In this episode, Joe interviews Ariel Clark: Anishinaabe attorney and co-founder of the Psychedelic Bar Association, a national association of lawyers involved in the highly-regulated ecosystem of psychedelic law.
She talks about ethics: How do the different societal norms of each lineage we carry interact with each other? What is the cultural framing that informs those ways of knowing, and do we align with it? Is there a code of ethics we can all agree on? As the rush to legalize psychedelics increases, Clark finds herself at a crossroads of wondering if our actions are really of service to the greater good: Can the overculture legalize psychedelics effectively, while doing less harm to Indigenous culture and the medicines themselves?
She discusses:
The challenges of working in psychedelic law with all of the other factors at play: How do you ethically support a client?
The idea that these medicines can have agency – even the synthetic ones
Shifting from a Western mind state of “what are my rights?” to an Indigenous frame of: “What are my responsibilities?”
Her story of healing from debilitating back pain with psychedelics and spiritual alignment
The need for public education to be at the center of future legislation attempts
Diagnosed with the neurological disorder, Charcot-Marie-Tooth (CMT), Roullier tells the story of how cannabis replaced all her medications, which led to a personal journey and career centered on cannabis education. She talks about the challenges patients face in today’s rapidly evolving cannabis markets, misconceptions surrounding cannabis, the ignorance of many budtenders, and how not knowing enough can lead to an underwhelming high. She discusses how she educated people in shops and how her book was written to teach people how to ask the right questions to not only ensure a safe and effective experience, but to also give them the experience they’re looking for.
She talks about:
The early days of Michigan’s medical program and the state’s current attempt to essentially combine medical and recreational markets
Cannabis culture and an emerging “I can take more milligrams than you” bravado
Why understanding terpenes and the entourage effect can be game-changing toward finding a preferred strain
The rise of hemp-derived THC products, the regulatory loopholes they exploit, and their potential risks
Why home growers and caregivers are essential to the cannabis ecosystem
Whether you’re a drug user or not, society as a whole has been hurt tremendously by the War on Drugs. Can we win the battle with education and sensible policy?
In this episode, Joe interviews Kat Murti: executive director of Students for Sensible Drug Policy (SSDP), the largest nationwide network of students fighting to replace the War on Drugs with policies rooted in evidence, compassion, and human rights.
She talks about how she became interested in drug policy, which not surprisingly aligns with the many problems of The War on Drugs: how it’s a war on people, personal liberty, and our communities; how laws are not effective in enforcing morality; and how getting in trouble with the law often incentivizes more illegal activity. We all know that our current system doesn’t work and that the drug war no longer appeals to most reasonable people, but how can we move towards sensible policy? She discusses previous successes (both at SSDP and before), and some of their current projects, from the work they’re doing with fentanyl strip training and distribution, to education work at festivals and their program, “Just Say Know.”
She talks about:
How drug policy isn’t going to look the same everywhere and shouldn’t: How do we effectively use different models in different places together for the benefit of everyone?
The dangers of forcing drug users through drug courts and treatment centers
The repealing of Oregon’s Measure 110 and how it’s unfair to blame its failure on problems that already existed in the state
Their new focus on how the War on Drugs specifically affects women and reproductive rights, inspired by Louisiana recently scheduling Mifepristone and Misoprostol
In this episode, Joe interviews Veronica Lightning Horse Perez: therapist, speaker, author, activist, and co-chief proponent for the Natural Medicine Health Act of 2022 (Prop 122); and Sean McAllister: attorney specializing in the regulatory, health care, business, and religious freedom aspects of psychedelic medicines, and one of the drafters of Prop 122.
They dive into the details of Prop 122 and discuss why it’s the most freeing legislation we’ve seen, but also very complicated in the clash between an expensive regulated side and a risky and ambiguous decrim side. While the implementation process continues, they’ve learned that there is still a huge need for public education, and that one of the most important tasks now is to be hyper aware of how legislators will try to change what people already agreed on.
They discuss:
The Federal vs. state legality issues we still see even after such sweeping legislation
The huge gap in understanding why Indigenous communities are upset and why they need to be included in all discussions
The Religious Freedom Restoration Act and the complications of religion when many of us simply feel spiritual
The natural vs. synthetic fallacy and the future of churches offering a synthetic sacrament
The ontological shock many have after a big experience and why churches and community are needed to help guide people
In this episode, Joe and Kyle finally meet up again for the first episode of Psychedelics Lately: the updated version of the much-missed Psychedelics Weekly, where they’ll meet each month to talk about the most interesting stories in psychedelics.
The main story this month is the fate of Massachusetts’ Question 4: Regulated Access to Psychedelic Substances Initiative (The Natural Psychedelic Substances Act). They discuss what they like about the bill, its opposition, and its support, including actress Eliza Dushku Palandjian, who went from a diagnosis of PTSD and an in-the-psychedelic-closet underground experience to becoming a very public, soon-to-be certified psychedelic facilitator. If you live in Massachusetts, make sure to read about the bill and get out and vote this Tuesday (or now, if you’re registered for early voting).
They also discuss:
Joe’s recent east coast travels to Harvard and the PhilaDelic conference
Alfred North Whitehead and Process Philosophy
The Psychedelics and Pain Association, and Court Wing’s involvement in the first published case report of complex regional pain syndrome being treated with psilocybin
The scientific community needing to embrace more experientially-based approaches and practices
The challenge of making meaning out of the mystical
The U.S. Drug Enforcement Administration (DEA) is poised to ban two psychedelic compounds, DOI and DOC, which could deliver a disastrous blow to psychedelic science and research if successful.
The United States is one of the most advanced societies because our visionaries have the freedom to innovate. That is, unless, we’re talking about drugs. The U.S. government has sweeping blinders on when it comes to researching and developing psychoactive compounds, especially hallucinogenic ones that target the 5-HT2A serotonin receptor.
Nearly every one of these classic psychedelics exists as a Schedule 1 illicit substance. And if the DEA has its way, the last remaining unregulated, DOI and DOC, will suffer the same fate.
A hearing this November, led by attorney Robert Rush Esq., will elucidate what comes next.
What are DOI and DOC, and Why Do They Matter?
DOI (2,5-dimethoxy-4-iodoamphetamine) and DOC (2,5-dimethoxy-4-chloroamphetamine) are relatively obscure synthetic psychedelic compounds in the amphetamine class. They bind to and activate 5-HT2A receptors, just like psilocybin, LSD, and DMT, influencing everything from decision-making and pain-processing to gut function.
One property that makes DOI and DOC unique is their strength – only small dosages are reported to produce 20 to 36-hour trips.
Scientists are so fascinated by DOI and DOC’s mechanism of action that they’ve published nearly 1,000 papers on the substances. DOI, in particular, has been used to map 5-HT2A distribution in the brain and understand the receptor’s functions, including memory, learning, and sensory perception.
“It’s not a stretch to say that the results of my research could inform future therapies in humans,” Ramos told Psychedelics Today.
Ramos explained that scientists today can freely explore these substances for planned experiments or to test spontaneous ideas. However, a Schedule 1 Controlled Substances Act (CSA) designation will strip them of that liberty.
“It will stifle spontaneity and creativity. It will stifle progress,” said Ramos.
The DEA, however, takes a wildly different stance. In December 2023, the notoriously conservative organization initiated its second attempt to brand DOI and DOC as illegal, lacking any medical value and high abuse potential.
If the DEA’s legal effort succeeds, these compounds will be criminalized, and Dr. Ramos and other non-DEA registered scientists must immediately cease research. To restart, they’ll need to undergo a lengthy, cost-prohibitive process seeking institutional, federal, and state approvals, according to Ramos. Unfortunately, most unpublished work will never be see the light of day.
Inside the Fight to Keep DOI and DOC Research Alive
Fortunately, Ramos’ lawyer, Robert Rush, refused to let the DEA proceed without resistance.
“I was nervous that the scheduling would go through, so I connected with people who might be interested parties [in challenging the decision]. I filed the request for a hearing 30 minutes before the post office closed on the deadline. It came together at the last minute,” said Rush.
Rush filed a request on behalf of Ramos and two other academic researchers. Elijah Ullman, a molecular neuropharmacologist, filed a separate request for Students for Sensible Drug Policy (SSDP). David Heldreth, CEO of Panacea Plant Sciences (PPS), also filed a hearing request.
In a recent development, Administrative Law Judge Paul Soeffing denied the DEA’s request to block a number of witnesses, including experts from SSDP and Panacea Plant Sciences (PPS), from testifying at the upcoming hearing. While the judge granted some of the DEA’s motions to exclude specific evidence, this ruling represents a partial victory for the researchers and organizations challenging the ban. However, the judge noted that the relevance of the witnesses’ testimony would still be determined later during the hearing.
The hearing, which starts November 12, will draw prominent witnesses, including psychedelic researchers Dr. David Nutt and Dr. David Nichols, to present the case for DOI and DOC’s utility for developing new therapeutic drugs.
“I have many colleagues who work with these compounds who will testify in the upcoming hearing, and that is only a subset of the research community,” said Ullman, who has been interested in science policy since he was a teen.
Ullman added, “The DEA alleges that DOI and DOC should be placed in Schedule 1 because of their high potential for abuse, but this does not align with over 40 years of data.”
To his point, not one DOI or DOC use report existed before 2005. After 2005, the DEA registered only 45 DOI seizures across local, state, and federal registries throughout a 13-year period. DOC confiscations were more common but mounted to a mere average of 60 annually nationwide. Most reports involved small-scale seizures in forms like blotter paper or powder that do not even register a mention in the DEA’s 2024 National Drug Threat Assessment.
Adverse events linked to DOI and DOC are also scarce. The DEA referenced just three case reports of serious reactions in its Schedule 1 recommendation, including one death related to DOC and caffeine in a 37-year-old with a history of methamphetamine abuse. DOI was not included in any of these reports.
The DEA’s push to classify these substances as Schedule I, despite the small number of incidents, limited evidence of recreational use, and their admission that physical dependence is not an issue, suggests an overreaction rooted in dogma rather than legitimate concern.
“I believe data integrity matters in policy decisions, and since the data does not align with the DEA’s viewpoint that it should be scheduled, it should not be,” said Ullman.
Rush adds that DOI and DOC’s day-long trips make the compounds highly undesirable for personal use.
“No one is seeking a 36-hour psychedelic experience,” said Rush. “There is no illicit drug trade. No one really wants [DOI and DOC], quite frankly.”
No one, except researchers, who assert that the compounds have transformed their understanding of brain function and disease. They’ve helped us learn that serotonin receptors are “much more than a ‘feel-good’ chemical,” according to Ullman.
“There’s incredibly cool data from Charles Nichols’ lab at Louisiana State University showing a reduction in airway inflammation in rodent asthma models with doses significantly less than that one that causes intoxication… A whole new class of anti-asthma medicines could arise because of DOI research, improving millions of lives worldwide.”
What Comes Next in the Legal Battle for DOI and DOC?
Rush and Phelps will present significant evidence during the 10-day hearing next month to counteract the DEA’s claims. Afterward, the judge will make his non-binding recommendation and send it to the administrator. Then, it’s up to the DEA to decide.
The recent ruling denying the DEA’s attempt to block key witnesses further bolsters the opposition’s case, adding momentum as they prepare to present evidence and testimony.
If the judge finds in the petitioners’ favor, the administrator could adopt the judge’s ruling
“There’s always a chance the DEA could do the right thing,” said Rush.
However, it could also ignore a favorable ruling and proceed with scheduling. If that happens, Rush said he will not give up. The next step will be to move forward with litigation, where he will challenge the organization’s rule-making authority in court.
“We have to check the DEA’s excessive power,” said Rush.
The Bottom Line
The DEA has been extraordinarily aggressive in scheduling psychoactive drugs since establishing the Controlled Substances Act of 1970, and if history repeats, DOI and DOC will not be spared. We’ve seen that their attempts to control chemicals have exacerbated cartel violence, spurred countless unjust arrests, and stifled scientific progress, especially regarding psychedelics and mental health interventions. Let’s hope sensibility and freedom win this time.
Want to show your support for the cause? Considerdonating to SSDP to help them raise funds to bring the case’s witnesses, all university researchers, to the 10-day hearing.
With the passing of the Natural Psychedelic Substances Act (Question 4), Massachusetts could be the next state to follow in Colorado and Oregon’s footsteps and legalize and regulate natural psychedelics.
In this episode, Joe interviews two people on the frontlines of the campaign, Graham Moore and Community Engagement Director, Jamie Morey.
They discuss the specifics of the initiative, listed on the ballot as the “Limited Legalization and Regulation of Certain Natural Psychedelic Substances,” including the removal of criminal penalties for limited personal use, and the establishment of a regulatory agency that will provide therapeutic access to any of five natural psychedelics (psilocybin, psilocin, DMT, mescaline, and ibogaine). They tell their stories of how they discovered the power of psychedelics, and discuss the work they’re doing, educating a fairly interested – but still very hesitant – public about the bill and the importance of it passing this November.
They talk about:
The significance of this happening in Massachusetts, especially with the amount of biomedical research happening in Boston
The story of a member of Baystaters creating a fraudulent persona in a veterans advocacy group to fight against legalization efforts
The challenge of getting people to publicly support initiatives that deal with illegal substances
The power of small steps in legislation: Before this bill, MA had the most local measures in the U.S.
How data collection should be handled at service centers
The psychedelic space was dealt a huge blow when the FDA decided not to approve MDMA-assisted therapy for PTSD under Lykos’ proposal. Was the FDA fair to Lykos? And what are the next steps for Lykos and MAPS?
Doblin tells his side of the story: that the FDA’s concerns with double blinding not working had been fully addressed ahead of time, that they had negotiated agreements that were no longer agreed to when new FDA employees came on board, that there was a lot of confusion from going back and forth with the FDA on how Phase 3 studies should be designed, and more. He believes that Lykos made a massive mistake in assuming that provable science was more important than public opinion, and that ignoring critics who were saying whatever they wanted caused them to lose control of the narrative – which clearly influenced the advisory committee. While Lykos figures out their next steps with the FDA, MAPS is focusing their attention on what they feel is most important in light of this ruling: better public education and drug policy.
He talks about:
How there’s a bias at the FDA to be harsh: Does automatically saying no just make it look like you’re being rigorous?
The work of the Dutch government in researching MDMA, and Lykos’ odd decision to not highlight any of it
Why federal agents at Burning Man work so hard to give tickets to attendees for smoking cannabis
Why sharing stories of your positive experiences with psychedelics is so important
and more!
MAPS has announced that 2025’s Psychedelic Science conference will be in Denver, June 16-20, and will have experiential opportunities before and after. If you’d like to donate to MAPS, please do so here.
While legislators in several states are crafting their own psychedelic legalization bills, are Indigenous communities being included?
In this episode, Kyle interviews Gabriela Galindo: program coordinator of FLOWS (Foundations for Leaders Organizing for Water and Sustainability), an organization working towards social and environmental justice, ecosystem restoration, community building, and the preservation and protection of Indigenous medicines.
She discusses her entry point to psychedelics and how she got involved with Colorado’s Natural Medicine Health Act (Prop 122) when she saw a complete absence of Indigenous representation in the legislature. The narrative that we all have a right to healing and that these medicines belong to everyone is pretty common today, but Galindo argues that this is not fair: that each plant has its own history, and that each is protected by its own culture. Shouldn’t the communities that have stewarded these medicines for centuries have a say in whether their medicine is going to be shared and legislated at the state level? Shouldn’t they have the ability to consent to these new proposals?
She talks about:
Why she likes using ‘movement’ instead of ‘renaissance’ when discussing our psychedelic culture
What we could learn from Indigenous people’s harmony with nature as we face an ongoing climate crisis
The balancing act of pleasing everyone: Would decriminalization be as supported if Indigenous communities wanted to keep some of these substances criminalized for the protection of their culture and their ecosystems?
How psychedelic communities should evolve to include community work into their routines: What do local communities need and how can you help?
The importance of knowing when to step aside and truly center a community voice
Join the Psychedelics Today team for a live podcast taping at the Plant Magic Cafe in Denver, CO.
Co-Founder Joe Moore will host a discussion with Veronica Lightning Horse Perez and Attorney, Sean T. McAllister, exploring community-use models in Colorado, harm reduction, and the need for education beyond practitioner programs.
This event is perfect for anyone interested in open discussions and expanding their knowledge. Don’t miss this chance to connect with a vibrant psychedelic community and learn about our Vital program.
Program overview:
6:00pm: Doors Open
6:30pm: Program begins
7:30-8:30pm: Gather and network
**Food and Refreshments from Plant Magic Cafe will be available for purchase after the program/during the networking portion.
After years of work, MAPS/Lykos was finally able to present MDMA to the FDA as a possible tool in the fight against PTSD, only to be denied in devastating fashion. Just why did the FDA reject MDMA-assisted therapy for PTSD?
In this episode, Joe interviews Ingmar Gorman, Ph.D.: clinical psychologist and co-founder and CEO of Fluence, a psychedelic education company.
Gorman served as a co-principal investigator and study therapist on MAPS’ Phase II and III clinical trials for MDMA-assisted psychotherapy for PTSD, and works with drug sponsors: training, developing the components for clinical trials, and designing therapy manuals. With his insider’s perspective, he discusses the reasons why he believes the FDA rejected MDMA-assisted psychotherapy for PTSD: from ICER’s 2.1 section of the report giving legitimacy to allegations they don’t have the authority to research, to Lykos not being able to defend some accusations due to confidentiality, to the damage caused over time (which likely influenced the decision) from attacks against Lykos from dissenters.
He discusses:
How, despite abuse claims, the main allegations in the report were actually about the mishandling of data or influence of investigators on participants
The complications of needing to follow study frameworks: Should your adverse experience be in the report if it happened outside the study window?
How easily opposition can attack and demonize a faceless company, while forgetting the humanity of the people behind it
Inner healing intelligence and the proposition that people have been indoctrinated into this concept by MAPS
The need for journalists to research more and not just jump on a narrative
Lykos’ psychedelic-assisted therapy model was meant to reinvent mental healthcare as we know it. Its PTSD protocol, which included preparation support, three guided MDMA therapy sessions, and integration counseling, took a bold step toward merging pharmacology with psychotherapy. But the FDA’s decision to reject it may force the psychedelic industry to pivot from resource-intensive and holistic to streamlined and pharma-friendly.
How We Got Here: Understanding the FDA’s Rejection
On Aug. 9, Lykos announced that the U.S. The Food and Drug Administration (FDA) rejected its new drug application (NDA) for MDMA-assisted therapy for PTSD. The company’s press release was so matter-of-fact and measured that I had to read it twice to grasp the meaning.
Eventually, my eyes refocused on two sentences: “The FDA communicated that it had completed its review of the NDA and determined that it could not be approved based on data submitted to date. The FDA has requested that Lykos conduct an additional Phase 3 trial to further study the safety and efficacy of midomafetamine (MDMA).”
I’ve investigated the infamous MDMA hearing in prior articles, so I’ll spare the exhaustive details here. But to briefly recap, PDAC members who lacked psychedelic expertise said that Lykos’ statistically significant clinical data was unreliable. It determined the trials contained inherent design flaws and feared that alleged misconduct, although unsubstantiated, could have skewed the data. Nine of eleven panelists said the NDA was not ready for approval.
PDAC’s vote confused many advocates, who noted that Lykos followed the FDA’s draft psychedelic therapy FDA approval guidance. Others pointed out that MAPS and the FDA co-created the trial design through a Special Protocol Assessment in 2017.
In the FDA’s words, “We have completed our review and, based on the information submitted, agree that the design and planned analysis of your study adequately address the objectives necessary to support a regulatory submission.”
Dr. Scott Shannon, Principal Investigator in MAPS Phase 2 and 3 clinical trials, added that the FDA thoroughly investigated MAPS’s research sites during the trials to ensure proper data acquisition.
However, the advisory committee ignored these facts. Instead, they lamented over Lykos’ drug plus psychotherapy protocol, consistently questioning its validity and whether emotional support was even necessary alongside MDMA to alleviate PTSD. Worse, despite blatant contrary evidence, they asserted that MAPS’ FDA-aligned MDMA therapy protocol could do patients more harm than good.
Facing the Fallout: Lykos’ Next Steps
Lykos must now conduct a third Phase 3 clinical trial to overcome issues it thought were ironed out. The new trial will take at least two years and cost millions of dollars the team may not have.
In preparation, Lykos laid off 75% of its workforce, discontinued funding MDMA therapy research in Europe, and radically shifted its leadership team.
Rick Doblin, PhD, founder of Lykos’ non-profit parent company MAPS, resigned from the board shortly after the MDMA therapy FDA rejection.Doblin, a beloved psychedelic trailblazer and somewhat controversial figure, said his activist nature interfered with Lykos’ regulatory path. He will now pursue MAPS’ broader research, education, and policy reform goals.
Upon Doblin’s departure, Lykos hired a seasoned pharmaceutical executive, Dr. David Hough, to oversee the NDA’s next steps. In a recent press release, Lykos Chairman Jeff George said, “Dr. Hough is a consummate industry professional and exactly the right person to lead the crucial work of engaging with the FDA for our resubmission.”
Hough’s resume includes bringing Spravato (esketamine nasal spray) to market at Johnson & Johnson, where he led compound development and the medical, scientific, and regulatory processes.
Spravato is a ketamine-analog medication with dissociative psychedelic properties prescribed for major depressive disorder. The FDA approved Spravato’s NDA in 2019 with a protocol requiring patients first to prove that traditional antidepressants failed before becoming eligible for coverage.
Glaringly, Spravato’s application did not include therapeutic intervention, begging the question, could Hough have similar plans for MDMA?
A New Path for Psychedelic Therapy?
The future of psychedelic-assisted therapyremains uncertain. Doblin, among others, believes that Lykos will eventually bring MDMA therapy to the masses, but following the FDA rejection, he has grave concerns about the direction the industry might take.
On a recent Modern Enlightenment podcast by Ceremonia, he expressed fears that the FDA’s decision could have a chilling effect on future psychedelic NDAs, setting a hands-off precedent he deems immoral.
Doblin told Ceremonia, “We (MAPS) had suggestions that it might be interesting to do a study just giving people MDMA without any support, but Michael Mithoefer, our lead psychiatrist, myself, and others thought it would be unethical to do that.”
“…stuff comes up [on MDMA], and if you’re not capable of processing it, you can end up worse off,” he added.
Doblin also articulated why he believes MDMA alone is insufficient to extinguish PTSD.
He explained that 40% of Lykos’ clinical trial participants had previously tried MDMA recreationally before joining the study. If the drug alone were all they needed, these patients would’ve been cured of PTSD. But they weren’t. Many had suffered for years without relief. And it was the combination of MDMA plus psychotherapy that finally helped them achieve remission.
Doblin explained, “It’s not about the drug. It’s about how you process. And it also is not just about the drug experience. It’s about integration. It’s also about preparation. All of that is what contributes to the outcomes.”
In other words, the idea that a psychedelic experience alone can cure mental health issues ignores the complexities of trauma and the human psyche.
