Legal Research

• National Defense Authorization Act Proposed Amendments [would authorize the Secretary of Defense to approve grants for research into the therapeutic application of 5-MeO-DMT for active-duty military personnel diagnosed with PTSD]
• Breakthrough Therapies Act [would make several amendments to the Controlled Substances Act (CSA) aimed at lowering barriers to accessing controlled substances for research and medicinal purposes]

ARIZONA

• House Bill 2486 – a bipartisan bill proposing to allocate $30,000,000 for research on psilocybin as a treatment for several mental health conditions.  Of particular interest, it would allow for such research intended to lead to lead to peer-reviewed research on the effects of natural psilocybin mushrooms, rather than synthetics. Specifically, it would require the Department of Health Services to form a committee to review applications for research grants to study the effects of psilocybin on 13 health problems.
• Arizona – Public Initiative – Text Review of The Smart and Safe Act
• Initiative-Smart-Safe-Arizona
• Arizona – As Proposed 2020 – Adult Use Regulations

CALIFORNIA

• California – Letter Re California Psilocybin Legalization Initiative
• California – Submission Letter – California Psilocybin Legalization Initiative

• Senate Bill 519 [would remove criminal penalties for the possession for personal use and social sharing of psilocybin, psilocyn, MDMA, LSD, DMT, ibogaine, and mescaline (excluding peyote)]
• Resolution No. 87731 CMS[City of Oakland resolves no “city funds or resources” can be used “to assist in the enforcement of laws imposing criminal penalties for the use and possession of Entheogenic Plants by adults”]
• Resolution No. 88464 CMS[City of Oakland urges state legislature to immediately enact state laws that decriminalize or legalize the possession and use of entheogenic plants and fungi; to allow local jurisdictions to authorize its citizens to engage in community-based healing ceremonies involving the use of entheogenic plants and fungi without risk of arrest and state prosecution, when practiced in accordance with safe practice guidelines and principles; and that provide legal protections against criminal prosecution for local jurisdictions their elected and appointed officials, practitioners and users operating in accordance with the Oakland Community Healing Initiative (OCHI)]
• Resolution No. NS-29,867[City of Santa Cruz declares the investigation and arrest of individuals twenty-one (21) years of age and older involved with the adult personal use and personal possession of entheogenic psychoactive plants and fungi listed on the Federal Schedule 1 list be amongst the lowest priorities for the City of Santa Cruz]
• Resolution[San Francisco proposes to urge law enforcement officials to make “the investigation and arrest of individuals involved with the adult use of Entheogenic Plants on the Federal Schedule 1 List”  among “the lowest priority for the City and County of San Francisco”]
• Resolution[Berkley proposes to forbid city officials from using city resources to enforce criminal penalties for possession of “entheogenic plants”]

COLORADO

• 2018 Denver Psilocybin Mushroom – Decriminalization Initiative
• Colorado – CPDI 2020 Official Petition Sheet
• Denver Psilocybin Mushroom Decriminalization Initiative

• Initiative 301 [Denver proposes personal possession of mushrooms is the city’s “lowest law enforcement priority”]
• HB19-1263[possession of 4 grams or less of a controlled substance listed in schedule I or II a level 1 drug misdemeanor; except that possession of any amount of gamma hydroxybutyrate (GHB) or a fourth or subsequent offense for possession of 4 grams or less of a schedule I or II controlled substance or any amount of a schedule III, IV, or V controlled substance is a level 4 drug felony]
• Initiative 49[proposes to create psychedelic treatment centers – includes ibogaine, dimethyltryptamine, and mescaline (excluding peyote) as legal “natural medicines”]
• Initiative 50 [proposes to create psychedelic treatment centers – legalizes cultivation, possession and use of psilocybin and psilocin as “natural medicine]
• Initiative 58[revised version of the “Natural Medicine Health Act of 2022]
• Initiative 59 [revised versions of the “Natural Medicine Health Act of 2022]
• Proposition 122 [the Decriminalization and Regulated Access Program for Certain Psychedelic Plants and Fungi Initiative]
• Initiative 61 [would legalize the cultivation, possession and use of psilocybin, psilocin, ibogaine, mescaline, and dimethyltryptamine by people aged 21 and older]
• HB 22-1344[bill states if the United States food and drug administration approves a prescription medicine that contains 3,4-methylenedioxymethamphetamine (MDMA), and if that medicine has been placed on a schedule of the federal “Controlled Substances Act”, other than schedule I, or has been exempted from one or more provisions of such act, then thereafter prescribing, dispensing, transporting, possessing, and using that prescription drug is legal in Colorado in connection with MDMA-assisted therapy for PTSD and other comorbidities]
• Ballot Measure [City of Apsen proposes to make enforcing laws related to the “therapeutic use” of “plant medicines,” such as “ayahuasca, ibogaine, dimethyltryptamine, mescaline, psilocybin or psilocin” the “lowest law enforcement priority]

