mental health or medical conditions [a relatively generous list in length,] and following a healthcare provider’s recommendation.

• New York: Several psychedelics-related proposals were introduced at the year kickoff in the state’s Senate and Assembly. Some are companion bills, and some have been reintroduced.

Prefiled by mid-December and in Jan. 3 referred to the Assembly’s and the Senate’s Health Committees respectively, new AB 8349 / SB 7832 seek to establish a psilocybin-assisted therapy pilot program under the state Department of Health. It explicitly states provision of such a program “will be offered to 10,000 veterans and first responders from the western region of New York state.” Should the federal FDA approve psilocybin for medical use, the pilot program would end.

Keep an eye on New York's AB 114, which would legalize adult possession and use of certain natural plant or fungus-based hallucinogens, was first introduced on Jan. 4, 2023. 

• Rhode Island introduced new HB 7047 on Jan. 5, which aims to amend the state’s controlled substances law to legalize possession of less than one ounce of psilocybin and residential psilocybin cultivation for personal use. It further includes contingencies relating to federal FDA-pending decisions on rescheduling and expanded access.

• Virginia prefiled and committee referral-pending, HB 80 would establish an advisory council on breakthrough therapies [see Indiana above] for veteran suicide prevention. Within the government’s executive branch, it would have to advise the Commissioner “on the regulations and infrastructure necessary to support clinical access to and training for medication-assisted U.S. FDA breakthrough therapies for veteran suicide prevention.”

This support would take the form of grants for breakthrough therapy treatment through the Veteran Suicide Prevention Program; education, training, licensing and credentialing of providers; patient safety and harm reduction; costs, insurance reimbursement and “strategies to safely increase affordable access to care, including the use of group therapy;” and standards for treatment facilities, among others.

• Washington prefiled on Jan. 4 and referred to the Senate’s Health and Long Term Care Committee, SB 5977 would legalize psilocybin therapy for veterans and first responders over 21 years old, under a regulated framework. 

As Marijuana Moment notes, the new bill “appears to build on the state’s limited psychedelics pilot program” passed in 2023, also serving veterans and first responders.

• Wisconsin: introduced in Nov. 2023 and referred to the Senate’s Committee on Universities and Revenue, SB 727 (and companion bill AB 753) received a fiscal estimate on Jan. 4, upon which more discussion is expected to come.

The proposal would create a medicinal psilocybin treatment fund and a pilot program on medicinal psilocybin treatment for patients with PTSD at the University of Wisconsin-Madison, making a corresponding budget appropriation.

Photo: Benzinga edit with photo by Alexander_Volkov and canbedone on Shutterstock.