Nevertheless, the FDA skepticism about MDMA therapy means psychedelic NDAs may start to look like Spravato’s, or they may follow the “psychological support” approach that pharmaceutical companies Compass Pathways (Compass) and Mind Medicine (MindMed) are promoting.
“Profit-oriented companies like Compass are minimizing any psychotherapeutic angle. They just want [psychedelic medicine] to fit into the psycho-pharm model that people understand,” said Shannon.
He added, “I have to tell you that 95% of the people that I know in the psychedelic realm don’t believe in that {approach},” he added.
According to Shannon, “psychological support” means licensed therapists are on-site during drug administration. But instead of providing counseling intervention, they serve in more passive roles, stepping in only to prevent psychological harm when necessary.
“[This approach comes from] people stuck in the old ways. People who want something comfortable and not challenging. This is what fading, failing paradigms do. They try to prevent new ideas from coming in,” said Shannon.
Will Lykos Carry MDMA Therapy to the FDA Finish Line?
Lykos has vowed to bring this novel psychedelic medicine to the current regulatory framework. However, industry insiders think its new Phase 3 trial will introduce different study design elements that could render the original protocol unrecognizable.
At the very least, Lykos may need to shift from integrative, holistic therapies, like Internal Family Systems, Hakomi, and Holotropic Breathwork, to accepted “evidence-based approaches” like Cognitive Behavioral Therapy (CBT) that fit neatly into the traditional medical structure. CBT can be effective for PTSD, but today’s mental health crisis proves it is remarkably substandard.
Amid the tug-of-war between innovation and convention, I fear psychedelic-assisted therapy, as we now know it, may be headed toward extinction. But I won’t mourn its passing. Instead, I’ll see this phase as a metamorphosis—where the old form dissolves, making way for a model that adapts to today’s framework while (hopefully) preserving the transformative essence of psychedelic healing.
While Oregon and Colorado make all the headlines around establishing legal frameworks for psychedelic use, much is happening behind the scenes in other states. One state is Illinois and what they hope to accomplish with the Illinois CURE Act.
In this episode, Joe interviews Jean Lacy: Executive Director of the Illinois Psychedelic Society; and La Shawn K. Ford: 17-year member of the Illinois House of Representatives, representing the 8th District.
Together, they are working on the CURE (Compassionate Use and Research of Entheogens) Act, which aims to decriminalize plant medicines and bring a state-regulated model for psychedelic use to Illinois. Similar to Oregon’s model – but with hopefully a more cohesive ecosystem – it would include service centers, different license types, the removal of psilocybin and psilocin from the controlled substances list, and a percentage of taxes allocated to the education of first responders and law enforcement. Guided by the mistakes of cannabis legalization, they’re putting a lot of focus on accessibility – not just for consumers, but for people trying to get licenses and open businesses. What does equity and inclusion look like in a psychedelic service model?
They discuss:
The need to educate lawmakers about psychedelics and shine a light on the myths and lies of the Drug War
The importance of understanding the process when working with lawmakers: When it’s done right, democracy can actually happen
Why conversations about accessibility and certain provisions need to happen up front, as bills are being written
The impact of bipartisan support, and how bipartisan psychedelics are starting to become
The overwhelming support for the CURE Act that Rep. Ford has seen, from people of all walks of life
and more!
If you want to help, please sign their petition and/or make a donation. And if you want to help on a larger scale, get out there and have those conversations: Tell your story, and tell it to lawmakers. Your voice can make a bigger difference than you realize.
In July 2022, a story sent shockwaves through the psychedelic community: an Indiana nurse and mother of five was about to be sentenced to 10 years in prison for growing mushrooms after she’d learned that microdosing psilocybin might improve her 20-year struggle with treatment-resistant depression.
Jessica Thornton (who now goes by Jessica Fitzmaurice) was charged with two felonies: dealing a scheduled substance and child endangerment. After an intervention from Tarin Hale, an Ohio lawyer who eventually became her legal advisor and helped her hire new counsel, she was given a suspended prison sentence and placed on 18 months’ probation with 180 days of house arrest. Eventually, her charges were reduced to a misdemeanor—something she refers to today as “a triumph.”
Two years later, the case is a shining representation of the jarring legal dichotomy in the United States when it comes to psychedelics; one in which a patchwork of county and state laws is in stark contrast with federal regulations that continue to classify psilocybin and other psychedelics as Schedule I substances (this means they possess “a high potential for abuse, no currently accepted medical use in treatment, and a lack of accepted safety for use under medical supervision”).
From within the psychedelic echo chamber, it might feel like psychedelics are widely accepted, but the fact is, psychedelics are illegal in far more jurisdictions than they are not.
Shortly after the story was broken in Psychedelic Spotlight, readers shared their thoughts on Twitter (now known as X), describing the case as “shameful” and “pure insanity.” On a Reddit post in the subreddit r/Indiana, her actions were dubbed a “victimless crime.” Many had choice words for elected officials in Indiana, where psychedelic drug laws have not yet caught up to the sweeping changes that have occurred in other jurisdictions. In neighboring state Michigan, for example, criminal enforcement of the possession and use of psychedelics has been deprioritized in five cities, including Detroit and Ann Arbor.
During her probationary period, Fitzmaurice was unable to speak with the media about her case. For the first time since July 2022, she is breaking her silence. In an exclusive interview, she told Psychedelics Todayjust how profoundly the case has impacted her life—and how she’s moving forward.
Living with Treatment-Resistant Depression
A neonatal nurse and mother of five, Fitzmaurice did not take the decision to start microdosing psilocybin lightly. After decades of being on a series of antidepressants, in 2022, she says she hit rock bottom.
“I felt like I had gone down every avenue of conventional mental health options. I was on pill after pill with combinations of medications,” Fitzmaurice said. “I was working hard as a travel nurse to support my children. I felt empty, I felt nothingness, and I felt numb. I started having suicidal thoughts and could not accept that there was nothing else out there to help.”
On traditional antidepressants, her feelings and emotions were suppressed, and the side effects that came with them were unbearable.
“I experienced anxiety, trembling, hyperhidrosis, inability to orgasm, numbness of the soul, and diminished creativity and connection with no true love for life. The list goes on,” she explained.
Along with contemplating suicide, Fitzmaurice was regularly having panic attacks and would often break out in hives. Her debilitating struggle with depression deeply impacted her role as a mother.
“I felt as if what I could give wasn’t enough,” she said. “I was not confident in myself. I felt I was out of reach emotionally to my children at times.”
When a friend told her about the success they experienced with microdosing, Fitzmaurice became intrigued. She dove into available research, explored the psilocybin studies being published at Johns Hopkins University, and listened to different podcasts discussing psychedelics.
Several studies indicate psilocybin may very well have antidepressant effects. One 2022 study published in the Journal of Psychopharmacology on the efficacy and safety of psilocybin-assisted treatment for major depressive disorder found that two doses of psilocybin alongside supportive therapy produced “large and stable antidepressant effects” among participants for at least one year following treatment—well beyond the established duration of antidepressant effects reported with ketamine (about two to three weeks).
When it comes to microdosing psilocybin (a practice that involves taking small, sub-perceptual doses of the classic psychedelic regularly to enhance mood or creativity), although there is much hype, the science is largely considered inconclusive as most studies rely on self-reported data. One 2022 study published in Nature compared a group of microdosers to non-microdosers and found, “small to medium-sized improvements in mood and mental health that were generally consistent across gender, age, and presence of mental health concerns.”
Microdosing Psilocybin Mushrooms: A (Risky) Last Resort
What Fitzmaurice learned was enough to convince her to give microdosing a try. She opted to grow her own mushrooms, assuming the process would be safer than trying to find psilocybin on the street.
“I was so desperate to feel better and the research was so positive that I gave very little thought about the legal implications of growing psilocybin mushrooms for microdosing,” she admitted. “I was only focused on the potential benefits. I believed in the sincerity of what I was doing to save my life.”
After Fitzmaurice started microdosing psilocybin, she began to feel different: for the first time in years, she felt content and confident in her life and body. She felt the emotional weight of work, raising children, and societal standards begin to lift from her shoulders.
“I was able to mentally move on from what had previously held me back. I felt less pressured, less anxious, and actually curious about the possibilities that lie ahead,” she said. “I started doing the things I loved to do.”
She began spending more time with her children, and even became involved in a local mountain biking team, planning trips and adventures with her family. With no intention of stopping, she gave up caffeine and eventually ceased taking her attention deficit disorder medication. Although she didn’t tell them about the microdosing psilocybin until after she was arrested, close family members told Fitzmaurice that they noticed she seemed happier.
Fitzmaurice said she’s embarrassed she wasn’t more aware of the potential legal ramifications of growing psilocybin mushrooms.
“Although I understood that certain mushrooms were illegal, I had no idea that growing mushrooms to treat depression would be seen as a level two felony with a potential prison sentence of 10 to 30 years,” she said.
Courtney Barnes is a partner at Feldman Legal Advisors, where she provides a variety of services to the psychedelic ecosystem, including support with regulatory compliance and risk management. She told Psychedelics Today that Fitzmaurice’s case highlights the ongoing tension between the growing recognition of psychedelics’ potential therapeutic benefits and their strict and outdated classification in the legal system. That blatant conflict continues to put people like Fitzmaurice in a tough spot.
“The varying legal statuses across states lead to confusion, unequal treatment of individuals based on geography, and challenges in creating consistent public health policy,” said Barnes.
“This case underscores the legal risks faced by individuals who, in the absence of legal medical alternatives, turn to psychedelics for self-treatment. It also reflects societal ambivalence, where some see her actions as criminal, while others view them as a necessary and reasonable response to mental health challenges.”
Fitzmaurice said when police came crashing through the front door of her Indiana home to arrest her, her entire world came down along with it. She felt betrayed, violated, hopeless, and misunderstood upon learning she faced prison time and potentially the loss of the custody of her children.
“The most difficult part of facing potential prison time was the fact that I was going to miss out on watching my children grow up,” she said.
How Jessica Built a New Case
Fitzmaurice’s first lawyer failed to help her build a case, and after requesting several delays in court proceedings, he advised that she plead guilty to the felonies. Feeling she had no other option, she took his advice.
Hale caught wind of her story just two weeks before Fitzmaurice was set to be sentenced. A lawyer with a deep personal connection to and understanding of psychedelics, he was appalled by the case and eager to help. Out of desperation, he reached her through the organizer of a GoFundMe campaign, launched to help cover Fitzmaurice’s legal fees.
“It was basically a done deal, but I had to reach out,” Hale said. “Here’s a woman who is 40 years old, with 20 years of documented anxiety and depression untreated by pharmaceuticals, thrown into this situation and she was scared, so she took the deal.”
When they finally spoke by phone, Fitzmaurice had already given up hope and was preparing to spend the next 10 years of her life in prison. After several conversations and with Hale’s help, she fired her lawyer and hired a new attorney, Andrew Maternowski.
Hale said he knew that whoever represented Fitzmaurice would have to provide the prosecutor with some education on the safety and efficacy of microdosing psilocybin, and a better understanding of why she was growing mushrooms.
“When they arrested her, they came in wearing hazmat suits to avoid breathing the spores, which they thought would intoxicate them, so it was like starting from scratch,” he said.
Since her previous lawyer had failed to explain why Fitzmaurice was growing mushrooms, “the prosecutor thought she was this major drug dealer poisoning kids,” something they would have to change his mind on.
Together, Maternowski and Hale built a new case with letters of support from several experts, including researcher and author Jim Fadiman, psychologist and professor Dr. Alan Davis, psychiatric nurse practitioner Andrew Penn, and author and psychiatric nurse practitioner CJ Spotswood. The letters helped convince the prosecutor that Fitzmaurice was not a drug dealer, and Maternowski negotiated a plea agreement that would reduce the charge from trafficking to possession; from 10 years in prison to three months of house arrest and 18 months of probation. The judge later reduced the charge to a misdemeanor.
Legal Implications and Potential Reforms: Education is ‘Paramount’
Fitzmaurice’s case could have a nuanced influence on future prosecutions and defenses related to the use of Schedule I substances for personal medicinal use in the United States, according to Barnes.
“The fact that the prosecutor reduced the charges after reviewing her case and expert testimony indicates a recognition of the complexities involved in cases where individuals use Schedule I substances like psilocybin for self-treatment,” she said, adding that this outcome might encourage defense attorneys in future cases to present similar arguments.
Barnes also said the reduction in charges and comparatively lenient sentence could serve as a signal to both prosecutors and judges that, under certain circumstances, harsher penalties might not be warranted.
Several different approaches to drug policy reform could help prevent cases like this one from happening again, according to Barnes, who suggested that decriminalization of possession, production, and use of psychedelics could reduce the burden on the criminal justice system and allow more resources to be allocated toward public health approaches. Pairing decriminalization with legal access pathways, such as Colorado’s Natural Medicine Health Act, “is also a wise approach,” said Barnes.
At the federal level, she suggested that the reclassification of psilocybin and other psychedelics from Schedule I to a less restrictive schedule, “would more appropriately reflect [their] medical use in treatment in the U.S. and could reduce the severity of criminal penalties for use and possession.”
As more people turn to psychedelics and practices like microdosing psilocybin for their mental health, Barnes noted that although it is sparsely reported, there has been an increase in law enforcement seizures of psilocybin mushrooms.
“The growing public awareness about the potential benefits of psychedelics has resulted in a surge of people seeking out these substances,” said Barnes. “There have been a handful of reports indicating that arrests for psilocybin have increased over the past several years, likely, at least in part, resulting from an increase in demand for it.”
Barnes has also noticed an increase in regulatory confusion, especially in states like California, where an unregulated psychedelic market is currently thriving. She said the number of times she’s heard people confidently state psilocybin is legal there is “alarming.”
“There are harsh penalties for psilocybin possession in California, even if the law is sporadically enforced,” said Barnes. “As more localities and states adopt policy reform in a patchwork, the more likely it is for people to misunderstand the laws that apply to them. Public education is paramount here.”
How Jessica—and the State of Indiana—are Moving Forward
Despite the immense loss she has experienced, Fitzmaurice looks forward with a sense of hope. “I lost so many important aspects of my life: my children, my job, my career, and even my community, my hometown. Now’s the time to start rebuilding all of that.”
Now living in Arkansas, Fitzmaurice is committed to sharing her story with others and conveying the need for drug policy reform, especially in states like Indiana. As a recipient of a Psychedelics Today Vital psychedelic training program scholarship, she is eager to put her knowledge of and experience with psychedelics to use as a nurse. She intends to go back to school to become a psychiatric nurse practitioner so she can work with psychedelics in a legal manner. She is currently assisting at a ketamine-assisted therapy clinic and plays an active role in Decriminalize Nature Northwest Arkansas.
To help treat her depression, Fitzmaurice underwent ketamine-assisted psychotherapy and said with preparation, integration, and community support, she now has many tools that help her work through her trauma, “with a positive mindset.”
“The contemporary mental health treatment model may work for some people, and that’s fantastic. It doesn’t work for everyone, including me,” said Fitzmaurice. “I didn’t realize how badly we, as a global unit, were in a mental health crisis. Psychedelics opened my eyes to this and now, the nurse in me just wants to help.”
Since Fitzmaurice’s case made headlines in 2022, the legal status of psilocybin in Indiana remains unchanged—but that doesn’t mean Indiana lawmakers are ignoring it.
In March 2024, Indiana Governor Eric Holcomb signed a psilocybin research funding bill with a focus on veterans and first responders. Fitzmaurice called it “a great introduction” and said she’s hopeful psychedelics might soon be destigmatized in her home state, but said it’s unlikely the law will change in Indiana unless psilocybin is rescheduled at the federal level.
“People shouldn’t have to risk losing their life to prison for trying to care for their own mental health,” said Fitzmaurice. “These medicines need to be decriminalized or rescheduled at the very least. Humanity should not be punished for prioritizing mental health.”
MAPS/Lykos’ MDMA trials for PTSD delivered overwhelmingly positive results. I thought that mattered until I sat through a nine-hour deliberation among the FDA’s Psychopharmacologic Drugs Advisory Committee on June 4, including two hours of public comments that skewed anti-Lykos.
After a long day of groupthink, the panel advised the FDA that MDMA therapy was neither safe nor effective for patients with PTSD. And while their vote is nonbinding, their opinion significantly impacts the FDA’s final decision on Lykos’ new drug application.
So, how did the committee come to be? Were they up to the task of reviewing this historical application? And were their votes intellectually honest, given the failing mental healthcare system in the United States?
Psychopharmacologic Drugs Advisory Committee: Who Are They?
The Psychopharmacologic Drugs Advisory Committee (PDAC) consists of experts who provide independent advice to the FDA on the safety and efficacy of investigational drug products for psychiatric disorders. It consists of nine core voting members, including psychiatrists, neuropsychiatrists, consumer representatives, patient representatives, and one non-voting member, typically an industry representative.
Anyone can nominate themselves or others to PDAC. However, the FDA ultimately identifies and appoints candidates based on what they perceive as relevant expertise. Members serve one to four-year terms and attend several drug review hearings throughout the year.
The FDA also invites temporary voting members to certain meetings, bringing specialized expertise to address knowledge gaps in the core group. For the MDMA review, the FDA appointed six temporary members. But curiously, not one of them had specialized knowledge of psychedelic research or medicine.
Only one permanent PDAC voting member, Dr. Walter Dunn, holds a relevant background in psychedelic research. Dr. Dunn was also the only person to dissent from popular opinion, voting yes on both final questions:
Do the available data show that the drug is effective in patients with posttraumatic stress disorder?
Do the benefits of midomafetamine (MDMA) with FDA’s proposed risk evaluation and mitigation strategy (REMS) outweigh its risks for the treatment of patients with PTSD?
I don’t think the FDA purposely stacked the group against Lykos. But the committee’s lack of psychedelic expertise was grossly negligent, given the FDA’s goal of selecting experienced field experts. This novice lineup set the stage for a lopsided debate dominated by well-meaning status quo advocates who weren’t ready to unleash a transformative medicine they didn’t understand.
Kim O. Witczak, PDAC consumer representative, put it this way:
“Once you let the genie out of the bottle, you can’t put it back in.”
The Unprecedented Nature of the MDMA Review
To be fair, the committee faced an incredibly challenging task of reviewing the FDA’s first-ever new drug application (NDA) for a psychedelic compound.
Members received a data packet with MAPS clinical trials findings and the FDA’s concerns prior to the meeting. They may have also reviewed the critical ICER report and citizen petition that prompted the hearing. Together, these documents feasibly served as their first foray into psychedelic medicine before casting incredibly consequential votes affecting 13 million Americans with PTSD.
Additionally, it was the first NDA that merged a medicine, MDMA, with psychotherapy. The FDA does not regulate psychotherapy, so the committee had never seen such a proposal before. Until the MAPS MDMA trials for PTSD, they had only ever reviewed standalone prescription drugs.
This dual application caused distress and confusion as panelists struggled to reconcile their mandate with their desire to oversee the therapeutic aspect outside their jurisdiction. Admittedly, they were out of their wheelhouse, operating under a framework that didn’t adequately address the task at hand.
“Maybe it’s time to say we have to look at the current way that we’ve always approved and reviewed drugs differently,” Witczak said.
Resistance to the Therapeutic Component
With confusion looming, Lykos’ patient-directed therapy model was central to the panel’s skepticism throughout the hearing. They consistently questioned its validity and whether psychotherapy was even necessary alongside MDMA to alleviate PTSD.
In my discussion with Witczak, she reiterated the concerns that Lykos’ protocol wasn’t tested against “recognized therapies” or no therapy at all, leading to doubts about its credibility.
She’s right that Lykos didn’t compare its MDMA-AT model to status quo approaches, like Prolonged Exposure. They also didn’t study an MDMA-only group.
In hindsight, they should have, given the panel’s doubt about alternative therapies amplified by public accusations that Lykos is a therapy cult imposing spirituality onto patients. But hindsight won’t help now. At the time of the trial, the FDA had approved the inner healer method. Also, though Lykos didn’t explicitly test mainstream therapies, scientific data give us a clear picture of their effectiveness, according to Dr. Scott Shannon, Principal Investigator in MAPS Phase 2 and 3 clinical trials. Spoiler alert: mainstream therapies are not performing great.
According to Dr. Shannon, about 50% of people in PTSD psychotherapy trials drop out immediately, and of the 50% that pursue it, only half get better.
“Our medications are even worse,” he said, adding that PTSD medicine hasn’t had a significant innovation in the last 23 years, and up to 17 veterans are taking their lives daily as a result.
Still, PDAC insisted that Lykos’ therapy was a significant X factor that might not be effective or safe.
Therapeutic Safety
A confirmed case of therapist misconduct within MAPS clinical trials exacerbated the panelists’ pushback. The case involved Meaghan Buisson, a participant in the phase-two trial, who filed a lawsuit against two MAPS therapists, Richard Yensen and Donna Dryer, alleging sexual assault and professional negligence. Buisson’s claims included video evidence showing the therapists physically restraining and spooning her during a session. Buisson moved near the therapists after the trial, where she alleges the abuse continued.
I’m not here to defend the therapists’ actions. I watched the MDMA session clip and was not ok with what I saw. I’m also uninterested in conjecture about what occurred between Buisson and Yensen after the clinical trial ended. No matter the details, this situation is a stain on the program, and the public needs to know about it so we can hold people accountable and prevent future harm.
At the same time, this inexcusable case does not erase MDMA-AT’s profound impact. For instance, Lykos’ second Phase III trial found that 71.2% of the MDMA cohort no longer held a diagnosis, compared to 47.6% in the placebo group. Additionally, its MDMA trials for PTSD had some of the lowest dropout rates in history.
We need to be able to hold two truths at once.
1. Psychotherapist misconduct is unacceptable. We must continue raising ethical standards, recording therapy sessions, and holding offenders accountable for their actions.
2. At the same time, about 7% of conventional male therapists admit to having sex with at least one patient, and no one is suggesting we ban talk therapy as a result. Lykos’ misconduct case represents a lower risk profile than the status quo, and people with PTSD deserve a treatment that works.
And not to beat a dead horse, but Dr. Shannon reminded me that the FDA has no mandate or interest in regulating psychotherapy. State licensing boards, professional associations, and the legal system assume that role.
Ultimately, the panel and public debated an issue that the FDA likely won’t factor into their final decision.
Broader Issues of Mistrust in the MAPS Clinical Trial
The FDA cares about drug safety and efficacy data. But the panel’s broad dialogue extended well beyond the numbers into downright mistrust.
“I was surprised because usually [a drug] is approved more quickly, or [the panel] doesn’t raise many concerns. But this meeting had much more discussion,“ said Witczak, who added that it was “good conversation.”
Another committee member said, “It felt strange to vote no when the p-value started with three zeros.”
A low p-value, typically below 0.05, suggests that the results did not occur by random chance. So, a P < 0.0001 value – which was present in the MAPS clinical trial – is extraordinarily statistically significant.
Members cited functional unblinding (inadvertent awareness of group assignments) and expectation bias (preconceived notions about MDMA) as reasons why they didn’t believe the results. Additionally, they floated rumors from the citizen petition that the trial’s principal investigators and therapists engaged in data manipulation.