CONNECTICUT

• Senate Bill 1083[calls upon the Department of Mental Health and Addiction Services to convene a working group “to study the health benefits of psilocybin” and examine “whether the use of psilocybin by a person under the direction of a healthcare provider may be beneficial to the person’s physical or mental well-being]
• House Bill 5506[state budget bill specifically earmarked funds for psychedelic-assisted therapy programs administering psilocybin and MDMA treatments]

DISTRICT OF COLUMBIA

• District Of Columbia – Initiative Measure No. 81 “Entheogenic Plant and Fungus Policy Act Of 2020″

• Initiative Measure No. 81[makes “the investigation and arrest of persons 18 years of age or older, for non-commercial planting, cultivating, purchasing, transporting, distributing, engaging in practices with, and/or possessing entheogenic plants and fungi” among the Metropolitan Police Department’s “lowest enforcement priorities”]

FLORIDA

• HB 725 [the “Collateral Consequences of Convictions and Decriminalization of Cannabis and All Drugs Act”]
• SB348 [“Using Alternative Therapies to Treat Mental Health and Other Medical Conditions”]
• HB193[“Using Alternative Therapies to Treat Mental Health and Other Medical Conditions”]
• HB549 [“The Florida Psilocybin Mental Health Care Act”]

GEORGIA

• HR896 [would create the House Study Committee on Alternative Post-Traumatic Stress Disorder Treatment Resources for Veterans. If formed, the five-member committee would “undertake a study of the conditions, needs, issues, and problems” related to utilizing psilocybin-assisted therapy to treat veterans suffering from PTSD or depression and for other purposes, such as to treat people struggling with addiction]
• Resolution 22-R-4257[City of Atlanta proposes “the investigation and arrest of persons for planting, cultivating, purchasing, transporting, distributing, engaging in practices with, or possessing Entheogenic Plants, Fungi, and Spores or compounds which are on the Federal Schedule 1 list” be the lowest enforcement priority for the Atlanta Police department]

HAWAII 

• Senate Bill 738[would remove psilocybin and psilocyn from the list of Schedule I substances and requires the Department of Health to establish designated treatment centers for their therapeutic administration]
• House Concurrent Resolution No. 174 [calls for a “Medicinal Psilocybin and Psilocin Working Group” to be established in the Health Department and for members to study the current laws governing psilocybin, the existing research related to the “safety and efficacy” of psychedelics for mental health treatment, and propose guidelines for medical professionals to “prescribe and provide psilocybin” to patients]
• Senate Bill 2575[proposing to remove “psilocybin and psilocyn from the list of Schedule I substances” and “establish designated treatment centers for the therapeutic administration of psilocybin and psilocyn”]
• Senate Bill 3160[proposes to have the Hawaii Department of Health create a “therapeutic psilocybin working group to examine the medicinal and therapeutic effects of psilocybin and develop a long-term strategic plan to ensure the availability of therapeutic psilocybin or psilocybin-based products that are safe, accessible, and affordable for adults twenty-one years of age or older]
• SCR100[requests the Hawaii Department of Heath “convene a therapeutic psilocybin working group”]
• SR88 [requests the Hawaii Department of Heath “convene a therapeutic psilocybin working group”]

IDAHO

• Idaho Legislature – Senate Joint Resolution No. 101 – Proposing An Amendment To Article III, 2 of The Constitution Of The State Of Idaho By The Addition Of A New Section 30, Article III, Of The Constitution Of The State Of Idaho Relating To The Production, Manufacture, Transportation, Sale, Delivery, Dispensing, Distribution, Possession, Or Use Of Psychoactive Drugs In The State Of Idaho; Stating The Question To Be Submitted To The Electorate; Directing The Legislative Council To Prepare The Statements Required By Law; And Directing The Secretary Of State To Publish The Amendment And Arguments As Required By Law.