I’ll be honest. I wondered whether their points held weight, given the fact that most people in the MDMA group knew they were on MDMA.
Dr. Shannon explained that despite functional unblinding, the trial exhibited a significant effect size of 0.9. Effect size quantifies the magnitude of the treatment’s impact compared to placebo. Moderate effect sizes range from 0.4 to 0.6, according to Dr. Shannon, who explained that the best we for current SSRIs is a dismal 0.23.
“Even if our (MDMA-AT) effect size only turned out to be half of what we measured, it’s still much better than [the current treatments],” said Dr. Shannon.
But what about the potential fraud in MDMA trials for PTSD?
“I know several sites, and I know they did nothing untoward, nothing malicious, nothing underhanded. We knew we had to perform at the highest level of ethical and scientific investigation, and that’s what we did.”
Dr. Shannon added that FDA investigators were at his site for a week and had visited most sites throughout the clinical trial.
“We have been scrutinized to a high degree and stand by our data.”
Dr. Shannon could be wrong about the integrity of other actors in the trial. Some shenanigans may have occurred, and if they did, we need to question every single outcome.
However, such accusations are grave and rely on the FDA to investigate and determine their validity. The advisory panel meeting was not the format to litigate, yet the panel members clearly factored these stories into their votes.
Trying to Keep the Genie in the Bottle
MDMA-assisted therapy will revolutionize mental health treatment and society as we know it. I see that as broadly beneficial and necessary. But what do I know? I’m just one anecdote.
The data matter more than my opinion or that of any naysayer. But almost no committee member could speak to it with authority or provide any context on decades of historical MDMA therapy use. Without such a person, I witnessed the panel circle the drain in unison until they concluded they weren’t ready to let the genie out of the bottle.
I believe most members voted no out of genuine concern, like Watzeck, who said she entered the meeting with hope and optimism before the pervasive criticism impacted her vote. But others may have arrived with a pre-packaged vote.
“I would say some probably had biases. They may never agree to [MDMA therapy],” said Watzeck.
And that right there encapsulates why a committee hearing stacked with psychedelic novices could not come to an intellectually honest decision despite what may have been an utterly genuine effort.
Why the Political and Social Reality Might Supercede the Rejection
Fortunately, the FDA’s decision is not made in a vacuum.
Witczak thinks the FDA may still approve MDMA-AT despite the panel’s concerns because of pressure from veterans groups and Congress to deliver effective PTSD therapies.
Dr. Shannon also thinks that the FDA will consider MDMA because of the dire need for innovation in mental health treatment. He believes the FDA will likely impose safety restrictions, like a limited rollout, enhanced data collection, and a Risk Evaluation and Mitigation Strategy (REMS) program. Still, he thinks the organization will ultimately say yes.
The FDA decision whether to approve or deny MDMA therapy is expected to be announced by Aug. 11.
“We’re in a paradigm shift from either a psychotherapy or a pharmacology model, which have grave limitations, into a new model that combines them both,” Dr. Shannon said.
I’d like to agree, but I suspect the FDA is filled with well-meaning experts who fear unleashing the unknown.
In this episode, Joe interviews Lia Mix, LMFT, CPTR: founder and CEO of Delphi, a consulting firm dedicated to the healthy growth of the psychedelic movement.
After many years of working in community mental health and 15 years in the commercial health insurance industry (where she helped to establish coverage for autism), Mix was one of the first graduates of CIIS’s training program, and after a very distinct MDMA-assisted therapy session, she wondered: “How can I be of service?” She’s since helped to launch The Board of Psychedelic Medicines and Therapies, the American Psychedelic Practitioners Association, and Enthea, and is working every day toward a more unified and uniform psychedelic space, with healthcare frameworks, official boards and certifications, consumer protections, and a general consensus that this is our responsibility to manage – not some outside regulator’s. So how can we, as a scattered psychedelic community, come together?
She discusses:
Her path to psychedelics and how nobody was talking about how to bring psychedelics into healthcare
The need for a unified code of ethics for any practitioner of psychedelic therapy
The FDA, Lykos Therapeutics, and how the recent advisory committee’s recommendations on MDMA-assisted psychotherapy were largely based on fear
How there actually is a lot of financial possibility if we can all agree on what is absolutely essential right now
Following the multi-decade regulatory pursuit, legal MDMA-assisted therapy (MDMA-AT) seemed imminent to many people. In February 2024, the FDA accepted Lykos Therapeutics’ New Drug Application (NDA), and all markers indicated a likely approval.
However, on June 4, the Psychopharmacologic Drugs Advisory Committee (PDAC) shattered optimism when nearly all members advised the FDA to reject Lykos’ application.
In a 9-2 and 10-1 vote, the committee asserted its belief that MDMA therapy, as it stands, is neither effective nor safe for Americans with PTSD.
So, what is MDMA’s FDA approval status following the hearing?
The outlook seems grim, given that the FDA aligns with the advisory panel 88% of the time. Still, Lykos (formerly MAPS Public Benefit Corporation) remains hopeful.
“We believe there is a path forward and are focused on collaborating with the FDA as they continue to review our NDA over the months,” said Lykos in an email interview.
A final decision on MDMA for PTSD is expected on or around August 11th.
The Backstory
Starry-eyed psychedelic proponents didn’t see the dissent coming. The FDA had just granted Lykos’ NDA priority review, and everything seemed to be going smoothly.
However, the contention became clear on March 26, when the Institute of Clinical and Economic Review (ICER) published draft evidence on MDMA-assisted therapy for PTSD. In the report, ICER acknowledged MDMA’s potential to help people heal from trauma. However, it raised significant concerns about weaving this novel treatment into traditional medicine.
The TLDR of the report’s criticism was that Lykos’ clinical evidence did not sufficiently support MDMA therapy for PTSD. The report cited alleged data validity issues, potential biases from therapists and participants, and a reported incident of sexual misconduct. It also highlighted MDMA’s cardiovascular risks, unexamined adverse events, and lack of long-term data proving the therapy’s enduring effects.
A month later, five people submitted a citizen petition to the FDA commissioner requesting the organization convene an advisory committee meeting on MDMA-AT to discuss the application’s “shortcomings and risks.” The letter also called for an extended public comment period prioritizing concerned speakers, and a live webcast.
The letter’s primary claim against the NDA was that MAPS/Lykos allegedly “manipulated clinical trial data to hide adverse events from regulatory agencies, motivated in part by a belief that these agencies would not understand that these adverse events are a necessary part of their MDMA-AT.”
The FDA responded to the petition by granting the advisory committee meeting with an extended comment period. However, it denied the request to prioritize input from concerned stakeholders.
The Meeting
June 4th’s meeting was a nine-hour saga, inviting FDA members, public participants, Lykos representatives, and eleven PDAC panelists to debate the risks and benefits of MDMA-assisted therapy.
PDAC boasted various roles in the psychopharmacologic field, including consumer representatives, pharmacists, patient representatives, scholars, and physicians. It did not include experts from the field of psychedelic research. Nevertheless, by 5:30 p.m., the board confidently dismissed MDMA-AT’s ability to do more good than harm for PTSD.
Lykos told Psychedelics Today that they didn’t see the rejection coming.
“Going into the meeting, we knew this was a unique assignment for the panel to review a drug-plus therapy combination. We did, however, believe that the fact that studies showed MDMA-assisted therapy offers statistically significant and clinically meaningful improvement in PTSD symptoms and functional impairment compared to placebo across two phase 3 trials with evidence of durability over time would compel the panel to support approval.”
86.5% of patients in the MMDA-AT group clinically benefited from the treatment compared to 69% in the placebo group.
71.2% of the MDMA cohort no longer held a PTSD diagnosis, compared to 47.6% in the placebo group.
46.2% of MDMA patients achieved remission compared to 21.4% in the placebo cohort.
Despite the clinically impressive results, PDAC emphasized significant doubts about the data’s validity and MDMA-AT’s overall safety.
Functional Unblinding and Expectation Bias
Functional unblinding occurs when participants or researchers accurately predict the treatment they receive or administer. Expectation bias occurs when someone anticipates a particular result. Prior experience, previously held beliefs, and functional unblinding can cause such biases, potentially impacting patient experiences and reporting.
Dr. Paul Holtzheimer from the National Center for PTSD said, “Expectation bias can work in two ways. It can exaggerate the effect of the active treatment and blunt the effect of the placebo treatment.”
It’s true that 40% of the trial participants used MDMA in the past and may have assumed the drug worked based on prior positive experiences.
However, as Lykos points out in a recent statement, “The data indicates that prior illicit MDMA use had no impact on the results, as there was no meaningful difference in primary outcome measure or adverse events reported between the subgroup of Phase 3 participants who reported prior illicit MDMA use and the subgroup of participants who did not.”
Functional unblinding impacts, however, are far more debatable.
Renowned psychedelic drug researcher Matthew Johnson, PhD, explained Lykos’ unblinding problem in a recent X post.
Johnson said, “For those [in the study] thinking they got MDMA, the therapeutic effect was nearly identical between MDMA and placebo [groups]. Yikes.”
In other words, people who guessed they were on MDMA achieved similar therapeutic responses, whether or not they really took the drug.
Still, Johnson points out in The Illusion of Consensus podcast that functional unblinding is not a new issue for psychedelics, nor is it unique.
“There are a whole host of drugs that have been [FDA] approved. All of the sleep drugs… all of the anti-anxiety benzodiazepines, all the ADHD drugs… all of the opioid pain relievers. The practice of psychiatry is filled with psychoactive drugs that have very clear signatures… I want to know to what degree in FDA advisory panels this [functional unblinding issue] has come up… Because cutting through the blind is an issue for all these [compounds]… I don’t think psychedelics should be held to a higher standard than the normal process.”
Misconduct and Data Integrity
Potential misconduct during the MAPS / Lykos trials added to PDAC’s concerns about the integrity of the results.
Allegations included reports that principal investigators:
Discouraged patients with negative experiences, like suicidality, from participating in follow-up studies.
Influenced patients to report favorable outcomes.
Inconsistently recorded adverse events.
Purposely recruited patients who would respond well to MDMA therapy for PTSD.
PDAC also lamented the trials’ insufficient data on patients with severe trauma as well as an overall lack of diversity, citing low Black and Asian representation.
Dr. Melissa Barone, a psychologist from the Maryland Healthcare System, said, “There are so many problems with the data that each one alone might [be okay]… But when you pile them up on top of each other… I think there are still a lot of questions about how effective the treatment is and how durable it is.”
At least some of the mistrust centered on the perception that Lykos and MAPS founder Rick Doblin, PhD, are determined to push MDMA approval at any cost.
Lykos says, “Like all research sponsors, Lykos and its clinical sites are subject to regular FDA inspections. We have full confidence that the FDA will continue to assess the integrity of Lykos’ research through its inspection process.”
Durability of Effect
Lykos’ clinical trials show that MDMA-assisted therapy exhibited durable therapeutic effects for at least six months. However, PDAC questioned the claim for several reasons.
One was that patients utilized other integrative treatments in between MDMA therapy and the follow-up analysis, including:
Psychodynamic therapy
Eye movement desensitization reprocessing (EMDR)
Other cognitive behavioral therapy (CBT)
Group psychotherapy
Prolonged exposure
Cognitive processing therapy
Holotropic breathwork
Interpersonal therapy
The committee expressed that these therapies introduced “confounding factors,” which made it challenging to isolate MDMA-AT’s specific impact.
Meeting chair, Dr. Rajesh Narendran, added more skepticism. He said, “I’m not convinced that this drug is effective in the short term… PTSD is a disorder where symptoms can fluctuate quite a bit. We all know that. And I feel like there should have been more repeated assessments over time to gauge where these people are heading.”
Psychological Intervention
Lykos’ unique psychotherapeutic approach was another confounding factor impacting the data, according to PDAC.
The FDA does not regulate psychotherapy, so this sticking point was beyond the meeting’s scope. However, several participants expressed distrust over what they perceived as an unstandardized and unproven modality.
It employs standard protocols like Exposure Therapy, Cognitive Processing Therapy (CPT), EMDR, and psychodynamic therapy. It also invites less conventional techniques, like Internal Family systems (IFS), Voice Dialogue, Hakomi, virtual reality, and Buddhist psychology.
Dr. Holtzheimer said, “I think the challenge here is that the psychotherapy in this case is not evidence-based yet.”
Dr. Barone added, “MDMA is not administered without the psychotherapy. And the psychotherapy is really vague. It is not well-determined. It seems like it was not standardized. And that makes it really hard to determine how effective it is…”
PDAC argued that the lack of standardization raises questions about the trials’ reproducibility and reliability. They also questioned the necessity of the therapy itself, wondering whether MDMA alone could elicit similar benefits.
Dr. Amanda Holley, a pharmacologist who previously worked at the FDA, explained this challenge in a recent Psychedelics Today Podcast.
“[The FDA] is having a hard time disentangling the contribution of therapy vs just MDMA. With this trial, they would’ve liked to see a factorial design that [tested] the therapy with the drug, an arm with the drug alone, and an arm with therapy alone. That would’ve given them a more holistic view of the data.”
Safety Concerns
Another data gap involved cardiovascular health risks, which panelists said were not fully assessed throughout the studies. They raised concerns that MDMA could cause heart attacks and strokes.
In The Illusion of Consensus podcast, Dr. Johnson explained that this argument was somewhat “absurd” due to MDMA’s known effects. Sure, it raises blood pressure and heart rate. But it’s a reasonable risk-benefit ratio. Johnson compared MDMA’s cardiovascular impact to Adderall, which doctors give to children every day.
“Even with a minor abnormality at the end of a session, it doesn’t mean it will lead to a clinical event like a stroke, which is extremely rare,” said Dr. Johnson.
The FDA said it should have required Lykos to take EKGs and blood samples after MDMA sessions. However, the agency admittedly approved Lykos’ study design without these measures.
The FDA’s admission did not shift the panelists’ perspective.
Sexual misconduct was another significant concern sparked by an incident in 2015.
A harrowing public comment on the matter came from Speaker 26, Sarah Grosh, who spoke as a proxy for Phase 2 participant Meaghan Buisson. In Buisson’s words, Grosh described the abuse that took place. Buisson’s descriptions of the assaults she suffered in session were recorded and are now publicly available.
Buisson also reported becoming suicidal during the trial and said that Lykos did not document this adverse event. She claimed MDMA therapy left her overwhelmingly vulnerable and led to further exploitation by her therapist, who she said trafficked her while still in the trial.
Grosh asserted that Lykos’ leadership did nothing to intervene after she filed the ethics complaint in 2018 and that they continue to deny any ethical violations.
Lykos responded in its statement, saying, “This was a terrible and harmful instance of malpractice that caused profound suffering to a participant. Lykos reported this violation to Health Canada, the FDA, and the relevant Institutional Review Board and banned the therapist pair associated with this case from all future work. Since then, we carefully developed and implemented new policies and practices aimed to prevent, detect, investigate, encourage reporting of, and thoroughly respond to potential instances of misconduct or unethical behavior.”
Prospects of FDA Approval
Amid the shadow of alleged misconduct, data misalignment, and safety concerns, PDAC voted an overwhelming no to MDMA treatment for PTSD. The FDA is not required to follow PDAC’s guidance. However, the overwhelming pushback casts serious doubt over whether 2024 will be Lykos’ year.
“It doesn’t look good at all. I imagine at some point MDMA will be approved for PTSD, but I wouldn’t put bets on it to be approved in August,” said Dr. Johnson.
Many people have read the statistic that the FDA aligns with advisory committees 88% of the time. However, a lesser-known fact is that in cases when the committee did not recommend approval, the FDA only agreed 67% of the time. This disparity leaves the door open for hope.
Another hopeful sign, according to Dr. Holley, is that the FDA prioritizes public health when making NDA decisions. The fact that current PTSD therapies are highly deficient and no new drugs have been approved in decades represents a significant healthcare failure.
Lykos maintains that MDMA-assisted therapy can meet the nation’s critical mental health needs, and it has not given up on approval.
“While we understand that the FDA considers advisory committee recommendations, most of the conversation at the meeting centered on known issues that have already been discussed and investigated. In addition, the panel was focused on the regulation of therapy outside the FDA’s purview.”
Lykos added that the organization is discussing a potential post-approval REMS (Risk Evaluation and Mitigation Strategy) program with the FDA. REMS would seek to ensure patient safety and regulatory compliance through measures to monitor and manage risks.
“If FDA-approved, prescription MDMA-assisted therapy will be launched with careful consideration of its potential benefits and risks, following established medical guidelines, protocols, and quality standards,” said Lykos.
What’s Next if the FDA Approves MDMA-Assisted Therapy?
If the FDA approves Lykos’ application in August, the decision will spark a timeline that requires several bureaucratic steps before patients can access MDMA treatment for PTSD.
First, the U.S. Drug Enforcement Administration (DEA) must reschedule MDMA from Schedule I within three months of approval.
After the federal rescheduling, states must also reschedule the drug. Most have processes for automatic alignment, while others have state-specific scheduling procedures.
“Our plan is to make MDMA-assisted therapy available, if approved, in 2025,” said Lykos, who clarified that they would initially roll out the program to a limited number of sites.
What’s Next if Lykos’ Application Fails?
Lykos declined to speculate on what they might do if the new drug application for MDMA-AT fails.
However, in similar circumstances, trial sponsors must thoroughly rectify the issues through additional studies, further data collection, or modifications to the drug’s formulation, labeling, or manufacturing process. Once finished, sponsors must resubmit a package with all the information proving the issuers were resolved. The FDA then re-evaluates the application to determine if it meets the safety and regulatory requirements.
The process can delay FDA approval by a median of 435 days, requiring companies to spend significantly more time and money to get to the finish line.
The Bottom Line
PDAC does not think the current data proves MDMA therapy is effective for PTSD, nor does it believe the potential harms outweigh the risks. Lykos asserts that the clinical trial results speak for themselves and that treatment could significantly improve countless lives. Now, 13 million Americans with PTSD await MDMA’s FDA approval status in August.
In this episode, Joe interviews Dr. Amanda Holley: pharmacologist and regulatory consultant in nonclinical drug development, and previously a nonclinical pharmacology/toxicology reviewer at the FDA.
With Lykos Therapeutics working towards FDA approval of MDMA-assisted psychotherapy for PTSD, ICER (Institute for Clinical and Economic Review) recently published its draft evidence report, concluding that they couldn’t endorse this modality. While disappointing to the psychedelic space, this report doesn’t determine the FDA’s official stance, and also really highlights a lot about how the FDA works, the knowledge gap between consumers and regulators, and how clinical studies should be designed in the future. Holley talks about the FDA’s dedication to safety and data, and how, essentially, drug development comes down to a risk/benefit analysis.
She discusses:
Misconceptions about the FDA, especially related to psychedelics
The path of a substance in early drug development and how breakthrough designation works
The complications with blinding psychedelics, the placebo effect, and how much therapy is a factor
The contrast between productization and harm reduction: Should we be concerned with creating products, or understanding these substances better?
How changing one molecule really does create a different drug
In this episode, Joe interviews two members of The Daschle Group: Founder and CEO, Senator Tom Daschle; and Public Policy Advisor, Charlie Panfil.
As Senator Daschle served in the House of Representatives for eight years (starting in 1978) and the Senate for 21, he was deep in the War on Drugs at its peak, and thankfully, as seen with so many of his constituents in recent years, the data and personal stories of so many healed people has broken through the propaganda and made him a strong advocate for psychedelic-assisted therapy. While minds are changing, and progress is happening before our eyes (the majority of substances the FDA is currently researching for psychiatric indications contain some form of psychedelic ingredient), government bureaucracy, a severe lack of communication between the FDA and DEA, and decades of lies are still massive roadblocks. How do we address all of this while advancing research?
They discuss:
The need to develop a partnership between the public and private sectors, mostly for the cost of treatments
The DEA’s place in all of this: If they’re essentially a law enforcement agency, why are they involved in the safety and efficacy of medical treatments?
The STATES Act, the Breakthrough Therapies Act, and how they can affect research
Why we need to move past relying on opioids, and instead, embrace a science-based drug policy
Legal psychedelics frameworks in the U.S. and abroad are rapidly shifting thanks to growing recognition of their transformative benefits. Where are psychedelics legal currently, and what can we expect around legal reform in the near future?
As of April 2024, dozens of U.S. cities have deprioritized criminal law enforcement for possessing psychedelics, while two states have passed sweeping regulated adult-use bills. Globally, Australia became the first country to codify legal psychedelic therapy. And Jamaica leads the world’s commercial psychedelics sector, fully embracing psilocybin use, sales, and cultivation.
Psychedelics legalization is occurring in various forms around the globe. The bottom line? Adults don’t have to look far for places that allow entheogens for personal or therapeutic use.
**Disclaimer: This article speaks to the legality of possession and use of psychedelics for personal, therapeutic, and ceremonial use, and largely, does not reference legal possession and production for research purposes. Be advised: drug laws change rapidly and frequently. This article is not a legal resource and may not be 100% up-to-date. Always check the latest local, state, and federal laws before engaging in psychedelics use in the U.S. and abroad.Have we missed anything in this article? Reach out to our team at editor@psychedelicstoday.com with your input.
Defining Legal Psychedelics
‘Legal psychedelics’ is an incredibly broad term. People use it interchangeably with ‘decriminalization,’ ‘deprioritization,’ and ‘regulated use.’ These terms integrate and sometimes overlap. But they also hold distinct implications worth defining.
Fully legal psychedelicsrefer to hallucinogenic substances that adults can use, produce, and sell because no local, state, or federal law prohibits it. Jamaica has one of the most robust legal psychedelics industries, but it only applies to psilocybin-bearing mushrooms.
Regulated psychedelics accessrefers to places with targeted legalization bills that allow adults to purchase and use these compounds for specific purposes, such as therapeutic treatment or research. Regulated access can also include state-level bills that enable limited psychedelic use under professional guidance, such as in Oregon and Colorado. However, state-level bills do not supersede federal legislation.
Decriminalization involves reducing or eliminating criminal penalties associated with possessing or using psychedelics for personal reasons. Decriminalization codifies psychedelic use as a non-criminal offense. It does not legalize production, sale, or distribution.
Deprioritization means that local law enforcement agencies decide to treat psychedelic possession offenses as their lowest priority. However, the substances remain illegal under the law, and offenders could still face penalties from state and federal prosecutors.
Where are Psychedelics Legal in the U.S.?
Psychedelics are not fully legal anywhere in the United States. Classic psychedelics, like psilocybin mushrooms, LSD, and DMT are Schedule I controlled substances. MDMA, mescaline, bufotenine, ibogaine, and several psychedelic analog compounds fall under the DEA’s Schedule I designation as well.
However, Oregon and Colorado recently legalized psilocybin mushrooms for adult use under professional supervision. These legal psychedelic states created regulated access industries – as of this writing, Oregon is ahead of Colorado – but do not allow retail sales or public consumption.
Oregon’s Legal Psychedelics Framework
Oregon became the first state to create a paradigm for the legalization of psychedelics after it passed Measure 109, the Oregon Psilocybin Services Act, in November 2020. The Act gave the Oregon Health Authority (OHA) two years to regulate psilocybin production, transportation, delivery, sale, purchase, and establish a psilocybin services industry through licensed healing centers.
In June 2023, the first healing center opened its doors, where Oregon adults over 21 could purchase and ingest psilocybin mushrooms in a supervised environment. State-certified facilitators must be present during the entire experience. Adults do not need a referral or a diagnosis to participate.
Who can become a licensed psilocybin service facilitator in Oregon?
People often assume Oregon’s psychedelic facilitators must be mental health professionals. However, any Oregon resident over 21 with a high school diploma can become a psilocybin facilitator if they complete the state-sponsored training program, pass an exam and background check, and pay a license application and renewal fee.
Oregon’s psilocybin services program did not legalize psychedelic therapy, where licensed practitioners offer psychotherapy services throughout the journey. Thus, facilitators cannot provide professional counseling during psilocybin sessions. Therapists who want to participate in Oregon’s psilocybin program can offer pre- and post-journey counseling.
Measure 109 only legalized psilocybin mushrooms in Oregon. And only in a licensed and regulated environment.
Decriminalization in Oregon
However, Oregon’s Measure 110 reduced criminal penalties and expanded addiction treatment services for various illicit drugs, including LSD, psilocybin and psilocin, methadone, oxycodone, heroin, MDMA, cocaine, and methamphetamine. These compounds remain illegal, but they are decriminalized – for now, anyway. In February 2024, the Oregon Senate passed House Bill 4002, aiming to reverse the decriminalization policy, introducing up to six months in jail for possessing small amounts of psychedelics. The bipartisan bill now awaits Governor Tina Kotek’s review. As of this writing, Gov. Kotek has not indicated whether she will sign it.
Colorado’s Legal Psychedelics Framework
Two years after Oregon’s landmark Psilocybin Services Act, Colorado voted for Proposition 122, the Decriminalization and Regulated Access Program for Certain Psychedelic Plants and Fungi Initiative. Prop 122 made Colorado the second U.S. state to affirm regulated access to legal psychedelics.
Proposition 122 directed Colorado’s Department of Regulatory Agencies to establish a Regulated Natural Medicine Access Program where licensed healing centers will administer supervised natural medicine services. The Department may start accepting facilitator applications by the end of 2024, with healing centers expected to open in early 2025.
The measure also decriminalized personal use and possession of natural medicines but did not provide a framework for retail sales.
Which psychedelics are legal in Colorado?
Colorado’s Proposition 122 defines the term “natural medicine” to initially include only psilocybin and psilocin. However, on June 1, 2026, the term may be expanded to incorporate ibogaine, DMT, and mescaline (excluding peyote) if the Natural Medicine Advisory Board recommends it. Additionally, Proposition 122 decriminalized the possession, growth, and transport of these natural psychedelics for adults age 21 and older.
Decriminalization in Colorado
Colorado’s Prop 122 included a provision for decriminalizing psychedelics. The provision affirms that “possessing, storing, using, processing, transporting, purchasing, obtaining, and ingesting natural medicine for personal use, or giving away natural medicine for personal use without remuneration” is not an offense under state law or the laws of any Colorado locality. It allows Colorado adults to grow natural plant psychedelics and fungi so long as they remain in the person’s private home and are secured from access by minors.
However, Colorado’s lawmakers recently revised the bill, placing $100 penalties on public consumption and $1,000 fines on people who violate the private property requirement.
Where in the U.S. are Psychedelics Decriminalized?
As of April 2024, Oregon and Colorado are the only states to enact statutes decriminalizing psychedelics use, possession, or cultivation. However, more than two dozen U.S. cities have deprioritized criminal enforcement of psychedelic offenses.
Which U.S. Cities Have Deprioritized Enforcing Criminal Penalties for Psychedelic Use?
Twenty-four cities, primarily in Massachusetts, California, and Michigan, have reduced psychedelics offenses to the lowest possible law enforcement priority. Most resolutions incorporate entheogenic plants and fungi, including psilocybin mushrooms, mescaline (except peyote), and ayahuasca. Most reforms exclude synthetic compounds like LSD, MDMA, and ketamine.
The current list of municipalities that have reduced psychedelic offenses includes:
1. Seattle, WA 2. Port Townsend, WA 3. Berkeley, CA 4. San Francisco, CA 5. Santa Cruz, CA 6. Oakland, CA 7. Eureka, CA 8. Arcata, CA 9. Denver, CO 10. Ann Arbor, MI 11. Detroit, MI 12. Hazel Park, MI 13. Ferndale, MI 14. Ypsilanti, MI 15. Portland, ME 16. Minneapolis, MN 17. Cambridge, MA 18. Somerville, MA 19. Northampton, MA 20. Easthampton, MA 21. Salem, MA 22. Amherst, MA 23. Provincetown, MA 24. Washington, DC
Where Are Psychedelics Legal Around the World?
Legal psychedelics only exist in a handful of places, including Jamaica, Brazil, Nepal, Samoa, and the British Virgin Islands. However, several countries allow psychedelic use and possession through decriminalization and spiritual freedom measures.
Austria Austria decriminalized personal possession of psilocybin in 2016 and generally avoids criminal penalties as its first drug enforcement option. However, all psychedelics are still illegal under federal law in Austria.
Croatia Croatia decriminalized drug use in small quantities, including psychedelics. However, psychedelics remain illegal overall in the nation. Offenders caught possessing psychedelics in Croatia may face mandatory rehab, community services, or a fine of €2,680.
The Czech Republic The Czech Republic’s criminal code does not treat drug use as an offense. Possessing small quantities of drugs, including psychedelics, for personal purposes is punishable by a fine.
Costa Rica Costa Rica does not list Ayahuasca as a controlled substance and broadly accepts its cultural use. This acceptance allows ayahuasca retreat centers to operate without fear of prosecution throughout the country. Additionally, Costa Rica’s societal norms accept psilocybin use in traditional and spiritual contexts, although psilocybin mushrooms are not explicitly legal.
Bahamas The Bahamas legally allows the use of psilocybin-containing mushrooms, as they are not classified as a “dangerous drug” by the government. The 1971 UN Convention technically prohibits the sale of all illicit drugs in the Bahamas. However, psilocybin retreats and ibogaine clinics are prevalent throughout.
Brazil People can readily find ayahuasca and mushroom retreats in Brazil and likely won’t face criminal penalties for possession or use. Neither are commercially available, and the active compounds they contain are banned. However, Brazil legalized the ayahuasca plant for spiritual use in 1968. And psilocybin mushrooms do not fall on the country’s list of prohibited substances.
British Virgin Islands The British Virgin Islands permit the legal use and possession of psilocybin mushrooms. Selling them remains illegal. However, visitors and locals report that mushrooms are available for discreet purchase at public events.
Jamaica Jamaica has become the world leader in the legal psychedelics industry. The Jamaican government actively promotes the nation as a destination for researching, developing, and exporting psilocybin products. It has set interim protocols for supporting cultivation and processing. Jamaica is also a global hub for psychedelic retreats and retail sales.
Mexico Psilocybin mushrooms are Schedule I in Mexico. However, Indigenous communities openly use psilocybin mushrooms in traditional healing rituals, and several psychedelic retreat centers operate openly in Mexico. That’s because Article 195 of the Penal Code says Mexico’s Federal Public Ministry will not prosecute people who possess narcotics for personal medical treatment or who have peyote or hallucinogenic mushrooms intended for traditional ceremonies.
Netherlands Magic truffles are legal in the Netherlands and available for sale in smart shops throughout Amsterdam. Additionally, psychedelics retreat centers operate legally in the nation, serving various entheogenic plants. However, possessing, selling, and using traditional psilocybin mushrooms remains illegal in the Netherlands. Additionally, psilocin, mescaline, and DMT extracts are banned, even for religious use.
Nepal Psilocybin mushrooms are unscheduled in Nepal, meaning the government does not regulate or criminally prosecute their use, possession, sale, or distribution. According to local producers, psilocybin mushrooms have a significant cultural presence in the country, and adults regularly consume the fungi for spiritual purposes.
Ecuador In Ecuador, certain medicinal plants and derivatives, including San Pedro and ayahuasca are legally permitted in certain ceremonial contexts. Retreats serving foreigners are common throughout the country.
Portugal Portugal enacted Law 20/2000 decriminalizing the personal possession of all illicit drugs, including psychedelics. Adult use of psychedelics is now an administrative offense rather than a criminal act in Portugal. At worst, offenders may have to surrender their stash and engage in community service.
Samoa Psilocybin mushrooms are legal in Samoa for personal use, possession, cultivation, and transport because they do not appear in the nation’s drug laws. Psilocybin mushrooms grow in natural settings and are called “Pulouaitu.”
Spain Law enforcement in Spain typically does not criminally prosecute adults for possessing or using psychedelics like psilocybin. However, localities retain the authority to establish their own regulations.
Where is Psychedelic Therapy Legal Around the World?
Psychedelic-assisted psychotherapy is a brand-new modality in the West. Australia is the only country to codify this medical protocol into law.
MDMA and Psilocybin for PTSD and Depression in Australia
On February 3rd, 2023, Australia became the first country to legalize psychedelic therapy. The nation’s Therapeutic Goods Administration (TGA) declared that psychiatrists could prescribe MDMA or psilocybin to manage PTSD and treatment-resistant depression. In September 2024, the first psychedelic therapy center, Clarion Clinics, opened its doors, charging patients $24,000 for a nine-month protocol.
Ketamine Therapy in the U.S. and Around the World
Ketamine therapy is legal throughout the United States due to its FDA-approval status. Canada, the United Kingdom, the Czech Republic, Germany, and several other nations allow ketamine for “off-label” medical and therapeutic use as well.
Ketamine is not a classic psychedelic compound. However, it does elicit dissociative psychedelic effects and a reported rapid mood boost through its NMDA receptor action. Most clinicians prescribe or administer ketamine as an off-label drug in IV, tablet, or nasal spray form for various mental health concerns, including treatment-resistent depression, chronic pain management, PTSD, severe anxiety disorder, suicidality, OCD, and substance abuse issues.
Treatment does not require that patients seek professional mental health support. However, ketamine-assisted psychotherapy can help people experience more enduring benefits compared to receiving the medicine alone.
MDMA Therapy in the U.S.: A Look Ahead
In December 2023, the nonprofit Multidisciplinary Association for Psychedelic Studies (MAPS) submitted a new drug application for MDMA-assisted therapy. The application currently sits with the FDA for review, with potential approval as soon as August 2024. If approved, the DEA must reschedule the compound from Schedule I within 90 days. About half of the states are expected to follow federal recommendations. The other half must take legislative action to change their drug laws before patients can access the treatment.
Regardless of the red tape ahead, the U.S. could soon become the second nation to legalize psychedelic therapy, providing life-saving medicine to the most vulnerable populations.
In this episode, Joe interviews Keeper Trout: archivist, author, photographer, co-founder of the Cactus Conservation Institute, and creator of Trout’s Notes, a website compiling personal research and collected data to help ethnobotanical researchers.
From an interest in cactus taxonomy, Sasha Shulgin urged Trout to go through his files, resulting in a friendship, and eventually, an 8-year project of digitizing all of these files into the ever-evolving Shulgin Archive.
Trout discusses:
His relationship with Sasha and The Shulgin Farm project, which aims to make the farm a community resource for therapy, research, events, and more
The messiness of cactus taxonomy, and how he believes we’re nearing the end of being able to properly identify cacti
The perception of LSD as unnatural and why the natural vs. synthetic argument is largely political
Why repealing the Controlled Substances Act is the path we should take over decriminalization or legalization
In this episode, Joe interviews Matthew ‘Whiz’ Buckley: former decorated US Navy F/A-18 Hornet fighter pilot and now, founder and CEO of No Fallen Heroes Foundation, a non-profit focused on healing veterans and first responders with psychedelic-assisted therapy.
Buckley met Joe in D.C. while they were both campaigning for psychedelic therapy to any lawmaker they could speak with. He talks about how the government is spending a fortune on the military, but not paying the total cost, since so much of that is externalized onto the soldiers themselves. He points out how many of them care more about making money than saving lives, and how we need “We the people” moments to wake them up or remove them from office.
He discusses:
His time in the Navy and his transition back to civilian life, coming to terms with trauma and realizing how much was physical (including tinnitus)
His life-changing experiences under ibogaine and 5-MeO-DMT with the Mission Within
How we should be teaching veterans about various mental health options (including psychedelic-assisted therapy) as part of their transition process
The signing of the National Defense Authorization Act and the disappointing amount of money reserved for psychedelic research: Was it all just lip service?
The complications that arise when trying to get benefits from the VA while also trying to move on: When honesty about mental health isn’t incentivized, when do you tell the truth?
His experience operating legally in Colorado and how he plans to stay on top of Governor Desantis to bring psychedelics to Florida
and more!
Notable Quotes
“The military does an incredibly good job of turning us into human beings that are capable of doing some pretty horrific things to another fellow human being. And then when they’re done with us, they do a pretty shitty job of transitioning us back to being a human. They pay lip service to it, but there’s no return in it: ‘Hey man, you’re getting out. You’re not our problem anymore. We’ve got to focus on the next generation of killers.’”
“If we can get our first responders healed along with our military, I think this world would be a better place. …These medicines have the potential to turn warriors into peacemakers. And maybe that’s also why they’re illegal; they need little uniform killing machines that don’t do critical thinking.”
“Veterans: it’s interesting because it’s a tough community. We don’t listen to advertising or bullshit or anything; it needs to come from another vet for anything to have credibility. So you know, a Marcus Luttrell or a me or a JT looking a bro or a sister in the eye and going: ‘Hey man, this is what happened to me.’ Even in the back of their mind, if they’re like, ‘What the? That’s insane,’ there’s still a lot more of: ‘I trust this person. They would not steer me wrong.’”
It was a cold, late afternoon in early January of 2022. I left my apartment as I had done countless times before. My destination was a church’s analytical lab, where I was involved in an ongoing psilocybin experiment.
Upon arriving at the warehouse, I parked my car in the familiar spot and headed into the lab. However, on this particular day, a strange feeling of impending doom crept up my spine as I approached the large roll-up door. Dismissing my intuition as an inconvenient interruption, I continued into the lab to work alone.
Inside, the deafening roar of the chemical-resistant fan that powered the fume hoods made it difficult to hear anything. But amid the noise, a destructive crash from somewhere in the building caught my attention. The sight of charred and mangled cars outside the warehouse did little to ease my growing concerns.
As darkness descended on the warehouse, I ventured toward the commotion. Frantic flashlight beams pierced through gaps in the large wooden roll-up doors leading to the loading bay. Through a small hole in the paneling, I witnessed a scene that sent shivers down my spine: heavily armed officers in bulletproof vests, armored helmets, and automatic weapons.
Disbelief washed over me as the officers repeatedly commanded me to open the doors. Still in shock and peering through the small hole in the paneling, I asked to see a search warrant. The response was swift and brutal, with the barrage of a battering ram shaking me from my stupor. As I was knocked to the floor along with shards of the door, the reality of the situation began to sink in.
I allowed the police inside, and the warehouse doors gradually rose to reveal a team of heavily armed officers in the loading bay. I was searched, cuffed, and placed face down on the hood of a police cruiser, surrounded by a fleet of police vehicles in the cold winter night.
Down the Rabbit Hole: How it All Began
As the cold settled into my chest, I reflected on everything that had led to this moment.
From an early age, I witnessed the tragic effects of addiction, compulsion, and mental affliction in my loved ones. This led me down a path of fascination with medicinal chemistry, introspective psychonautics, and the healing journey. I spent years immersed in laboratories, pushing the boundaries of my own limitations. But beneath my ambitions lay unprocessed trauma, and I was ultimately neglecting my own needs.
Amid the COVID-19 pandemic, I found connection with a community rooted in Kabbalistic Judaism. This diverse group (editor’s note: name withheld) embraced holistic practices, including holotropic breathwork, yoga, artistic expression, nature retreats, and guided ceremonies with psychedelic mushrooms as its sacrament. This religious nonprofit prioritized safety, with a doctor available at all times and thorough participant screening.
Recognizing the inherent variability in mushroom potency, the group sought to standardize their psilocybin sacrament. They launched an extensive cultivation and breeding project, and in the spring of 2021, I moved to Denver to support their efforts.
Over months, we transformed an empty warehouse into a 2,000-square-foot laboratory equipped with advanced analytical instruments. With chest freezers filled with freshly frozen, vacuum-packed psychedelic mushrooms, our goal was to extract, purify, and analyze the sacrament to determine its potency and enable consistent dosages.
Contributing to the safety of the congregation while delving into a subject close to my heart felt like a dream come true. My journey, marked by my biological father’s overdose, the study of Alexander Shulgin’s work, 18 months of immunosuppressive chemotherapy, and my near-participation in a MAPS clinical trial, had brought me full circle. I was now actively involved in a movement of compassion, community, and cooperation—a movement that offered solace and respite from the cruelties of modern life.
The Legal Conundrum
Despite my willingness to support the church’s mission, I hadn’t blindly walked into it. My legal counsel and the synagogue’s had cited multiple case precedents and interpretations of the law supporting the church’s actions as a legal and legitimate form of religious expression.
However, this thin veil of safety was torn apart as officers tore through the church’s facility, uncovering chest freezers filled with large frozen mushrooms. I couldn’t believe what I was witnessing: my arrest for sacramental mushrooms that didn’t belong to me, at a publicly registered and openly advertised religious nonprofit, in an era where psilocybin mushrooms were gaining recognition for their potential medical benefits and safety compared to alcohol or cannabis.
Despite my disbelief, the fact remained: I was bent over the hood of a police cruiser in a lab coat, surrounded by bags of mushrooms in the dead of night.
In an act of desperation, I chose to cooperate with the police, explaining the mission of the church, the foundational practices of Kabbalistic Judaism, and the purpose of the church facility they had raided.
It took two hours to fully explain my circumstances on record, and I could sense that the investigating officers were shocked by my story. Even for seasoned narcotics detectives, arresting a professional chemist with kilograms of wet psychedelic mushrooms at an advanced laboratory operated by a nonprofit Jewish synagogue was far from ordinary.
After the interview, I was told that the officers would investigate my claims by verifying the existence of the church and its community of over 300 congregants. For now, I was placed on investigative hold and sent to the city jail. As I was transported, the officer driving the cruiser expressed interest in my religious beliefs and confessed a desire to try psychedelics. I couldn’t resist informing the officer that the synagogue welcomed all without prejudice, should they ever choose to attend a ceremony.
The Reality of Incarceration
Upon arrival at Denver City Jail, I was processed, screened for COVID-19, and kept in a temporary holding room until a prison cell was ready. My court hearing was scheduled for the following morning, with release expected later that day. I changed into the orange scrubs of an inmate under the watchful gaze of a corrections officer who snickered at my visible discomfort.
Not long after I climbed into the top bunk above a fellow inmate, a nurse arrived to administer Suboxone to the man below me. Unfortunately, the inmate hit his head on the metal bed frame, opening a bloody gash, which went unnoticed by the medical staff. After administering the dose, the nurse advised the inmate to stay in jail until the effects of the Suboxone had dissipated, and then promptly left him in a sleepy stupor. He was released from prison hours later, without his glasses or cellphone, potentially unaware of the overdose risk he faced if he decided to use opiates again.
Moments after the nurse’s departure, a small wad of discarded paper appeared from underneath the cell door. It was a note from an inmate in the adjacent cell who had overheard the nurse administering Suboxone. The inmate offered coffee, sugar, and other commissary treats in exchange for more Suboxone. Although I was given a mangled pen shaft to respond, I had to disappoint the inmate by explaining that the drugs weren’t mine to give in the first place, and they were already gone.
Despite what I’d been told, I was not released the following morning. Uncertain hours dragged into days as I languished in jail, unable to speak to anyone outside.
Despite the challenges of incarceration, I found an anchor in the flimsy pen shaft I’d been given my first night behind bars. Throughout sleepless nights, I covertly journaled my experiences in the margins of my intake paperwork, holding the makeshift pen and papers out of sight from the guards. I began to notice the details of my surroundings—the layers of stained paint on the cinder block walls, the rank, humid smell of suffering and shame in the air. Desperate for news, I asked for an update from a corrections officer delivering the evening meals, but received only laughter in response.
My dreams were haunted by vivid visions of a court trial, conviction, and sentencing. Yet, amid the nightmares, I experienced a spontaneous endogenous psychedelic dream state that offered a glimmer of hope and resilience.
Pretrial Observation
Finally, I was released. Over the days that followed, the fleeting relief I felt upon leaving prison quickly decayed into anxiety and agoraphobia. Loud noises, emergency vehicle sirens, and media depictions of police officers triggered episodes of post-traumatic stress. Despite years of applying various psychotherapeutic methods for my own healing, and weekly support from a therapist, I struggled to remain emotionally present and descended into a deeply dissociative depression.
As an accused felon under mandatory pretrial observation, I was unable to leave the state of Colorado without court approval and had to check in with the assigned pretrial officer after every court hearing. Any attempts to secure employment were thwarted by the glaring red flag of a level one drug felony on my background check. Career opportunities that had been secured months prior were abandoned in light of the investigation. Even driving for Lyft was no longer an option.
In this haze of rejection and persecution, I received the support of family and friends, notably my civil attorney, Robert Rush, who connected me with Sean McAllister, a well-known champion of psychedelic and social justice local to Denver. His confidence and thorough understanding of the law were critical to the ongoing court proceedings and gave solace to my shattered sense of security in the future.
Sean and I reviewed hundreds of pages of documents and photos from discovery over the next few months. Just weeks after the arrest, I was reading various reports from officers describing their firsthand experiences arresting, detaining, and interviewing me, along with my mugshot, fingerprints, and a full transcript of the phone calls I made from prison. Working through the crippling weight of anxiety and deeply triggering nature of reviewing evidence, I attempted to offer insights and interpretations that eventually became integral to our initial argument for full dismissal of the criminal charges.
Despite seemingly insurmountable support for a guilty verdict and the shame I had internalized through the trauma of these experiences, I held onto the conviction that this criminal accusation was merely a relic of vestigial legislation. The misinformation and outright lies seeded by prohibitionist narratives since the advent of the War on Drugs had blossomed into burgeoning tendrils of prejudice and ignorance that stemmed throughout the criminal justice system and ensnared countless victims in its thorny grip.
Following his involvement in the initial campaign for decriminalization, my attorney continued to fight for psychedelic access through his work with the Natural Medicine Health Act (NMHA). This new law sought to retroactively decriminalize personal possession, storage, use, processing, transport, obtainment, ingestion, cultivation, gifting, and ancillary support services for psilocybin mushrooms and other natural psychedelic medicines, and create a legal clinical system for patients to access therapies at licensed facilities, staffed by specialists trained to state specified standards.