ILLINOIS  

• R2019-735 [City of Chicago proposes an “Expression of support for adult use of Entheogenic Plants and call for hearing(s) to discuss findings from Department of Public Health on feasibility of use of Entheogenic Plants and its plant compounds as alternative treatment options”]

IOWA

• HF459[proposes to remove psilocybin and psilocin from Schedule 1 controlled substances]
• HF636[proposes to create a Psilocybin Services Act to, in part, provide for regulated administration of psilocybin products to individuals 21 years of age and older in the state. The bill would deprioritize criminal prosecution of noncommercial activities related to entheogenic plants and compounds including ibogaine, DMT, mescaline, peyote, psilocybin, and psilocin]
• HF480[proposes decriminalizing certain schedule I controlled substances, including DMT, LSD, peyote, psilocybin, psilocyn, and MDMA, for use by certain patients diagnosed with a terminal illness or a life-threatening disease or condition]

KANSAS 

• HB 2465 [the “Legalized Homegrown Mushroom Act of 2022” proposes to reduce the penalty for individuals cultivating or possessing small quantities of certain controlled substances]
• HB 2288 [proposes to reduce the penalty for individuals cultivating or possessing small quantities of certain controlled substances]

MAINE

• HP 713[proposes to make possession of scheduled drugs for personal use merely a civil penalty]
• SP 496[the Maine Psilocybin Services Act proposes legalized the facilitated use of psilocybin at licensed service centers, similar to Oregon’s Psilocybin Services Act]

MARYLAND 

• SB 709[proposes to establish  a Post–Traumatic Stress Disorder Alternative Therapies Fund]
• HB 1054 [proposes to decriminalize possession of different “de minimis quantities of dangerous controlled substances,” including up to “40 user units of lysergic acid diethylamide (LSD),” and up to “1 gram or 5 tablets of 3,4-Methylenedioxymethamphetamine (MDMA)”]
• SB0784[proposes to decriminalize possession of different “de minimis quantities of dangerous controlled substances,” including up to “40 user units of lysergic acid diethylamide (LSD),” and up to “1 gram or 5 tablets of 3,4-Methylenedioxymethamphetamine (MDMA)”]
• SB0709[proposes to create a state fund to provide “cost-free” access to psychedelics like psilocybin, MDMA and Ketamine for military veterans suffering from post-traumatic stress disorder (PTSD) and traumatic brain injury]

MASSACHUSETTS

• House Bill No. 1494[proposes to establish an interagency task force to study the public health and social justice implications of legalizing the possession, consumption, transportation, and distribution of naturally cultivated entheogenic plants and fungi]
• House Bill No. 2119[proposes to replace the criminal penalty for unlawful possession of certain controlled substances with “a civil fine of not more than fifty dollars or participation in a needs screening to identify health and other service needs, including but not limited to services that may address any problematic substance use and mental health conditions, lack of employment, housing, or food, and any need for civil legal services”]
• Agenda Item 211137[City of Somerville resolves no “city funds or resources” shall be used “to assist in the enforcement of laws imposing criminal penalties for the use and possession of entheogenic plants by adults”]
• Policy Order POR 2021 #24 [City of Cambridge resolves to deprioritize cranial enforcement of drug offenses]
• Resolution R021.207 [City of Northampton resolves to deprioritize cranial enforcement of drug offenses]
• Bill H.1494 [proposes establishing a task force to study equitable access to entheogenic plants]
• Resolution[City of Easthampton proposes that “the arrest of persons for using or possessing controlled substances for personal adult therapeutic, excepting Lophophora and animal-derived controlled substances” and “the investigation and arrest of persons for planting, cultivating, purchasing, transporting, distribution by caregivers, engaging in practices with, and/or possessing entheogenic plants, for the purpose of therapeutic purposes” “shall be amongst the lowest law enforcement priority”]
• A Resolution Protecting Adult Access to Plant Medicines & Prioritizing Public Health Responses to Controlled Substance Possession [City of Amherst proposes deprioritized enforcement of “possession of controlled substances by adults, except the use of endangered plants and animal-derived controlled substances”]