In comparison to my legal conundrum, this new paradigm seemed like salvation. Despite my social anxiety and traumatic episodes of police-related paranoia, I attended several events in support of the NMHA and immersed myself in the local ecosystem of fellow psychedelic enthusiasts and professionals. Stark differences in opinion over decriminalization versus legalization and regulation divided the group into clear sides: those in support of the NMHA and those opposed.
With the prospect of my freedom hanging in the balance, I was deeply confused and saddened by this conflict. Completely unable to discuss the details of the ongoing investigation, I repressed impulses to share my struggle, instead opted to thoroughly review the language of the NMHA itself and network with the incredible individuals responsible for drafting and supporting it. The guidance and expertise offered by this group was invaluable during this vulnerable time. I was humbled to receive their presence in my life and gladly accepted an invitation to host an educational psychedelic mini-conference at my home. The event included numerous presentations, talks, demonstrations, and group exercises from expert members of the local community and conjured a feeling of much-needed camaraderie in light of the glaring uncertainty surrounding the approaching election.
Despite all my efforts and attempts to support the campaign, review case evidence, and secure a path through this upheaval, I ultimately had to surrender to a lack of control. I slowly allowed a fickle feeling of freedom within myself and began to engage in my own life with renewed interest.
On a serendipitous skate down the Cherry Creek Trail into Confluence Park, I ran into a representative of the NMHA collecting signatures for the law’s inclusion on the upcoming November ballot. As I happily offered my support, I reflected upon the potency of surrender and its demonstrated ability to align me with an opportunity to support progress for the future of psychedelics and my freedom.
The Road to Redemption
Notwithstanding the inspiring support offered by compassionate communities, gaining ground with the prosecution moved at a snail’s pace. Resistance to dismiss the case outright was inherent to their initial plea offer of a level three drug felony (DF3), requiring up to four years of imprisonment and fines up to $500,000. Besides litigating the case in court, the upcoming vote for the Natural Medicine Health Act appeared to be the only way towards resolution.
After submitting my ballot in support of the NMHA as early as possible, I hit the road to visit loved ones and explore the natural beauty of the country. Over the months leading up to the November 2022 elections, I surrendered to the sweeping landscapes of North America, crossing the distance between California and New York twice before the ballots were counted. No matter what the future held for me, I was determined to bring my fullest attention to the precious days I had left and enjoy the freedom and simplicity allowed by a life rich with companionship and catharsis.
By November, the NMHA passed, marking significant progress in the psychedelic movement. Still, the prosecution remained resistant to dismissal. I contemplated accepting a plea deal to avoid incarceration, but it felt like a conviction in itself.
My legal journey took an unexpected turn in mid-December 2022 when my attorney presented a compelling argument for dismissal based on the NMHA’s language. To my astonishment, all criminal charges against me were entirely dismissed.
Reflections on Freedom and Justice
The dismissal of my case highlighted a profound shift in societal values regarding psychedelics. However, I couldn’t help but think about the countless lives affected by the War on Drugs and the thin line between freedom and persecution. My own burdens included debt, missed career opportunities, and traumatic memories.
As Colorado prepared to draft guidelines for the psilocybin industry, I continued to struggle to recover seized property. While progress had been made, the burdens of prohibitionist policies continued – and continues – to threaten the lives and liberties of many Americans.
My journey from arrest to legal redemption was a rollercoaster ride through the complexities of drug laws, personal trauma, and the evolving landscape of psychedelics. While I found freedom in the dismissal of my case, the broader fight for justice and the responsible use of psychedelics is very far from over.
In this episode, Joe interviews Erik Vaughan: Co-Founder and Manager of Epiphany Mushroom, a mushroom and mental health company based in Akron, Ohio.
Epiphany mushrooms will initially be selling Lion’s Mane, Reishi, and Cordyceps, and they plan to expand into more functional mushrooms while also pursuing a license to operate healing centers in Colorado. Vaughan was involved in changing Colorado’s psilocybin legislation after lobbying to add a section that allows product testing labs to register and charge for their services – while voluntary and complementary to required testing, it allows growers to have an unlimited amount of product for testing purposes; adds an extra step in keeping the grower and lab in compliance with state law; and, as more states work on their own legislation, highlights the need for potency testing to let customers know exactly what they’re ingesting.
He discusses changing attitudes and how Michigan can lead the way for the midwest; why he’s excited about Colorado and what they got right; the enthusiasm of the mycology crowd; Rick Perry’s speech at Psychedelic Science 2023; the iron law of prohibition and mushroom products sold in Ohio; and the incredible inefficiency of the drug war (when viewed like it was not designed to do exactly what it’s doing).
Notable Quotes
“This is how we get to maximum access. There’s a lot of the population that wants a regulated, licensed program. But also, that is going to price out a lot of the population. And so, having access to all of these different delivery methods, all of these different programs, [all of the ways] you can do it, all of the different ranges of costs: I think this is how you allow responsible access to the most amount of people with the least amount of damage.”
“It’s just such an incredible inefficiency. We’re losing that war on every metric, and how is that good for anyone? …You don’t even have to care about the good that it does for the individual, you can just look at it purely from an economic standpoint: it creates this untaxed black market that has dangerous products. And how’s it going? That, again, is what excites me to see; that in 50 years, we’re going to look back and say, ‘Ok. Hey, we made it through that.’”
In this episode, recorded in-person at the recent reMind conference, Joe interviews Kaci Hohmann and Dave Kopilak: business attorneys at Emerge Law Group and co-chairs of Emerge’s psychedelics practice group. Hohmann also serves as Chair of the Oregon State Bar’s Cannabis and Psychedelics Law Section.
They were both drafters of Oregon Measure 109 (with Kopilak as the primary drafter), so this episode goes deep into the details, legalities, and possibilities behind Measure 109. What licenses are involved? What does a business heading to Oregon need to prepare for? What do they think the feds will do and how does that relate to cannabis’ Cole Memorandum? What is tax code 280E and how can its effects be minimized? What do they see the future looking like?
They discuss what they do for clients at Emerge Law Group; the differences between the cannabis and psychedelics industries; why service centers are likely more important than the products; and how the psilocybin service center experience is more like a relationship with clients than anything in the cannabis world, which makes everything much more complicated – but also much safer.
Joe also highlights some recent news, including MAPS PBC rebranding to Lykos Therapeutics, symptoms from traumatic brain injuries being improved by the combination of ibogaine and magnesium, and more!
Notable Quotes
“Cannabis growers have different philosophies on indoor/outdoor, all kinds of stuff that a discerning customer may or may not be interested in. So I think that some facilitators, just like service centers, can have any type of look and feel they want. Facilitators can have their own style of facilitation, which could range from anything: Indigenous/shamanistic or not, or health-oriented or something. And the ceremony part of it could be meaningful to folks or maybe not (like ‘here, take a capsule,’ you know). It sort of depends on a lot of things, but I think that’s interesting because it allows the facilitators to kind of mold their own ways of doing things and the service centers to mold their way of doing things. And you mix them all together and every experience might be unique.” -Dave
“I think there’s a lot of negative talk around Oregon’s program, or misconceptions. And I think some are valid, but overall, I think that things are going to trend in a positive direction, and I think as the program matures, we’re going to see a real healthy, sustainable program in Oregon. So I’m excited about the future, and I really enjoy all the clients that we work with. Everyone seems to be in it for great reasons. And I think that’s awesome, as an attorney, to be able to represent businesses who are doing something right in the world.” -Kaci
“I’m really hoping that this is a new industry that can, years from now, just be sustainable, be profitable for folks. So I want folks to stay in business. That’s why I want folks to go in with good business plans, good legal advice, good CPA advice, good business advice, know what they’re doing, play defense a little bit, not get sued (that’s a big one), get insurance when it’s available, and set a good example for other states. And I think if it proliferates like cannabis [did], that’s a great, great thing for the country. And I think it will. So every state will do things a little differently, there’s always things that can be improved under any system, but it’s all an evolution. We’re at the beginning stages, we just have to keep going and surviving.” -Dave
In this episode, Joe interviews Mason Marks, MD, JD: drug policy analyst, writer, Professor at the Florida State University College of Law, and senior fellow and project lead of the Project on Psychedelics Law and Regulation (POPLAR) at the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics.
As somewhat of an expert on drug policy and FDA regulation, Marks discusses much of the current legal landscape: What was controversial and most interesting about the FDA’s recent guidance for researchers running clinical trials; how an amendment changed Colorado’s Natural Medicine Act and the odd vibe coming from the rule-making process (very private with canceled meetings and a notable lack of urgency); concerns over Oregon’s confusing program not being sustainable; and how Senate Bill 303 drastically changed confidentiality and how personal data would be collected in the state.
He also discusses the complications and ethics of end-of-life care and psychedelics; the theoretical heart valve risk from chronic use and ways we could research this; the challenge of informed consent; the legal risk of transactions involving people gifting illegal substances; the Gracias Foundation’s recent $16 million grant to Harvard and how people at Harvard feel about psychedelics; and more.
POPLAR, which was founded to essentially change laws around psychedelics, is hosting a conference on February 16 in Manhattan called “Drug Law for the 21st Century,” which will be looking back on 50 years of DEA drug policy and envisioning what could be different going forward.
Notable Quotes
“I love the law because it’s sort of the rules by which society functions, and I think that’s why law in psychedelics is so interesting. And that’s why we founded this project, POPLAR, in the first place, was that we saw that there were academic, medical programs popping up all over the world (so they’re focusing on clinical trials), but it’s really the law that is the bottleneck in a lot of the scientific progress. So there wasn’t anyone focusing on fully investigating that bottleneck: How do we actually change the law [and] open up the valve so that we can get more scientific research done?”
“If you look at the law and you look at the Oregon Health Authority’s rules to implement Measure 109, there’s no question: It’s a non-medical program. People hate it when I use this word, but it’s a supervised recreational program. …Whatever term you use to describe adult use cannabis, that’s really what Oregon is with the change that there is this supervision component, and it creates a lot of problems, to be honest. One of them is the incredible cost.”
“I think just having honest conversations is what it really comes down to, telling people that we don’t really know. ‘This mystical experience you might have: It could be a very important part of the therapeutic process or it might be kind of ancillary. We don’t really know.’ I think a lot of people do jump to conclusions, and being open-minded like you said and educating oneself [is important]. I’m constantly learning. You have to be about this. You could study for a lifetime.”
Amidst the fervent cries of psychedelic-centric victory heard around Colorado since the passing of the Natural Medicine Health Act (NMHA), it is important to remember those less publicized, less well-funded, and less white, human beings who continue to suffer and die from various manifestations of the War on Drugs – the same political ill that prevented access to “natural medicines” in the first place.
A malignant disease afflicting the collective body of culture, the War on Drugs is among the most horrific, anti-human disasters in the history of American policy. Lack of access to psychedelics is one symptom of this disease, but there are many others; including the opioid overdose epidemic, mass incarceration, the creation of Mexico’s narco-state, the militarization of police, the erosion of personal rights, and continued institutionalized racism. Like a very expensive band-aid triumphantly placed on the skinned knee cap of a dying person by self-congratulatory doctors, the NMHA does absolutely nothing to alleviate these most malignant symptoms of the disease that is the War on Drugs. In this way, the NMHA and other psychedelic-centric drug policies paradoxically represent the continuation of oppression more than its end.
Passed on November 8th, 2022 by Colorado voters through a ballot initiative, the NMHA brought immediate statewide decriminalization and pending legalization of certain “natural medicines” including psilocybin, DMT, mescaline, and iboga. Those unfamiliar with the details of the NMHA can read about them extensively here. As far as psychedelic policy goes, the NMHA is a reasonably cutting-edge development, merging both legalization and decriminalization models. But there is no such thing as a “psychedelic policy,” only drug policy.
Dr. Carl Hart, Columbia University’s Department of Psychology Chair, defines the problem succinctly as “psychedelic exceptionalism,” “the perspective that psychedelics are somehow better and more useful than other classes of drugs like opioids or stimulants.” This rampant false belief that psychedelics can be meaningfully separated from the larger drug policy conversation enables the generally privileged and up-power “psychedelic community” to ignore prohibition itself as the core societal disease while profiting from the treatment of a single symptom. Rather ironic, really.
Gazing through the glamor and capitalist speculation currently surrounding the psychedelic phenomenon reveals a more essential truth: Psychedelics are morally-neutral substances just like any other. Our inability to see this is our responsibility, but, in part, not our fault. America has a long-standing tradition of simplistic moralistic judgments around substances which began with the Women’s Christian Temperance Movement in the 1800s and continued through programs like D.A.R.E. Our cultural soil is deeply seeded with the idea of “good drugs” used by “good people” and “bad drugs” used by “bad people.”
After decades of wrestling with this tired old narrative, we’re finally managing to change it, but only along those same dualistic lines of thinking. By highlighting the positive effects of psychedelics, we have begun to politically pry some useful substances from the realm of “bad” drugs. The DEA is now considering releasing MDMA from its unscientific schedule I clutches while states legalize and decriminalize some psychedelics. This is the entire basis of the psychedelic renaissance. What has unfortunately not been considered is the problem with assigning a moralistic value to substances in the first place.In a compensatory over-swing of the flawed rhetorical pendulum, “psychedelic people” and their “medicines” are now coming to be seen as “good.” Such thinking leads predictably to unjust policy outcomes. This is, after all, the same fallacious logic that sparked the War on Drugs in the first place.
The categorical separation of “good” drugs and “bad” drugs is synonymous with the assignment of human beings into those same categories. The prevalence of this bias in the psychedelic space, implicit or explicit, betrays a deep lack of contextual awareness leading to oppressive behavior, which is contrary to the kind of societal-level healing that the movement claims to represent. Despite the political utility of rhetorically distancing psychedelics from other substances, our “natural medicines” are still ultimately “drugs” that must be considered within the larger context of American drug policy.
The Cultural Context of Psychedelics: A Brief Reminder of The War on Drugs
To triage the symptoms of prohibition, addressing each by their lethality, reveals a clear picture of the injustice inherent in a myopic focus on psychedelic-centric policy change. While it’s true that lack of access to psychedelics is preventing untold numbers of people from receiving helpful treatments for things like anxiety, depression, PTSD, addiction, etc., these kinds of maladies are collectively overshadowed by more immediately fatal symptoms of prohibition.
Itemizing the harms of the War on Drugs is something akin to sorting through the rubble of a war-torn metropolis while bombs are still falling – an extensively horrific task far exceeding the scope of this article. Two vignettes that partially describe the scope of destruction can be found in the interwoven phenomena of the opioid epidemic and mass incarceration; two direct symptoms of the War on Drugs.
The number of people who died from opioid overdose in 2022 was the equivalent of a 9/11 attack every 2 weeks, and rising in 2023. After September 11th, 2001, the U.S. reacted swiftly to pass a series of sweeping legislation, initiate new programs, and even go to war in Iraq and Afghanistan. Opioids clearly kill many times more people than terrorism ever has, but no such action is being taken. We won’t even mention the fact that opium production in Afghanistan was higher under U.S. control. The solutions to the opioid problem can be clearly found in harm reduction-based policies such as those implemented in Canada and Portugal. These policies stand on much firmer empirical ground than those arguments that drove our country to war in the Middle East, so where is the commiserate response?
Throughout alcohol prohibition in the 1920s, simple logistical realities incentivized clandestine distillers to manufacture the strongest possible concentrate of their drug, and moonshine was born. It was both easier to conceal and more profitable per gallon than beer or lesser-proof spirits. Fentanyl is the same story. One pound of Fentanyl is as potent as nearly 50 pounds of heroin, and one pound of carfentanil is as potent as 100 pounds of heroin. Which is more likely to be smuggled across a border? The manufacture and indiscriminate distribution of the most lethal substances is not stopped by the War on Drugs, it is directly caused by it.
An article published in the Journal of Law, Medicine, & Ethics titled “We Can’t Go Cold Turkey: Why Suppressing Drug Markets Endangers Society” names U.S. drug policy itself as a “key accelerant that transformed this wave of addiction into an inferno of death, disease, and personal destruction.” It’s well known that a policy approach centering harm reduction and public health over criminal punishment greatly reduces overdose deaths. Yet, we continue to quietly tolerate more than a hundred thousand American deaths each recent year.
Overdose is only one of many dark manifestations of prohibition untouched by psychedelic-centric policies. The United States, the “land of the free,” only has 4% of the world’s overall population, yet holds 20% of the prison population. Of those people in U.S. prisons, 45% are there for nonviolent drug offenses. This means that nearly 10% of human beings in prison on planet Earth are imprisoned in the United States as non-violent victims of the War on Drugs.
The outcome of American drug policy is so horrifically maligned with the logicalgoals of such policies (public health & safety) that one can’t help but question the intentions of policymakers. Far from the realm of fringe conspiracy, we have seen institutional harm inflicted intentionally on substance users in the past. In the 1920s, the U.S. Government intentionally poisoned alcohol heading for the underground market, resulting in the death of at least 10,000 people. This action was justified using logic that claimed people who use drugs are bad, morally reprehensible humans – that same tired old trick of moral conflation. If the goal of the War on Drugs was to reduce drug use and create a safer society, then it has failed horribly. If the goal is to punish “bad” drug users in some of the most severe ways imaginable, then the War on Drugs has been a resounding success.
Through the lens of trauma-informed care, which invites us to see substance use as a result of trauma, the situation becomes downright sinister. A common American story might be told as such: A traumatized person turns to substances as a momentarily helpful coping mechanism. (Those with 4 or more Adverse Childhood Experiences are 1,350% more likely to abuse opiates than the general population). As a direct result of prohibition itself, the substances they find on the street are concentrated to the highest potency imaginable. There are few, if any, harm reduction or effective mental health services available. Instead, a militarized police force backed by an 80-billion-dollar prison industry is actively seeking to put this person in a cage – that is if they don’t overdose first. It is into this maelstrom that policies like the NMHA interject: “Legalize psychedelics!”
Why Only “Natural Medicines”?
A report from the Colorado Department of Public Safety on substance use trends does not even mention psilocybin or other psychedelics as relevant factors in state public health. The report does, however, describe an increase in fentanyl-related incidents including lethal overdose, explaining that 275,569 doses of fentanyl were seized in 2021. According to the Denver Open Data Crime Catalog, only 14 people were arrested for psychedelics in 2021, and 24 people in 2020. For opioid arrests in those same years, the numbers were much higher: 236 and 348 people respectively. The numbers were even higher for the worst outcomes, with an average of about 1,000 people dying every year in Colorado from an opioid overdose. In this way, psychedelics are not an immediately pressing issue from a law enforcement or public health perspective. So why do they continue to be the sole focus of organized and well-funded political efforts such as that which birthed the NMHA? Why has this particular symptom of prohibition received so much attention, funding, and policy action?
Interest Convergence: Suddenly The Privileged Care About Drug Policy
It’s an unfortunate truth that our beloved Renaissance and all of the psychedelic research and policy are predominantly reflective of white interests. One historian asserts that “psychedelic culture [is] dominated by privileged white men.” Indeed, a recent U.S.-based survey of over 41,000 people found that more than half of the white respondents had used psilocybin or LSD, “whereas less than one-quarter of Black [people] reported lifetime psilocybin use.” A relevant meta-analysis examining 18 studies on psychedelic-assisted therapy that occurred between 1993 and 2013 revealed that “82.3% of the participants were non-Hispanic white.” Psychedelic exceptionalism appears to have firm roots in institutional racism and white privilege.
As if by design, historically oppressed groups suffer and die from the War on Drugs at higher rates than white people. Though the recent intensification of overdose deaths allows a more clear view, we have seen these same kinds of disparities for decades with little attention given. Besides MAPS, which is perhaps the first pharmaceutical company in history to explicitly oppose the War on Drugs, there have been few for-profit organizations working to fight prohibition in any way. Now we see psychedelic ticker stocks, psychedelic venture capitalists, and psychedelic certificate programs all vehemently fronting the narrative of “healing” while functionally ignoring the collective disease that is the War on Drugs.
It seems institutional racism, the at-scale death of opioid users, and mass incarceration were not enough to attract the attention of the wealthy and powerful to drug policy. Only the promise of greater wealth has been sufficient to finally stir society’s biggest players into support of limited reform. Suddenly, every venture capitalist is a psychedelic advocate, but where are the drug policy advocates? After all, the only true difference between the heroin dealer and the “psychedelic entrepreneur” is that one is on a side of the culturally created narrative which happens to be favored at this particular moment in history. Tomar Pierson-Brown puts it succinctly in saying: “It’s not irony, it’s interest convergence.”
Healing Without Harming: Anti-Oppressive Psychedelic Advocacy
Psychedelic modalities are without-argument desperately needed as accessible tools for front-line mental health professionals, but policy efforts focused on them exclusively are oppressive. Ibram Kendi, author of How to be an Antiracist, explains that “there is no such thing as not racist, there are either anti-racists or racists.” In this same way, drug policy is either anti-oppressive or oppressive. There is no in-between. Without applying this attitude, policy and organizational efforts within the psychedelic space are destined to become embodied examples of oppression.
Anti-oppressive approaches “minimize the effects of structural inequalities, social hierarchies, and power differentials.” As we have seen, psychedelic-centric policies like Colorado’s NMHA actually accentuate the power of the dominant groups and do absolutely nothing for the people suffering most from the War on Drugs. Drug policies like the NMHA neglect the most destructive aspects of the War on Drugs in favor of the more profitable, ‘sexy,’ and privilege-aligned substances (like psychedelics). These kinds of policies pander to the dominant culture while ignoring the core problem.
Fervent psychedelic purists (I know because I used to be one) will argue that making psychedelic healing widely available would lead to the amelioration of addiction. While this is true to a degree, it would not happen fast enough to meaningfully stem the tide of overdose deaths and is a backward way to approach the problem; like using nicotine patches to treat lung cancer.
Anti-oppressive psychedelic advocacy must necessarily include and prioritize an end to the War on Drugs as a whole, not just psychedelic legalization or decriminalization. The systemic situation that prevents access to psychedelics is the same that has created the overdose epidemic, mass incarceration, and a slew of other hugely destructive phenomena. It’s the War on Drugs and the disease of prohibition. As beneficiaries of recent drug policy changes, psychedelic institutions of all kinds have a clear responsibility to advocate for an end to the War on Drugs writ large. To ask “How can I make a psychedelic dollar?” without simultaneously asking “What can I do to help end the War on Drugs?” is unjust and tone-deaf. Only by directly addressing the core disease itself, and not just a single symptom, can we begin to truly heal as a culture.
In this episode, Joe interviews Deborah C. Mash, Ph.D.: neuroscientist; Professor Emerita of Neurology and Molecular and Cellular Pharmacology at the University of Miami Miller School of Medicine; and leading researcher in addiction and brain disorders for over 30 years.
She is also the CEO and Founder of DemeRx Inc., a clinical stage drug development company working to advance ibogaine and its active metabolite, noribogaine, for the treatment of opioid use disorder. She talks about the Federal and state complications behind ibogaine research, the need for partnerships between clinics and researchers, what needs to be done to collect much needed Phase II and III ibogaine data, and why this all has to be in partnership with the FDA.
And she discusses much more: her story of how studying Cocaethylene led to her finding out about ibogaine; ibogaine and QTc-prolongation; deaths related to iboga and the amount of variables that aren’t considered; how the French were essentially using noribogaine in the 1930s; and, as this was recorded at Psychedelic Science 2023, her thoughts on the event and Rick Doblin’s opening statement.
Notable Quotes
“We can now study all of the neurons in the brain for the first time and genetically phenotype them. So now we know there are subclasses of GABA neurons, there are subclasses of glutamate neurons. I mean, this is profound. And so here we are. We’re at, again, another next wave of learning about the human brain. There’s more neurons and neural connections in the human brain than there are stars in the Milky Way galaxy. So it’s a complicated story.”
“If anything, ibogaine is the hardest psychedelic to work with. But I’m here for the challenge.”
In this episode, Joe interviews Ethan Nadelmann: author, speaker, Founder and former Executive Director of Drug Policy Alliance, host of the PSYCHOACTIVE podcast, and one of the leading voices in drug policy reform and harm reduction.
Nadelmann shares his journey from Princeton University to founding Drug Policy Alliance, to working with George Soros, encouraging Gary Johnson to push cannabis legalization, and interacting with prominent figures like Milton Friedman and Grover Norquist. He explores the motivations behind the drug war, the massive growth of incarcerations it led to, why the US spread its war on drugs abroad even when it went against our best interests, and, thankfully, the progress made in fighting the drug war – particularly with cannabis and psychedelics.
And he discusses much more: the banning of drug testing kits; the damages of our slow learning curve against the idea of a safe supply; the risks of under-prescribing opioids for people who actually need them; how libertarians, the right, and left are all starting to become against the drug war for the same reasons; why cigarette smokers should all switch to vaping; the concept of needing to pass a test at the pharmacy to prove you understand (and won’t abuse) medication; and some strong arguments for decriminalization as an incremental step. And he asks some pretty important questions that we can all simmer on for a bit: how do we find a balance between helping people and not opening the rest of society up to harm? How do we challenge abuse in a way that doesn’t hurt future harm reduction efforts? And how do we incentivize people into acting in their own best interests?
Notable Quotes
“The drug war resulted in the unnecessary arrests of tens of millions of Americans, the unnecessary incarceration of millions of Americans (oftentimes for very long periods of time), hundreds of thousands of people dying in this country with HIV/AIDS unnecessarily, tens of thousands dying of overdose unnecessarily. That was the drug war.”
“If I could snap my fingers and all of the 30, 35 million American cigarette smokers in the country today, or all of the 1.1 billion smokers around the world were to suddenly stop smoking cigarettes, and all of them were to take up vaping (the e cigarettes); …it would represent one of the greatest advances in public health in U.S. and global history, because the risks of smoking are so dramatically, dramatically greater than the risks of consuming nicotine in non-combustible forms.”
“You look at people pursuing that type of legal course of action where they claim it’s about helping bring attention, but in fact it’s having exactly the opposite results. Yes, it’s important to fix these things, but the methods and ways you go about it are incredibly important. It’s just like the same thing when you had that case involving the therapist in the MAPS training program who did stuff that was sexually inappropriate, etc. And on the one hand, you definitely need people to bring attention to that, and more credit to them for bringing attention to those abuses. On the other hand, one has to have the basic realization that that happens in all areas of psychotherapy. You can’t eliminate this stuff. It’s human nature, it’s humankind. You can minimize the incidence of it, you can bring attentions to the abuses, but make sure that what you’re advocating as the fix is not leading to doing more harm.”
In this episode, Joe interviews Satya Thallam: Policy Advisor at the international law firm, Arnold & Porter; and longtime policy expert based in Washington, D.C. who previously served in senior roles at both the White House and the U.S. Senate.
Thallam was the lead author and negotiator of the Federal Right to Try Act, which grants terminally ill patients access to experimental therapies and substances that have completed Phase I testing but have not yet been approved by the FDA. He discusses its intricacies and benefits, how psychedelics were not a focus but were always obvious, whether or not it allows people to grow their own mushrooms, and more. He talks abut the implementation of the first Federal legalization of hemp under the Farm Bill in 2018, breaking down the history and detail of how it came to be, and why a difference of .3% in weight truly matters when establishing law.
He discusses the changing landscape of politicians and psychedelics; how local action creates a culture of inspiring Washington; the internal fight between different agencies and the endless lobbying it takes to get things done; how one needs to cater their argument by who is listening; risk assessment and judgment-proof operations; the concern over whether or not we got everything wrong with cannabis; and why we will likely begin seeing a lot of coalitions popping up in the psychedelic space.
Notable Quotes
“All of this, even just the traditional FDA regulatory rubric, is about a trade-off between type one and type two errors. And you can set policy in such a way that there’s 0% chance of any harm, but then you forgo any possible benefits from that. There is no drug anywhere that has 0% risk. Even Advil has risk, right? It’s all about dosage, it’s all about use, it’s about other conditions that you may have, it’s about tailoring it to the appropriate indication. …We make these trade-offs all the time, and I just happen to fall more in the camp that a greater degree of those trade-offs should be at an individual level to the degree possible than establishing a macro floor or ceiling that people have to respond to, because you may forego some incredible benefits like we’re seeing – especially in some of the psychedelics here.”
“I’m reminded of that Simpsons episode where Homer just says: ‘When will people learn democracy just doesn’t work?’ Like, this is the necessary mess of democratic institutions, right? They’re not structured to listen to the single smartest person in the room. That’s by design. That’s a feature, not a bug. But it also means progress can be slow, slower than we want it to be. …I’m newish. I’m sort of a noob to the psychedelics community, but I’m not new to policy. I think the folks that you talk to that are in your circle, that listen to this show, should be pretty encouraged. I think overwhelmingly, things are going in the direction that you would want them to.”
In this episode, recorded in-person at Psychedelic Science 2023, Kyle interviews Senator for the Mexican Green Party, Alejandra Lagunes.
Lagunes is the first Senator in Mexico to promote the use of psychedelics, and has been organizing open parliaments to foster collaboration between researchers, scientists, politicians, and Indigenous people, culminating in a groundbreaking decriminalization initiative to decriminalize psilocybin and psilocin from list 1 to list 3 (meaning they could be prescribed), create a new chapter for entheogens (and move mushrooms there), build an economically beneficial framework for Indigenous people, protect ancestor knowledge by law, and make big bioconservation moves with changes to environmental laws.
She discusses her personal journey with depression, anxiety, and a life-saving ayahuasca journey; how Covid uncovered a crisis in meaning and an openness to talk about mental health; the need for accessibility and safety in psychedelics against challenges in politics and policy implementation; our mental health crisis and the need for innovation, education, and overcoming stigma; the influence of US drug control policies on international regulations; the power of storytelling; and why we need to go back to our origins.
Notable Quotes
“The world means to go back to the beginning, to the point of beginning. And I like to think that this psychedelic revolution or renaissance is actually going back to the beginning, to the essence. And that space: you have to talk about environment, you have to talk about the planet, you have to talk about ancestors and their relationship with the planet and with the community. …The revolution is going back to that space, outside and inside. It’s like going back to the origin.”
“The medicine is as important as the places they grow in. The medicine is in the ecosystem. You have heard about the mycelium. You can grow a mushroom in your house. That’s great. But the mycelium in those places: it’s for them, the medicine. The rain, the thunder, and the earth, the soil where the mushrooms are grown: it’s the medicine. So we have to protect those areas.”
“You know what I think all the countries should do? The World Health Organization (the WHO) has these lists of substances, and as countries, we can ask our governments to ask for a revision of those lists. So we have to start. Like, there are many ways we have to work the decriminalization. I mean, the psychedelics shouldn’t be in that list, and they are in an international list. So my question is why governments aren’t moving that list?”
In this episode, Joe interviews Sarko Gergerian, MS, MHC, CARC: a police peer support, community outreach, and health-fitness officer; founding member of the Community and Law Enforcement Assisted Recovery Program (C.L.E.A.R.); and psychotherapist trained in ketamine- and MDMA-assisted psychotherapy.
Any regular listener of the show should be familiar with how passionately Joe is against the drug war and the resulting policing of what many of us feel should be legal, so this in-person conversation with a police officer who seems to mostly be on our side is pretty refreshing to hear.
Gergerian discusses his entry into the force in his 30s, and what it was like to bring in a healthy “why is this illegal?” viewpoint on drug use and personal agency vs. the slow moving attitudes he saw in much of law enforcement. He talks about how working nightclub security taught him about safe spaces; the problems with officers not proactively moving on actionable information and building relationships with communities; and the very philosophy behind law enforcement: what do they hope to accomplish, do they want to make real change, and do they believe in the laws they’re enforcing?
And they discuss so much more: the need for diversity, cultural competency, and broadness in perspective; the criminalization of self-directed behavior; the effect critical incidents have on officers; drug war paranoia, legitimate concerns over hotlines and sensitive data, and psychedelic culture’s relationships with police; creating a culture of harm reduction within law enforcement, and what it might look like for police officers to receive psychedelic therapy.
Notable Quotes
“I think we, as a country, are more powerful by being diverse, and that includes diverse ways of thinking and that includes diverse ways of coming at challenges. And the more diverse our police departments are – I believe this with all my heart – the stronger we are for it. The stronger policing is for it. And I’m talking all types of diversity. …If we can diversify not only ways of thinking in police, but have a diversity of education and background in policing, then we’ll see some magic happen. Then we’ll see some creativity in how we respond to these very human problems that we all experience.”
“Keeping people alive has to be primary. If you don’t have a person that’s alive, you don’t have the possibility of recovery. So we’re tasked with watching out for one another, making sure people are alive, and whatever relationship they have with intoxicating substances: that’s their personal story, and they’re going to get to their healing journey and their recovery from any out-of-balance relationship in due time – their time.”
“I’ve been trained in [ketamine] and I was able to access it, so I’ve experienced it [at] very low dose (intermuscular). Magical. Magical. And the after effect for a couple of weeks, the reprieve, the relaxed feeling: it was beautiful. It was beautiful. And why shouldn’t our officers who are getting dark be able to access that before they’re pegged with depression? …Why shouldn’t they be able to access that before they put the barrel of the gun in their mouth, by themselves in their police cruiser? Why? Because you need a diagnostic label to access self-care? It makes absolutely no sense to me.”
In the second episode of our special, two-part series, the Psychedelic Morning Show, Joe Moore and Anne Philippi are live once again bright and early from Psychedelic Science 2023 in Denver. Listen to this podcast as they interview four guests working on the front lines of psychedelic research, law, and the treatment of chronic pain.
Guests for this episode include:
Tommaso Barba – PhD candidate at Centre for Psychedelic Research, Imperial College London
Allison Hoots – Attorney at Hoots Law Practice and advocate; President of Sacred Plant Alliance
Psychedelics Today is reporting live this week from the industry event of the year, Psychedelic Science 2023 in Denver. Listen in to this podcast as our co-founder, Joe Moore, and New Health Club founder Anne Philippi hit the conference floor bright and early in the first episode of a special two-part series, the Psychedelic Morning Show.
In this limited series, Joe and Anne chat in real-time with guests working in all corners of the psychedelic ecosystem, from advocacy, law and finance, to research and therapy.
Guests for this episode include:
Dr. Julie Holland – Psychiatrist, psychedelic researcher, author and medical advisor for MAPS
Daniel Goldberg – Co-Founder and Principal at Bridge Investments & Palo Santo
Hadas Alterman – Director of Government Affairs | American Psychedelic Practitioners Association
Melissa Lavasani – Founder and Chief Executive Officer at Psychedelic Medicine Coalition, Founder and President of Psychedelic Medicine PAC
In this episode of Psychedelics Weekly, Joe and Kyle are both on the road, so David and Alexa take the helm.
They cover news stories about:
-a man in Colorado facing a Class 3 drug felony for giving people psilocybin mushrooms in exchange for monetary donations – pointing out the bold (or stupid?) stances some are taking to highlight the absurdity of legislation that allows possession and donation as long as no money changes hands;
-a study showing what many of us have felt ourselves: that the day after psilocybin-assisted therapy, depressed patients had a stronger brain response to music and saw improvements in the ability to find pleasure in previously empty activities;
-a trip report from a psychedelically-naive 50-year old, showing the power and beauty of MDMA-assisted therapy;
-the New Hampshire state Senate continuing to be behind the times and voting down House Bill 639, which would have created a legal recreational cannabis framework for the state;
-a video where people on the street in Oregon were asked how much they thought psilocybin therapy would cost, showing a drastic misalignment between public perception and reality;
and a local TV news feature touring Rose City Laboratories, the first licensed psilocybin testing lab in Oregon.
And in conversation, they talk about some of the lesser-discussed (and often dismissed) tools like CBD, THC patches, and very low-dose edibles; the problem with drug dealers and harm reduction; the power of music in guiding a psychedelic experience (and in living a pleasurable life); and the importance of dosing and listening to your body to know what’s right for you.
In this episode of Psychedelics Weekly, Joe and temporary-Colorado-resident Kyle once again record in-person, discussing how psychedelics could change business, the drug war and safe supply, and more.
They cover:
-a Rolling Stone profile on David Bronner, who makes the case for multi-stakeholder capitalism; where businesses are accountable to their workers, customers, the environment, and surrounding Indigenous communities instead of just investors – an idea more people would likely align with after a psychedelic experience;
-The first psilocybin service center in Oregon (EPIC Healing Eugene) finally receiving their license via the Oregon Health Authority;
-A man who saw his color blindness improve for four months after a 5g mushroom experience;
-The opening of ‘The Drugs Store’ in Vancouver, British Columbia: a mobile store selling drugs illegally as a response to the opioid epidemic and constant influx of untested and laced drugs – the “inevitable result of the government doing nothing” towards offering a safe supply;
-and a survey from the CDC showing that cannabis use among teenagers has declined since legal dispensaries began opening, disproving one of the most common prohibitionist arguments that legalization would only increase use.
And of course, these topics bring on a lot of conversation: how businesses need to be more reflective on how they’re operating; concern over if too much regulation is nerfing the world; the human cost of the drug war and the ever-escalating amount of ODs and drug poisoning cases; HPPD and the need for research around psychedelics and vision/perception; why we will always need both clinical access and the recreational underground, and more.
In this episode of Psychedelics Weekly, Joe and Kyle record in-person again, discussing psychedelics and parenthood, sports, music, and more.
They cover:
-an Elle (!) article about how mushrooms are becoming the new ‘Cali sober,’ with more and more people starting to microdose – including parents;
-ESPN’s documentary, “Peace of Mind,” highlighting the rise of psychedelic use among athletes, including retired NHL player, Riley Cote;
-An article discussing how interest in psychedelics has skyrocketed in Oregon since the passing of Measure 109, and how over-regulation and the glacial speed of the government is only driving the growth of the black market;
-An essay attempting to define what it is that leads people to describe music as psychedelic (with several recommendations from Joe);
-DMT aficionados using AI to create and catalog depictions of the entities they’ve seen;
and more!
And they have larger discussions about the drug war, how famous athletes are opening people’s minds to psychedelics, how strict regulation in psychedelic legislation can create more harm, how we need to collaborate more in the psychedelic space, the concept of a DMT ‘hyper-slap,’ and the problem of psychedelic exceptionalism and thinking your drug is good while others are bad.
In this episode of Psychedelics Weekly, David speaks with Kyle, who recorded at Joe’s place while he was away atTrailblazers in NYC.
They talk about David’s trip to the UK last week forBreaking Convention, then discuss a recent Vice article about looking outside the binary and confined thinking of Western medicine and embracing the underground – that there are cheaper and more accessible peer support models and affinity groups for everyone, but in going underground, we need to be careful that more accessible models aren’t dangerous or re-traumatizing. While businesses are competing to make headway in the psychedelic space, nobody is controlling all of it, which leads to both possibility and risk.
They cover SB23-290, the bill Senate President Steve Fenberg created to establish a regulatory framework for psilocybin access and administration in Colorado in lieu of the advisory board that should have been put in place as part of Prop 122. They break down the positives and negatives of this framework, and ask: how much do these committees who are passing legislation really know about psilocybin?
And they briefly discuss an article on what MDMA therapy may look like when MAPS hopefully gets approval via the FDA early next year, Rick Doblin’s speech at Breaking Convention, and his concept of society eventually having “net zero trauma.”
She discusses her path to psychedelics, how she ended up running the Initiative 81 campaign (the Entheogenic Plant and Fungus Policy Act of 2020), and how she came to realize that decriminalization efforts can’t be the only option we go for – that, like it or not, we live in a system where politics and money are major factors behind any systematic change, and if we want to make any headway, we have to play the game. The Psychedelic Medicine PAC (Political Action Committee) was created to open up federal funding for psychedelic research, as nearly all research today (of which there still isn’t enough) is being funded by private companies. They will use donations to support politicians who are on our side and can advance psychedelic progress, who will push for federal funding to get the new and necessary data people who aren’t bought in yet need to see.
They talk about speaking with people from the other side of the aisle at a recent education campaign in DC; how federal funding is neutral money; what she learned from DC’s deprioritization of cannabis policing; how personal stories and one-on-one human connection can change minds better than traditional confrontational activism; and the need to get ahead of the inevitable wave of big pharma propaganda they’ll bring when they officially step up to the table. She believes the path to helping the most people is advancing science and data through federal funding, and that begins with education and getting more politicians on our side. If you agree, follow them for details about their upcoming event in May, visit their table at Psychedelic Science this June (use PT15 for 15% off tickets), and donate to the PAC or the coalition.
Also, as a bonus, this episode begins with a mini version of Psychedelics Weekly. Joe and Kyle didn’t have enough time to record a full episode, but still wanted to check in and review a few notable stories and highlight our recent Vital graduation ceremony. See you next week!
Notable Quotes
“I dipped my toes with the microdosing [and] I found immediate effects of that. I engaged with my children for the first time in many years, and with my son for, really, the first time since he was born. So that was a really mind-blowing experience of taking something for only a few days and feeling my humanity come back again.”
“I think when you take the media out of it and you isolate them in a place they feel very safe (in their office) and there’s no cameras around and they don’t feel the need to get their talking points across, and you have a human-to-human conversation with them about this issue, the result is that much better because you isolate all of these external influences that they’re constantly under and you say, ‘Listen, I am talking to you as a human being. This was my experience. This is what I did to heal myself.’ …Watching them have their epiphany about this is so fun.”
“When these campaigns win with very small margins (like 1%, 3%, 5%), that means half of the state voted against it, and that means half the state wasn’t being spoken to in these campaigns in the right way. …The U.S. is extremely diverse, and not just racially, but within perspectives that exist in this country, and we cannot just be speaking to one side of this issue. We have to really engage with the public in a meaningful way, and that is speaking to the half of the country that doesn’t understand this.”
“We forget that the traditional pharmaceutical industry has yet to step in on this issue. I think that they’re very closely watching what’s going to happen with psychedelics, but they have yet to stick their lobbyists on the hill. And that is the day that I am not looking forward to, because they have one of the most powerful lobbies in the country and they have budgets for this kind of work in the billions of dollars, really. So how is the psychedelic industry going to compete with that? How you counter that is: you educate members of congress, you educate those influential people before the pharmaceutical industry gets there so they can’t fill their heads with misinformation.”
In this episode of Psychedelics Weekly, Kyle is back in Colorado and in-person with Joe, and they discuss what stood out to them in the news this week:
-A New York Times interview with Roland Griffths, where he talks about his cancer diagnosis and how meditation and psychedelics have helped him prepare for the inevitable end;
-An article on the rising popularity of psychedelics among mothers, and the benefits and risks of moms rejecting alcohol culture in favor of something new (and largely illegal);
-The NBA removing cannabis from its list of banned substances and allowing players to invest in cannabis companies, which follows years of other sports slowly accepting that cannabis is a part of our culture and there’s no need to play the part of “big brother” anymore;
and an article looking at legalization from the perspectives of people who were against recent measures like Prop 122, and how some towns in Colorado and Oregon are looking for ways to prevent the creation of psilocybin service centers from being built in their backyards.
They also go further into the Psychedelic Medicine Coalition’s recently created Political Action Committee and the work they’re doing to educate lawmakers; Harvard Law School hosting webinars comparing psychedelic legislation and the role of psychedelics in Indigenous groups in Europe, Australia, and North America; Arizona’s HB-2486, which would give $30 million in grants to universities and non-profit organizations to conduct psilocybin research; and Rick Doblin’s recent appearance on The Joe Rogan Experience.
They also discuss the many events we’ll be at in the coming months, and the excitement and often overwhelming aspects of psychedelic conferences, which are outlined in this week’s blog from Dennis Walker. If you’re attending any, come say hi! And for discounts: use code PSYCTODAY for 30% off tickets to DiscoveryCon, use PSYCHTODAYBC10 for 10% off tickets to Breaking Convention, and use code PT15 for 15% off tickets for MAPS’ Psychedelic Science 2023.
In this episode of Psychedelics Weekly, Joe and Kyle join up once again to discuss the news and articles they found the most interesting this week.
They start with the business news everyone is talking about: Field Trip Health & Wellness closing 5 of their clinics due to financial struggles (a deficit of $48.7 million since their inception and a net loss of $6.9 million reported for the last quarter), little confidence they’d be able to receive more funding, and the changing landscape of ketamine telehealth now that the Covid Public Health Emergency should finally come to an end in May. They also highlight an article dissecting the collapse of Synthesis Institute and the lessons to be learned, with both stories really showing just how new and unstable psychedelic business still is, and how the allure of first-mover advantage can be a dangerous gamble.
They also discuss four drug reform bills introduced in Vermont: two of which would decriminalize simple possession of all drugs, making a “personal use supply of drugs” a civil offense with a $50 fine; one removing penalties for using or selling psilocybin; and the last decriminalizing certain psychedelic plants and fungi.
And they look at a research study aiming to learn more about people’s lives after they’ve been involved in a clinical trial, Time Magazine’s article about psychedelics and couples therapy, and a study that found that while 64% of survey respondents said at-home ketamine helped their symptoms, 55% (and 58% of Millennials) said they used more than the recommended dose – either by accident or on purpose.
Twitter: @Eddietalksdrugs(Have you participated in a clinical trial involving #psilocybin-assisted psychotherapy? How has life been after the trial? Contact psychedelic.experiences@psych.ox.ac.uk for more information.)
In this episode, Joe interviews Greg Lake, Esq.: Co-Founder of the Church of Psilomethoxin, author, and trial and appellate attorney specializing in working with entheogen-based religious practitioners in establishing their right to consume their sacraments under existing religious freedom laws.
Psilomethoxin (4-Hydroxy-5-methoxydimethyltryptamine or 4-Hydroxy-5-MeO-DMT) was first synthesized in 2021 by mixing 5-MeO-DMT with psilocybin substrate, and after initial tests and months of user reports, it was deemed safe to use.* Lake co-founded the Church of Psilomethoxin in 2022 with the goal of shifting the paradigm of religion to primary direct experiences and individual beliefs rather than a dogma everyone must follow, with a big focus on community and discussing the ultimate questions of life together – with Psilomethoxin as the sacrament of choice. While he prefers member-to-member referrals, there is an application on the site, and he hopes to grow the church through linking people up regionally, (eventually) training people to facilitate, and partnering with a data collection company to gather real-world data on both Psilomethoxin and on why people are seeking out psychedelic churches in the first place.