MICHIGAN 

• Resolution 20-1389[proposes the investigation and arrest of persons for planting, cultivating, purchasing, transporting, distributing, engaging in practices with, or possessing Entheogenic Plants or plant compounds which are on the Federal Schedule 1 list shall be the lowest law enforcement priority]
• Policy Directive 2021-06[prosecutors must no longer file criminal charges for use, possession, and cultivation of entheogenic plants, and that purchasing, transporting, and distributing them would be the lowest law enforcement priority, with a “general presumption against filing criminal charges relating to the small-scale sale or distribution”]
• Proposal E[Detroit to enact a city ordinance decriminalizing “the personal possession and therapeutic use of Entheogenic Plants by adults and make the personal possession and therapeutic use of Entheogenic Plants by adults the city’s lowest law-enforcement priority]
• Ballot Initiative[would overhaul Michigan drug laws and would decriminalize possession of Schedule 1 and 2 substances, including psilocybin, psilocin, ibogaine, peyote, and dimethyltryptamine as “Natural Plants and Mushrooms” which would be legal for anyone over 18 years old to cultivate, possess, use, or gift]
• A Resolution[to decriminalize “Entheogenic Plants”]
• Resolution [East Lansing would have made “the investigation and arrest of persons for planting, cultivating, purchasing, transporting, distributing, engaging in practices with, or possession of Entheogenic Plants” among the lowest law enforcement priorities]
• Resolution[City of Hazel Park proposes to make September “Entheogenic Plant and & Fungi Awareness Month”]

MISSOURI 

• HB 869 proposes that patients could obtain psilocybin for the treatment of post-traumatic stress disorder (PTSD), severe depression, terminal illness or any other condition where traditional therapies haven’t worked if approved by regulators. Proposes to provide affirmative defenses against criminal prosecution for patients who possess up to four grams of the psychedelic, as well as doctors, caregivers and professionals who provide psilocybin services.
• HB 2429 [would expand Missouri’s Right to Try Act to no longer prohibit people with terminal or life-threatening illnesses from using substances such as MDMA, psilocybin mushrooms, LSD, DMT, mescaline or ibogaine with a doctor’s recommendation after exhausting all other approved treatment options, if they qualify as an “investigational drug.” The bill would also reduce penalties statewide for low-level possession of those drugs]
• HB 2469 [proposes to decriminalize possession of small quantities of several scheduled substances, including MDMA, LSD, and psilocybin]
• HB 2850[proposes to legalize certain “natural medicines” including: ibogaine, psilocybin and psilocin if derived from fungi, DMT and mescaline excluding Lophophora williamsi (peyote) to treat a variety of medical conditions]

MONTANA

• Montana-2021-SB215-Introduced

NEW HAMPSHIRE 

• HB328 Proposes to legalize the possession and use by adults of psychedelics such as LSD and psilocybin.
• HB1349-FN[decriminalizes possession or use of a certain amount of psilocybin mushrooms by a person 18 years of age or older]

NEW JERSEY 

• Senate Bill S3256 [provides possession of one ounce or less of psilocybin is a disorderly persons offense]
• Bill S2934[Psilocybin Behavioral Health Access and Services Act would authorize production and use of psilocybin to promote health and wellness; decriminalizes, and expunges past offenses involving, psilocybin production, possession, use, and distribution]

NEW YORK 

• Bill No. A8569[proposes to create psilocybin service centers to provide innovative treatment options for ailments such as PTSD, depression, alcohol dependency, anxiety, among others]
• A7928 [would establish a public psychedelic research institute and a psychedelic substances therapeutic research program]
• A10299 [decrimiinlaize psilocybin)
• A7109 [would eliminate criminal and civil penalties for possession of controlled substances]
• S1284 [would eliminate criminal and civil penalties for possession of controlled substances]

OHIO 

• SB 3[reform drug sentencing laws by reducing penalties from felonies to misdemeanors for certain drug possession convictions]

OKLAHOMA

• HB 3174[creates a pathway for academic medical centers and physicians licensed in Oklahoma to obtain certification to conduct clinical trials using psilocybin]
• HB 3414[proposes increasing psilocybin research by allowing anyone over 18 suffering from a list of specified conditions to participate in clinical trials]