He discusses several cases that brought us here and inspired his work; why he believes Psilomethoxin won’t be a target of the Federal Analogue Act; the Religious Freedom Restoration Act (RFRA) and the need for states to establish similar state legislation; the importance of new churches establishing evidence in the public record; how much courts take sincerity into consideration; and the concept that, while we’re quick to think of the law as the enemy, courts often don’t want to go after churches – religion is a sacred and intimate thing, so who is the victim if a court brings a church to court that hasn’t harmed anyone?
*Update, April 17, 2023:Results from analytical testing released on April 12, 2023, reveal that there is no evidence to suggest the compound psilomethoxin is present in the samples of sacrament material the Church of Psilomethoxin is offering to their members online. The report, prepared by Samuel Williamson and Alexander Sherwood of the Usona Institute, states, “Psilocybin, baeocystin, and psilocin, were, however, unambiguously identified in the sample, suggesting that the claims regarding the biosynthesis of psilomethoxin may be misguided. The implications of these findings should be critically considered within the context of public health and safety.”
We are following this story at Psychedelics Today and are working to update our community with commentary from the researchers. Stay tuned to our social media channels for more on this topic.
Notable Quotes
“I think eventually the courts will come around to realize that where medical and scientific and religious and spiritual begin or end within this space is not crystal clear, because as we’re all aware, in the research, people, even in clinical settings, are having mystical, religious experiences. And then they see that that really, at many times, translates to positive outcomes. If people, even in a medical setting, can have a religious experience, well then where does ‘This is a religious exercise, this is not’ come into play?”
“One of our core beliefs is that in the peak entheogenic experience like 5-MeO, where you experience unitive cosmic consciousness, that’s basically our moral code – that once you experience unity with all, that tells you pretty much everything that you’ll ever need to know about how you should be treating other people, how you should be treating other beings, and how you should be treating the environment.”
“One thing I’ve learned (and I learned real quick working with these churches) is that, especially post-Covid, the community, for a lot of people, is just as, if not more healing and spiritual than the actual ceremonies.”
In this episode of Psychedelics Weekly, Kyle is joined by another new voice from the PT team: one of the main instructors and facilitators from our Vital program, Diego Pinzon.
Originally from Colombia, Diego has been living in Australia since 2008 and has been involved in the Australian psychedelic scene, playing roles in the charity sector, research with Psychae Institute, and is one of the researchers in the St. Vincent’s Melbourne trial, Australia’s first trial using psilocybin for end-of-life depression and anxiety. Diego gives his insight into the recent TGA re-scheduling of psilocybin and MDMA for treatment-resistant depression and post-traumatic stress disorder, respectively.
They cover the details, unknowns, and concerns: Is there enough time to train enough people? Do they have the infrastructure for this? What are the substances actually going to be? What percentage of people who apply will be granted access? What will it cost? And while psychiatrists will be able to prescribe, how much will the program really focus on therapy?
And they discuss Vancouver’s Filament Health creating the world’s first ayahuasca pill, which is close to FDA authorization to begin a Phase 1 trial. Of course this news begs some questions as well, mainly: with psychedelic use being such an active experience, how much does something like this change our relationship to ayahuasca? And with a consistent, more predictable experience, does that kill the magic?
In this episode of Psychedelics Weekly, David is joined by Kathryn L. Tucker, JD: Director of Advocacy at the National Psychedelics Association and a founding member of the Psychedelic Bar Association with over 35 years in advocacy in protecting the rights of dying patients.
Tucker is currently working with Dr. Sunil Agarwal of the Advanced Integrative Medical Science (AIMS) Institute in a battle against the DEA: Agarwal works with end-of-life cancer patients and approached the DEA to see how they’d accommodate state and federal Right to Try laws to grant his patients access to psilocybin, which the DEA denied. This led to the federal case, AIMS vs. the DEA (AIMS I), then AIMS II (which petitions their denial of Right to Try access), and now, AIMS III, which appeals their denial of the petition to reschedule psilocybin.
As with all things government-related, the story shows how little these people actually care about any of us, but Tucker gracefully walks us through the whole convoluted mess; explaining each step, what should happen next, where the DEA blatantly disregarded rules, what you can do to help, and ultimately, the importance of this case in how situations like these could be handled in the future (from both sides). She discusses the problems with state legalization under federal jurisdiction; what we can learn from what we saw with safe injection sites being canceled in Philadelphia; Cory Booker and Rand Paul’s Breakthrough Therapy Act; the idea of having state-legal programs actually run by the government to create a federal safe harbor; and more.
And in the news, they cover recently submitted legalization bills, Australia legalizing the medical use of psilocybin and MDMA (for specific conditions by approved practitioners), and the concern over what will happen with ketamine telehealth when the Covid-19 Emergency is finally put to an end in May.
Notable Quotes
“As you may have seen just last week in Australia, MDMA and psilocybin were rescheduled. And you might have noticed in the press release a reference to the fact that the Australian agency took in a considerable amount of medical and scientific data when it was considering that rescheduling. That’s proper. That’s necessary. That did not happen here. So what happened in Australia exemplifies and throws into sharp light that the DEA failed as a matter of process here.”
“The problem with state legalization as mentioned earlier is that it can do no more than offer state safe harbor. It cannot alter federal law. …Under the Oregon statute, all psilocybin must be consumed at a psilocybin service center, which must be licensed by the state, and it must be purchased and consumed at that center in the presence of a licensed facilitator. That is what is legal under Oregon state law. However, the operation of those psilocybin service centers is still a federal crime. And I think there has been a hope and possibly even an expectation that the federal government is going to look the other way. We have no indication that that is going to happen.”
“Within the Controlled Substances Act, there’s a provision that if the action is taken by a government official, then there is a federal safe harbor. So one of the ways that one might be looking at creatively revising these state legalizations is to have the program be run by the government. Now could you make an argument that when, for example, the Oregon Health Authority issues licenses to Oregon service centers, that that means it’s a government-run facility? Maybe. I mean, I think that’s an argument worth fully vetting, because it could bring you within federal safe harbor.”
In this episode, Joe interviews Jessica “Jaz” Cadoch: anthropologist, Co-Director of the Global Psychedelic Society, and Prop 122 steering committee member; and Sovereign Oshumare: Founder of XRYSALIS, an online community and retreat for queer, transgender, and intersex people of color, and Founder of Shelterwood Collective, a 900-acre eco-village and retreat center led by LGBTQ Black and Indigenous people.
Together, they are Co-Founders of ALKEMI, a consulting firm for psychedelic ethics and accountability, created due to the amount of businesses coming into this space who likely have very little understanding of the values that were established while they weren’t paying attention. They’re asking businesses questions many don’t consider: Is there a true need for them? Do they know their community and does the community want them there? Are their internal operations hierarchal or decentralized? Do employees feel heard and seen? And most importantly, have they taken any of the lessons from psychedelics and applied them towards the way they handle business and treat each other?
As Cadoch was a member of the steering committee for Colorado’s Natural Medicine Act (AKA Prop 122), she discusses what it was like from the inside: the problems (complaints about who was involved, if the voices from the community were a true representation, language in the bill); how the conflict showed how easily money and power could embody people; the problems with fighting over perfection while people are being sentenced to prison; and, where everyone is now: together in the aftermath, trying to figure out how to work together, unite missions, and build bridges between seemingly disparate parties.
They also discuss the problems with binary thinking, the concept of a business recalibrating its relationship to profit and ROI, what true access means, why it’s ok to go slow and not rush through the uncomfortable, and more.
Notable Quotes
“How are you really taking the lessons that the medicines are teaching us and applying them to the way you’re building your company? …Are you doing psychedelic business or are you doing business psychedelically?” -Jaz
“Each time that I’m broken, I’m rebuilt stronger. And that, to me, is such a journey. And committing to that journey is what I hope we as ALKEMI bestow upon people; giving them the endurance and stamina to be broken and be rebuilt, because we all need that. This system needs that. This world needs that. And we live in a system where we’re rewarded for not doing it.” -Sovereign
“At the end of the day, we are all we got. And the more we know who we are, the more we find alignment, the more we find each other, the more we mend our differences, the stronger we’ll be.” -Sovereign
“When we talk about access, it’s not only like financial access, but it’s also cultural access – to make it make sense for people who don’t speak this language, make it make sense for people who have survivor’s guilt from growing up in the hood in D.C., make it make sense for Hispanic rural communities, make it make sense for my Grandmother that needs a doctor in a white coat to tell her that this is safe. That’s what access means. It’s all of that.” -Jaz
In this week’s episode, Joe is joined by Kyle, calling in from The Atman Retreat in Jamaica, where he’s running the fourth of five retreats offered through our Vital program.
They first discuss some news: Oregon Senator Elizabeth Steiner introducing a bill (SB-303) to essentially override many of the recommendations of the Oregon Health Authority, especially around client data – which would be provided to government agencies instead of staying private (which the people voted for); a reparations proposal in San Francisco recognizing the harms of the drug war; GOP lawmakers in Missouri and New Hampshire proposing bills for psilocybin therapy and psychedelics legalization (respectively); and Canada’s Apex Labs being granted approval for a take-home psilocybin microdosing trial.
Then, Kyle gives us an update on his very busy last few months, running Vital retreats: breathwork in Costa Rica, breathwork and cannabis in Colorado, and psilocybin in Amsterdam and Jamaica. He talks about the retreats themselves, the five components of breathwork, the idea of safety and “brave spaces,” the power of community and being witnessed, the concept of focusing on technique over the substance, what students have been saying, and finally: how the five elements relate to Vital, psychedelic therapy, seasons, and the process of growth. Reminder that applications for Vital’s 2023 edition (beginning in April) close at the end of February (update: we’ve extended the date to March 26), so if you’re curious, head to the site to learn more or attend an upcoming Q+A here!
For this week’s episode, we had plans for a guest to join Joe to talk about some legal battles, but as seems to be the norm this time of year, sickness postponed that conversation to a future date. With David taking some much-deserved time off and Kyle in Jamaica on a Vital retreat, this Psychedelics Weekly is a rarity: just Joe, monologuing the news.
It’s probably best to just listen and head to the links to follow along, but some highlights this week are: Prince Harry coming out of the psychedelic closet; Virginia lawmakers proposing the legalization of psilocybin; psychedelics legislation already in plans for nearly a dozen states in 2023; NBC news recognizing the need psychedelic therapists, facilitators, and education; the WHO aiming to rename 5-MeO-DMT to Mebufotenin; and Roland Griffiths creating The Roland R. Griffiths, Ph.D. Professorship Fund to ensure his work continues to be recognized after he passes.
He also talks about Convergence, and you should know that prices increase on January 16, so don’t wait any longer! Check back next week for more news and, *fingers-crossed* a co-host – hopefully Kyle calling in to tell us all about the retreat!
In this week’s episode, Joe and David meet up to talk about Vital, Convergence, and the latest news:
-Tryp Therapeutics and Mass General signing a letter of intent for a Phase 2 clinical trial investigating the effects of psilocybin-assisted psychotherapy for the treatment of Irritable Bowel Syndrome – interesting because it further highlights the likely effect of psychedelics on the brain-gut connection and that psychotherapy is involved;
-New York lawmakers pre-filing a bill to legalize DMT, ibogaine, mescaline, psilocybin and psilocyn (and remove them from the state’s banned substances list) for 2023;
-New York’s first cannabis dispensary finally opening on December 29;
-British Columbia responding to their opioid crisis (the latest data reports 14k deaths since 2016) by beginning a Portugal-like decriminalization model, allowing people 18 years and older to carry a combined 2.5 grams of drugs (heroin, fentanyl, cocaine, methamphetamine and even MDMA);
and finally, an interesting but confusing (maybe a follow-up is necessary) article showing that what we’re learning about ketamine could lead towards a better understanding of psychosis and schizophrenia.
In this week’s episode, Joe and Kyle are together again before Kyle sets off for a 2-month road trip centered around Vital retreats, where we hope he’ll be able to report in from live while in Jamaica.
In this week’s episode, Kyle is back on the podcast, joining Joe to discuss three recent articles; two of which pose a lot of questions.
They first look at Colorado’s Proposition 122, which, now that it has passed, enters into the long and arduous process of being figured out – all while existing in the complicated paradigm of state vs. federal legality. One of the biggest concerns revolves around data collection and privacy: Is the collected data truly anonymous? Since psychedelics will still be federally illegal, how can we trust that the DEA isn’t going to abuse their power?
Next, they discuss Attorney General Merrick Garland making moves to end the sentencing disparity between offenses involving powder cocaine and crack cocaine: while essentially the same substance, being caught with 28 grams of crack cocaine currently carries the same sentencing as having 500 grams of powder!
And lastly, they touch on a very interesting article from Lucid News about the value of psychedelic therapy, which gives some staggering data points showing why the black market will always exist: MDMA-assisted therapy sessions likely costing $11,500 (with the MDMA itself costing between $480 and $9,600), Esketamine treatments costing as much as $32,400 a year, and more – all with results that don’t seem to be as long-lasting as many believed they would be. This one deserves more analysis, but Joe and Kyle had limited time for recording this week, so stay tuned for more. For now, enjoy this episode, and Happy Holidays from the Psychedelics Today team!
This week’s episode features David Drapkin and Jon Dennis, who you know from Eyes on Oregon and all of the work he’s done in an effort to protect religious freedom under Oregon’s Measure 109.
They discuss opposition and concerns around Colorado Proposition 122 (which officially passed last week with 53% of the vote!) and recent cannabis legalization in three states, then move on to Oregon: what it’s been like being so involved in Measure 109’s rulemaking progress, what people were saying during this week’s final public comment period, whether María Sabina would be able to work under the proposed guidelines, and even the idea of microdosing under this new framework.
In April of 2020, the world was locking down at the same time the Black Lives Matter movement was gathering steam, and Joe and Kyle found themselves in new territory, filled with uncertainty and fear while watching conflicts explode everywhere. They felt an immediate need to talk about all that was happening, largely as a way to break through the lockdown malaise and connect with each other, and hopefully, our audience. And so, Solidarity Fridays was born: a different style of podcast that, instead of interviewing a guest about their story, focused on what was most pressing in their world: in the psychedelic space, and in their lives.
Other priorities took over and the series slowly faded away, but today, we’re happy to announce that the spirit of Solidarity Fridays has returned in a new weekly show, aptly titled Psychedelics Weekly.
The show will feature a rotating cast of familiar voices, while introducing new hosts and friends of the show, covering the most important psychedelic news (and our take on it), while giving you all a glimpse into what’s going on in our lives and at Psychedelics Today.
This week features Joe and Kyle, discussing the controversy around Wonderland banning a small list of people from attending, Colorado Proposition 122 passing (at least we think…), and the newest round of Navigating Psychedelics (starting November 29th; reserve your seat now!).
In this episode, Joe interviews Dana Larsen: one of Canada’s most well-known advocates for cannabis reform and long-time anti-drug-war activist.
Larsen discusses his path from a high school kid sending letters to Canadian Parliament about cannabis drug policy, to his recent Overgrow Canada stunt (where he gave away 10 million cannabis seeds in order to encourage people to grow plants everywhere), to opening his mushroom dispensary where he sells psilocybin and LSD, to last year; opening The Coca Leaf Cafe: a Vancouver, BC-based store that sells peyote and coca leaf tea (and they’re apparently the only store in the world doing this). As a long-time fighter of the drug war who has clearly made great strides, he talks a lot about prohibition and its many problems; and how, in all of his work, it’s been civil disobedience that has been the most successful.
He discusses what it’s going to take to establish a recreational mushroom market; differences between US and Canadian reform; his feelings on peyote; his thoughts on new designer drugs; his concerns with current rehab and safe supply systems; and he gives and an oddly fitting analogy between the stereotypical picture of an opiate user and the masturbation panic that spread through Europe for hundreds of years.
Notable Quotes
“I’ve been doing this for over 30 years, and looking back at this time, the one tactic that was the most effective was the civil disobedience. I’ve done a lot of political work, I’ve done lobbying and other things, and there’s a role and a place for that. But for me, I think the most success has come from myself and others openly breaking the law.”
“Large doses of mushrooms can be great, but for a lot of people, they don’t want to be super high. They just want a little bit. And I think that there’s a tendency, if it’s legal, for most people to move towards milder forms of use. When there’s prohibition, a lot of folks stop using, but those that continue to use are pushed towards the most extreme forms of use, which is most harmful for them and for society in general.”
“We talk about harm reduction, and I think that’s important, but the other side of harm reduction is benefit maximization. These substances aren’t just harmful; like with anything, you want to reduce the harms, but there’s positive things about cannabis use and mushroom use and cocaine use and heroin use. …There are a lot of positives about these substances as well as the negatives. Prohibition just makes the positives very hard to manifest and it accentuates the negatives to an absurd degree.”
In this episode, Joe interviews David Bronner: CEO (Cosmic Engagement Officer) of Dr. Bronner’s, a top-selling natural soap brand, that has, over the years, branched more and more into social (and psychedelic) activism.
Bronner visits largely to discuss Colorado’s Proposition 122, which they describe as “the most progressive policy yet” and would define natural plants like psilocybin, psilocin, mescaline-producing plants (excluding peyote), ibogaine, and DMT as “natural medicine,” and decriminalize their personal use, possession, growth, and transport for people over 21 years of age. If it passes, the statute would also create a Regulated Natural Medicine Access Program for licensed healing centers to administer these substances in safe, controlled environments.
He discusses the details of the proposal and its friction points with Decriminalize Nature’s efforts (most recently in their Initiative 61); some of the false narratives driven by opposition to Proposition 122; the ways the psychedelic movement is connecting with traditionally psychedelic-averse conservatives; peyote and the need to focus on sustainability; what happened with California’s Senate Bill 519; research into ibogaine; Biden’s federal prison “pardon”; and more.
While some say the people of Colorado aren’t ready for Proposition 122, we believe that they are, and we join Bronner in voicing our support for the measure – which could be a massive win for Colorado and the psychedelic movement in general. If you live in Colorado, we urge you to research the measure and think hard about which way you’ll be voting on November 8.
Notable Quotes
“Everyone here really wants to bring the healing power of these medicines and is understandably suspicious of corporate takeover like we’re seeing in big pharma. The way I see it; this regulated program and access is what competes with big pharma.”
“Conservative leanings on this could play in our favor, I don’t know. I mean, maybe not, but a crushing victory in Colorado, man, makes a lot of things possible. If we crush it with a 2/3 majority across a political spectrum in an off-year election in a purple state; that’s just going to send a shockwave to the political establishment and just make a lot of things easier, I think, at both the state and federal level.”
“What is a sustainable source of medicine? What’s not? This whole cognitive liberty/religious liberty [belief]: you need to balance that against ecological sustainability and Indigenous rights and not just say, ‘I have the right to use anything. It doesn’t matter how endangered it is or unsustainable that is.’”
In this episode, Joe interviews Christopher Dawson & Andrew Galloway: Co-Founders and CEO and COO, respectively, of Dimensions; a Canadian-based company creating retreats that blend traditional plant ceremonies with neuroscience and a luxurious, five-star environment.
Dawson realized what so many people were starting to learn about psychedelics after attending a 2015 conference in Peru that mixed neuroscientists with traditional healers, but for Galloway, it was direct experience, as he gives credit to plant medicines for helping him to heal from a 6-year addiction to crack cocaine. They each tell their story and how it led to the beginnings of Dimensions, where they worked for a year with a “Dreamlab” team of MDs, psychiatrists, practitioners from different fields, and even a design agency to create different programs for different substances – all with a focus on true set and setting and integrating perfectly with nature. They’re in the middle of a soft launch right now, offering cannabis in a ceremonial, group setting context to friends and families at their Algonquin Highlands location; perfecting everything before opening up to the general public. And once the law catches up with them, they hope to offer psilocybin and other psychedelic-assisted therapy across several new retreat locations.
They talk about Health Canada and the country’s trajectory towards legal psychedelics; critiques of traditional addiction treatment and the efficacy of 12-step programs; the tension between the psychedelic space and traditional healing space; investing in biotech; the polyvagal theory; how animals deal with trauma (and how we don’t); and the concept of integration: If you’re just taking a pill and not doing the work, are you missing the point entirely?
Notable Quotes
“We’re biased (we’re in the retreat business), but I don’t think that psilocybin, as an example, should be reduced to a pill that you take with your juice in the morning and you no longer take your SSRI because this is your new pill. For us, it’s the psychedelic-assisted therapy that actually maximizes the potential of the psychedelic experience, and that’s the mechanisms through which fundamental, behavioral change can take place. I think the idea that a pill can replace all of that means that you’re kind of missing the point about the whole experience.” -Chris “I don’t want to slam traditional treatment because it actually did work for me to some degree. …I had a crack-cocaine addiction for six-seven years and ended up in rehab for six months and came back and participated in 12-step programs and remained abstinent. That part worked. The difference for me when I got involved with plant medicine was something else: I got healed. Instead of just abstaining and not using to cope or to manage with whatever I was dealing with, I actually healed through plant medicine.” -Andrew “Is it a pill or is it the therapeutic process? If you don’t engage in integration, then you’re just taking a pill.” -Chris
“We talked about stigma earlier; it’s changing, and [for] the general public, the stigma around the war on drugs is changing too. I think people have finally figured out that it doesn’t work. No war works. We only declare war on things that we can make money from.” -Andrew
Christopher Dawson is the Co-Founder and CEO of Dimensions, a growing collection of retreat destinations combining neuroscientific research with plant ceremony in immersive natural environments. Prior to co-founding Dimensions, Christopher was the founder and CEO of Edgewood Health Network, where he oversaw the largest private network of residential/outpatient treatment providers in Canada and led the merger and acquisition of Canada’s top three treatment centers to create that network.
About Andrew Galloway
Andrew Galloway is the Co-Founder and COO of Dimensions, a new paradigm for healing, combining ancient ceremonial plant medicines with modern science in safe, legal, and nurturing natural environments. He leads the organization’s clinical teams and operations for Dimensions Retreats, a new collection of immersive, transformational healing retreats combining neuroscientific research with plant ceremony and luxurious hospitality. Prior to co-founding Dimensions, he was a National Director of Edgewood Health Network; leading 10 outpatient centers. Andrew was the former VP at GreeneStone Muskoka, an international certified alcohol and drug counsellor, and has 14 years of experience working directly for the NHL/NHLPA substance abuse program.
In this episode, David interviews Clinical Psychologist and Founder of the Psychedelic Society of Vermont, Dr. Rick Barnett, PsyD.
Barnett discusses the importance of building community in psychedelic spaces; psychedelic experiences as preventative medicine, and the differences between (and value within) the sanitized medical model and more ritualistic experiences. He talks about his own personal journey with addiction and recovery and looks at the interrelation between trauma, addiction, trust, and how psychedelics operate as disruptors – with a sense of meaning and purpose.