OREGON

• Oregon Initiative Petition 2020-012 Letter
• Oregon Initiative – Oregon Psilocybin Services Program
• Oregon Psilocybin Initiative [Draft]
• Draft Text – Oregon Drug Addiction Treatment and Recovery Act
• Oregon Act Re Psilocybin
• Oregon – Petition Reduce Psilocybin Criminal Penalties
• 2018 Oregon Psilocybin Mushroom Initiative
• Oregon Initiative – Ip 34 – Oregon Psilocybin Services Act.
• Oregon Initiative – Ip 44 – Drug Addiction Treatment and Recovery Act
• Oregon – City of Portland Charter Amendment Decriminalization of Natural Psychedelics
• Licensing Subcommittee – Oregon Psilocybin Advisory Board – Proposed Client Bill of Rights
• Oregon Psilocybin Advisory Board Rapid Evidence Review and Recommendations – July 30, 2021

• Measure 109, the Oregon Psilocybin Services Act [directs the Oregon Health Authority (OHA) to license and regulate the manufacturing, transportation, delivery, sale and purchase of psilocybin products and the provision of psilocybin services]
• Measure 110, the Drug Addiction Treatment and Recovery Act [reclassified personal possession of small amounts of drugs as a civil violation]
• SB 1580[would create a task force to investigate and make recommendations about how to address issues related to equity and access to psilocybin service under Oregon’s psilocybin services program]

PENNSYLVANIA

• HB 1959 [authorizes clinical study of the efficacy and cost/benefit optimization of psilocybin-assisted therapy in the treatment of PTSD, traumatic brain injury and various mental health conditions, with prioritization of funding and treatment for veterans, first responders, and their families]
• HB 2421 [the Psilocybin Data Act provides for research and clinical studies of psilocybin and psilocybin-assisted therapy]

RHODE ISLAND 

• Senate Bill 604[decriminalize minor drug possession
• HB7715[decriminalizing possession of psilocybin and buprenorphine]
• HB 7896 [decriminalize possession of up to one ounce of any “controlled substance classified in schedules I, II, III, IV, and V, except the substance classified as fentanyl] Possession of up to one ounce of these controlled substances would result in a $100 fine for a first offense, and up to $300 for subsequent offenses.

TEXAS 

• HB1802[calls for a study led by the Department of State Health Services to evaluate the therapeutic efficacy of alternative therapies including MDMA, psilocybin, and ketamine for the treatment of specific mental health and medical conditions including depression, anxiety, PTSD, bipolar disorder, chronic pain, and migraines]

UTAH

• House Bill 167[creation of a task force charged with providing evidence-based recommendations on any psychotherapy drug that the task force determines may enhance psychotherapy when treating a mental illness]

VERMONT 

• House Bill H.309[decriminalize compounds found in plants and fungi that are used for medicinal, spiritual, religious, or entheogenic purposes, including psilocybin, psilocin, mescaline, peyote, DMT, and ibogaine]
• House Bill H.422[decriminalize possession of “personal use supply” of certain drugs]
• House Bill H.644[decriminalization of a personal use supply of a regulated drug]

VIRGINIA

• SB 262[to decriminalize possession of psilocybin and psilocin]
• HB 898[decriminalization of peyote and ibogaine possession in addition to psilocybin and psilocin]

WASHINGTON

• Washington – Initiative No. 1886 – Relating to Access to Psilocybin Services By Individuals 21 Years Of Age And Older

• SB 5660 [would legalize the supported adult use of psilocybin by people 21 years of age and older]
• SB 5476[encourages law enforcement officers and prosecutors to divert first and second-time possession offenders]
• Resolution 32021[Seattle City Council declaring investigation, arrest, and prosecution of anyone engaging in entheogen-related activities “should be among The City of Seattle’s lowest enforcement priorities.”]
• Resolution No. 21-088 [City Council of Port Townsend, Washington declares “The investigation, arrest, and prosecution of adults engaging in entheogen related activities, including but not limited to the cultivation, gathering, and sharing of entheogens for use in religious, spiritual, healing, or personal growth practices, should be among the lowest enforcement priorities for the City of Port Townsend when done in a nonpublic place.”]
• SB 5693 [includes a proposal to direct $200,000 in funding to support a new workgroup to study the possibility of legalizing psilocybin services]

WEST VIRGINIA 

• HB 3113[proposed removing certain substances from schedule I of the Uniform Controlled Substances Act, including psilocybin]