He discusses many of the current clinical trials happening around psychedelics and addiction; Alcoholics Anonymous and LSD; Vermont’s developing decriminalization bill (Measure H.644); the psychiatric workforce shortage and the potential solution of more prescribing psychologists; and, considering Oregon’s budding psilocybin therapy model, points out that one doesn’t need to be a licensed clinical practitioner with specific schooling to be a good psychedelic facilitator. Could we instead build models that are based largely on competency?
The Psychedelic Society of Vermont is putting on the Psychedelic Science & Spirituality Summit on the summer solstice (June 20-21) in Stowe, VT, with the goal of holding space for both the scientific and spiritual side of psychedelia. The conference is specifically for healthcare professionals, but all others are welcome to virtually attend or come to the summer solstice celebration after the conference. For more info, head to vermontpsychedelic.org.
Notable Quotes
“I had several profound experiences with LSD when I was a kid, and when I crashed and burned on alcohol and wound up in a 12-step rehab (the Hazelden Foundation), I quickly recognized that my experiences with LSD made me extremely receptive to the message that was being put forth to me in a 12-step-oriented rehab program. Concepts like surrender and a connection to spirituality, a connection to open-mindedness, willingness, being honest with oneself, taking one’s inventory – these kinds of concepts that are so common in 12-step programs – they resonated so strongly with me because of my experiences with LSD.”
“We have the ability to instill a sense of trust with our patients, and they can begin to trust themselves, and to trust the therapist, and to review some of these old hurts and really get into it over the course of therapy in a way that’s very healing. So it can happen with therapy, and I don’t think one is necessarily a substitute for the other. I think [psychedelics and therapy] work very well together. Psychedelics are yet another tool, just like therapy is a tool, just like AA is a tool, just like Suboxone and Methadone are tools. They’re all tools, and it’s really important to respect and honor that each one brings something positive, potentially, for an individual.”
“An AA program, a harm reduction program, a therapy program, a psychedelic program, [a] meditation retreat: All these things provide a nudge, and potentially a very transformative nudge in the direction of like, ‘Okay, and then what?’ What are you doing in your daily life? …That ‘assisted’ part is not just assisted by a therapist. It’s not just assisted by a drug. It’s not just assisted by a shaman or an integration coach. It’s assisted by everything.”
Dr. Rick Barnett, Psy.D., is the Co-Founder of the Psychedelic Society of Vermont, the Legislative Chair and Past-President of the Vermont Psychological Association, the founder of the non-profit organization, CARTER, Inc., and is a clinical psychologist and addiction specialist in private practice in Stowe, VT. Dr. Barnett has worked as a Clinical Psychologist in nursing homes, hospitals, and outpatient programs, and has trained hundreds of health professionals through workshops on addiction and mental health issues over the past 20 years. He is in long-term recovery of alcohol and substance abuse and is an active advocate for addiction treatment and recovery resources. Dr. Barnett holds a Bachelor’s degree in psychology from Columbia University, a Doctorate and Master’s Degree in Clinical Psychology and a Master’s Degree in Clinical Psychopharmacology. He is a Licensed Alcohol and Drug Counselor and holds certificate in Problematic Sexual Behavior (PSB-S) and Gambling Disorder.
In this episode of the podcast, recorded in-person in Joe’s living room, Joe interviews Philip Wolf: Founder of Cultivating Spirits, Co-Founder of the Cannabis Wedding Expo, past guest, and friend whose path in cannabis aligns nicely with that of Joe’s with Psychedelics Today.
Wolf’s work in cannabis has largely been in the form of “elevated dining,” where participants are treated to an experience similar to what wine aficionados seek out; with dispensary tours, cannabis tasting, and food-pairing. His current project is CashoM: a platform offering education to cannabis consumers, from beginners to connoisseurs, covering everything related to cannabis – from teaching a newbie how to pack a bowl to the science behind terpenes, and everything in between.
Wolf discusses the free-for-all, wild west early days of recreational cannabis in Breckenridge; similarities between those days and what’s happening in Oregon with psilocybin; cannabis as medicine and the reframing of what “medicine” is; his recent appointment to the Rolling Stone Culture Counsel; and the recent “deep dive into winter” he took by staying at a house alone in Wisconsin for 2 months.
And he talks about some higher concepts: The importance of sitting in a circle with a group, the need for integrity in all things, embracing uncertainty, and why we need challenging trips. There is no one tool, modality, or programmable set, setting, and dose that will work for everyone every time, but he believes the secret to making this all work is to find commonality between each other. Can we all grow enough to make that link a general love for one another?
Notable Quotes
“Right now, we’re really limiting the potential of cannabis, and limiting how it can actually affect someone’s experience, and how people are connecting with it. And this comes from people trying to create digestible marketing because they feel like that is the route in order to get new consumers on board. But actually, I think, through that, they’re actually doing a really big disservice, because people are just pigeonholing cannabis with sleep or anxiety relief or [to] energize. It’s just really limiting everything in my opinion. …Having a limited understanding of what cannabis can actually do for your life isn’t going to allow people to tap into the true potential of that particular medicine.”
“I think there is a wisdom to the medicine. Like, if you feel like you ate too many mushrooms, maybe you were supposed to eat too many mushrooms. …You get provided a lot of things in your life that can lead to a lot of other things, and we don’t always have the capability of seeing the importance of that.”
“Hopefully it’s a good reality check for a lot of people to understand how we’re going to come together to get this right. And it’s not my way, it’s not Joe’s way, it’s not your way, it’s not this person’s way, it’s not this company’s way, it’s not MAPS. It’s none of it. All of that together is the only way that this is going to happen.” “When we’re going through a bad experience, we grow from it. If we were happy all the time – if we have the happy pill, if we have the happy mushrooms all the time – then there’s no point to grow and advance. But if we can push the edge, as we spoke about, then there’s that opportunity for growth.”
Philip Wolf is grateful to do the work he was born to do: open the minds of the world to the benefits of cannabis, and showcase them in the form of celebration, ritual, and elevated dining. Since then, he’s founded Cultivating Spirits, co-founded the Cannabis Wedding Expo, co-founded Hispanola Health Partners (501-c3 non-profit) and is currently creating CashoM, a Cannabis Masterclass program for beginners and connoisseurs. His focus: to bridge the gap between mainstream America and cannabis through education, experience and lifestyle. Philip has been featured on CBS Nightly News, NBC, Business Insider, New York Post, Rolling Stone, Forbes, Time Magazine, Bloomberg, Vice, Entrepreneur, and many more. He’s appeared in viral Facebook documentary style videos with over 12 million views, and starred in an episode of the popular television show, “Bong Appetite” on Viceland. Philip was recently honored this year by the Rolling Stone Magazine Culture Council to join its ranks.
The history of kratom’s long path to (mostly) legality shows us that if done right, fighting against prohibition can actually lead to wins. But to truly fight these battles, we can’t fall into the trap of psychedelic elitism.
Ever since Westerners first encountered psychedelics, they have been prohibited, demonized, and considered unfit for civilized folk. Beginning with Columbus’s first encounter with psychedelic-snuff-using natives in Hispaniola, this class of psychoactives has always been relegated to the underground. (Ott, 11) While the recent emergence of psychedelic commercialization and medicalization marks our first flirtation with aboveboard operations in nearly 50 years, psychedelic advocates are all too familiar with prohibition after 500 years of psychedelic distrust and drug war assaults.
The road to our blossoming revival of psychedelic culture has been filled with tragedy and struggle. Even with the decriminalization of some psychedelics in select cities, most Americans cannot trip without the fear of losing their freedom. We are criminalized for possessing a portal to an unordinary state of consciousness. Undoubtedly, psychedelic prohibition has brought with it the tragic ruination of thousands of lives. Passionate advocates, then, have a chip on their shoulder – an urge to close the chapter on the long history of the Western demonization of psychedelics.
For many, this is a noble and moral goal. Yet in shedding the chains of prohibition, we must ensure that we thoroughly scrub ourselves clean of it. In our desperation to leave our struggle behind, we must not fall into the trap of a prohibitionist mindset.
Psychedelics are not becoming legal and mainstream because they are “good drugs” in contrast with the rightfully-prohibited “bad drugs.” There is no such distinction, and it was prohibition which constructed the illogical demarcation between “good” and “bad” drugs in the first place. As the Swiss alchemist Paracelsus mused many centuries ago, the difference between a medicine and a poison is the dose – not whether or not it occasions a psychedelic experience.
What is Psychedelic Elitism and Why is it Bad for the Anti-Prohibitionist Movement?
Despite emerging from the same struggle against prohibition that most other “drugs” face, the narrative around psychedelic legalization has often included an attitude which can be termed “psychedelic elitism.” Psychedelic elitism is the belief that psychedelic drugs (psilocybin, LSD, etc.) are harmless and beneficial, and used by responsible, upstanding citizens; whereas other drugs (such as PCP, methamphetamine, or heroin) are bad, inherently dangerous, and only used by the lowest characters in society. As such, psychedelics are seen as wrongfully prohibited, while other drugs are rightfully prohibited.
Dr. Carl Hart’s 2019 presentation at the Horizon’s Conference in NYC directly touched upon this issue. He warned that any internalization of the prohibitionist mindset would be counterproductive to our overarching goals of creating a more just and equitable society. All drugs, removed from their social context, have potential for both good and bad reactions. For example, in mainstream narratives, psilocybin is used by affluent professionals and underlies the business model for publicly-traded companies, whereas methamphetamine is only used by impoverished individuals without social status. So psilocybin is associated with success and health, while meth is associated with ruin and sickness. This narrative holds sway despite the fact that methamphetamine is legally prescribed under the name Desoxyn, which has helped countless patients live a better life – very much confusing the moralizing mindset which demonizes some drugs but not others.
Psychedelic experiences can be freeing, euphoric, problem-solving, pain-reducing, easy going, recreational, creative, therapeutic, medicinal, spiritual, ad infinitum. While these qualities drive our passion for psychedelic advocacy, we should keep in mind that the broader category of psychoactive substances, including non-psychedelic drugs (a category which is largely arbitrary and subjective), can also bear these same positive traits. Therefore, they should be included in our struggle against prohibition.
Any drug, psychedelic or non-psychedelic, can also be indicted in unpleasant experiences as well. It seems, rather clearly, that psychedelic elitism comes from a positive drug experience with what happened to be a psychedelic. With this experience, part of the propagandist veil which obfuscates our understanding of how drugs affect us individually and on a societal level falls away. We become acutely aware that a drug – in this case a psychedelic – can have a positive effect; a profoundly different narrative than the one peddled by prohibitionists. Yet this newfound knowledge of the contradiction is internalized as simply: “Psychedelics are good.” There is rarely any further research to see if the prohibitionists were lying about all drugs or just psychedelics.
Anti-prohibitionism
Psychedelics are worth advocating for, but this should never be done at the expense of other substances and their consumers. Removing the risk of imprisonment for psychedelic users but retaining it for other illicit drug users is hypocrisy at its finest. Allowing individuals and organizations to make exorbitant profits with psychedelics while forcing illicit drug merchants into the unregulated underground perpetuates unnecessary user risk while furthering the divide between the wealthy and the poor.
Prohibition didn’t originate to prevent the so-called “menace of drugs on society.” Rather, it was enacted to broaden the range of authority held by law enforcement. From its origin in the Harrison Act of 1914, prohibition has been about power and control – usually with a racial slant. The Harrison Act was passed to regulate and tax opium and coca imports in the US. This effectively made it impossible for Chinese immigrants to procure opium legally, thus making opium users liable for arrest. Cocaine was described in the press as giving superhuman strength to black men while simultaneously making them belligerent and violent. From the get-go, prohibition has never been about protecting people, but rather about protecting the status of the dominant class.
Selectively opposing psychedelic prohibition may be easier than challenging the entire status quo. Focusing on psychedelics means you don’t have to learn about other drugs and why people choose to take them. And speaking out in favor of psychedelics has become increasingly in vogue. In many places you will be positively received when opening up about your psychedelic drug use. But by including all drugs in the fight against drug prohibition, we can selflessly aid others and reduce overall ignorance of pharmacology while raising awareness of sociocultural inequity.
We should step back and remember why we oppose the prohibition of psychedelics in the first place. If we are committed to fighting for freedom of choice, the reduction of non-violent prison sentences, and the liberty to alter one’s consciousness as one pleases, then complete anti-prohibitionism is necessary. What I hope to convey is that being a psychedelic advocate should be no different than being an anti-prohibitionist. Both fight for freedom, the right to dictate one’s own consciousness, and the end to unnecessary violence instigated by the war on drugs.
An extremely relevant case study in fighting prohibition (and winning) can be found in the story of the Southeast Asian tree leaf, kratom.
What is Kratom?
Kratom, or Mitragyna speciosa, is the leaf of an evergreen tree that grows from the base of the Himalayas to the Pacific Islands of Southeast Asia. In Thailand, there is written historical evidence of kratom’s use since the mid-17th century, but many believe it has an undocumented history of use dating back thousands of years.
Kratom also has a therapeutic folklore associated with it. A 350-year-old Buddhist temple in Thailand has a message etched in stone recommending kratom for diarrhea. In the “Hamilton’s Pharmacopeia” episode on kratom, a farmer mentions that he reaches for kratom leaves to help with coughing.
Thailand has the richest history of kratom use among the Southeast Asian countries where kratom trees grow and traditional use centers around the common laborer. Regardless of what kind of manual work they are performing; the scorching heat, unremitant sun, and long days wear on Thai workers. They chewed kratom long before coffee was introduced to the peninsula, with kratom leaves or tea serving the same purpose of energizing them and pushing them through the physical discomfort of hard work.
Kratom use originated as simple plucking and chewing of the tree’s leaves. People pick a leaf from the tree, tear the stem from the leaf, roll it into a quid, insert the quid into their mouth and lightly chew on it. They express the juices from the leaf for a little less than a minute, letting the juices come into contact with the mucus membrane, before the leaf is spat out and discarded. This chewing and spitting act can be repeated multiple times throughout the day as desired.
Another popular way to consume kratom is as a tea. Usually, teas are brewed for social settings or to be sold in the bazaar. Leaves are taken from the tree and added to a pot of water, which is left to simmer over a fire for around three hours. In the marketplace, kratom tea is frequently sold in plastic bags to customers who seek it with the same intent as an American Starbucks patron – for the boost. There are also groups of friends who gather in the evenings to drink a shared cauldron of tea that they make over a fire. At this time of day, the tea isn’t meant to give an energizing kick, but rather to be drunk socially while taking it easy and relaxing. Consuming a larger portion actually provides an effect opposite to the one desired when laboring.
Kratom has a unique response curve depending upon how much is consumed. One or two tea bags or anything under five or six chewed leaves may have an energizing effect, while stronger tea (or tea consumed in larger quantities) may have an unwinding and sociable effect while comforting the whole body.
Kratom and Prohibition
Despite the abundance of native ethnopharmacological options, many Thai citizens were regular opium users in the early 20th century. The opium trade was blessed by the Thai government, and a 20% tax was passed onto the consumer. By 1940, it was estimated that between 8%-20% of all tax revenue in Thailand came from opium.
In 1942, however, Thailand declared war on Allied forces and entered World War II. With war came economic hardship, and in 1943, the Thai government noticed that their opium tax revenue had plummeted. Usually, opium taxes were a fairly constant source of revenue for the government, as consumers maintained their use continually to avoid withdrawal symptoms.
Following an investigation in 1943, the Thai government realized that their former opium taxpayers had switched from state controlled opium to locally-growing kratom after someone had discovered that chewing on kratom or drinking kratom tea allowed them to stop using opium without unpleasant side effects. The word got out and spread like wildfire.
In a special meeting on January 7th, 1943, Police Major General Pin Amornwisaisoradej, a member of the House of Representatives from Lampang, stated “Taxes for opium are high while kratom is currently not being taxed. With the increase of those taxes, people are starting to use kratom instead and this has had a visible impact on our government’s income.” Later that year, kratom was made illegal, marking its first encounter with prohibition. In the 1970s, the war on kratom escalated, and the law changed to require that all kratom trees in Thailand be chopped down. Thousands of people were imprisoned and had their lives ruined, while many more were negatively impacted in other ways.
Terence McKenna and Kratom
In 1987, Terence McKenna was approached by a magazine called Trip to write a column called “Our Man in Nirvana.” McKenna was to be sent to remote locations around the world to relax and report back on the local culture. The magazine closed its doors shortly after he started writing for the column, but he had been sent to Thailand on the magazine’s dime, and had produced a brief article from his journey.
Ever the curious adventurer, he sought out kratom while in Thailand, which he had read about in Richard Evans Schultes’ book, The Botany and Chemistry of Hallucinogens. Impressed with the leniency of Thai culture and permittance of drug manufacture and use – especially heroin – Terence was intrigued as to why the kratom tree was illegal.
According to Terence, “We put out the word, and lo and behold, we got samples of this plant – rootstock. And it was very hush-hush. Everyone was either giggling or looking at us with thin, hard expressions as we scored this plant.” He took the rootstock back to Hawaii and made it “available for certified phytochemists and biochemical researchers to determine what this thing is.” Remarkably, this makes McKenna perhaps one of the earliest kratom vendors in the United States.
Still intrigued by the mystery of kratom prohibition, McKenna continued to look into the issue. Finally he heard a theory that registered with him. “What we learned as we made our way towards it was why it’s illegal. It’s illegal because it inhibits and interferes with heroin addiction.” Referencing how Thailand exported up to “one third of the world’s heroin,” he hypothesized that perhaps the reason it was illegal was due to its threats on their legal opioid industry. “So, who knows, you know, if this is true. But say it were true. So that means, you know, that this is, ethnobotanically, one of the great coups of the decade. And it explains, then, why the Thais are of such an ambivalent state of mind about it, because it’s poised like a dagger at the heart of their economic life if it’s real.”
Kratom Prohibition in the United States
Americans were first introduced to kratom in the aftermath of the Vietnam war, when GIs returning from Southeast Asia brought leaves back with them. While small circles of interest developed, only hardcore nerds like Terence McKenna were speaking publicly about kratom in the 1980s.
Despite McKenna making it available to “phytochemists and biochemical researchers,” public interest in kratom grew slowly. By 2005, kratom was beginning to develop niche appeal on online bodybuilding forums, and by 2016, the ranks of American kratom consumers were swelling. More and more, people were drawn to kratom by the idea that it may give them energy, help them with an opioid use pattern that they wanted to leave behind, or act as a natural painkiller. The DEA, however, challenged these beliefs when it was announced that they would be scheduling kratom as a controlled substance in August of 2016.
Instantly, passionate kratom consumers jumped into action. Petitions were circulated that drew more than 100,000 signatures. The DEA’s bulletin, the Federal Register, was bombarded with tens of thousands of passionate stories from people recounting how kratom made their lives better. Kratom business leaders joined together to form a lobbying group called the American Kratom Association (AKA). In a short time, dozens of members of Congress, including Bernie Sanders, had written to the DEA expressing their concern that a kratom ban would cause more harm than good.
Amidst the public outcry, the DEA backtracked on their plan to schedule kratom. This marked the first instance that anything listed by the DEA to be added to the Controlled Substance Act was overturned: a monumental achievement that cannot be overlooked by those studying the history of prohibition.
The parent agency of the DEA and FDA, the US Department of Health and Human Services (HHS), reviewed the claims put forth by the DEA and concluded that there wasn’t sufficient evidence to make kratom illegal. However, following their receipt of the HHS letter, the FDA maintained for years that their official policy was that kratom was a threat to public health. It took a congressional investigation in 2020 to reveal that the executive branch’s official position on kratom was that it presented no substantiated risks, and that making it illegal would likely cause widespread social harm.
In the years that the FDA knew they were directed to not pursue kratom, they still solicited a number of local municipalities and state governments to prohibit kratom anyway. They ultimately convinced six states to make kratom illegal – Alabama, Arkansas, Indiana, Tennessee, Vermont, Wisconsin – driven by an internal, prohibitionist conviction. The AKA responded, and lobbied five states – Nevada, Arizona, Utah, Oklahoma, and Georgia – to pass protections for kratom consumers with a standardized regulatory framework to ensure the quality and safety of the sales. These legal regulations were filling the void that would normally be filled by the FDA, who, instead of focusing on protecting consumers through regulations, chose to pursue total prohibition.
The anti-prohibition trend has caught wind overseas as well. After over 75 years of prohibiting an ancient, traditional, and naturally occurring tree leaf, Thailand announced they would re-legalize kratom in 2020. Since 2021, 12,000 prisoners have been freed from their sentences related to possession or sale of kratom, and the price of a kratom leaf has dropped by 80-90%. In 2021, kratom was estimated to be a $1.3 billion dollar industry, and with an overwhelming majority of the world’s kratom being exported from Indonesia, the Thai government recognized how much money their prohibition was leaving on the table. After such positive change in global kratom acceptance, Thailand’s legalization news, however, was quickly overshadowed.
World Court
In July of 2021, kratom once again narrowly escaped prohibition. After failing to convince enough state governments to ban kratom, the FDA announced that they would be sending an official letter of recommendation to the United Nations, advising them to add kratom to the international list of controlled substances. When it was announced in the Federal Register, the kratom community was once again quick to respond.
Initially, the AKA sent out a mass newsletter to inform kratom consumers that the UN and World Health Organization (WHO) were in the process of making kratom illegal on behalf of the FDA. They concluded that the FDA was likely frustrated with the slow progress of attempts to push kratom prohibition through individual states, so they changed their strategy and decided to take their prohibitionist mission to the international level. Having failed at the federal level in 2016 and having lost the blessing of the HHS, it was no longer feasible to make kratom federally illegal.
The United States is constitutionally bound to UN declarations that it signs. Since the US signed onto the Convention on Psychotropic Substances of 1971, Congress is required to make any substance illegal that finds its way onto the UN’s list of controlled substances. This would allow the FDA and the DEA to effectively skirt the need to supply the evidence required to ban a substance in the United States, and render the failure to prohibit kratom domestically null and void.
Kratom advocates submitted over 70,000 comments against the prohibition to the FDA via the Federal Register. The AKA organized dozens of scientists and researchers to present their work on kratom to the WHO. By the time the hearing date came around, kratom advocates were ready for a fight. The strategy at the WHO meeting was to present as much evidence regarding the safety of kratom as possible, and science was on the side of kratom. Point by point, kratom advocates and scientists refuted each false claim made against kratom, proving they were unsubstantiated. On November 18th, 2021, the WHO’s Expert Panel of Drug Dependence concluded that “there is insufficient evidence to recommend a critical review of kratom.”
The KCPA has a distinct focus on health and safety regulations. It recognizes that contamination and adulteration are real and dangerous, and any adverse effects resulting from contamination would be spun by the media and prohibitionists to further harm kratom’s reputation. The strategy, then, is to lean into the robust safety profile of kratom to ensure its longevity. The largest kratom businesses have also banded together to enact quality control measures and perform audits on themselves to prove that they are adhering to food grade cGMP (commercial Good Manufacturing Practice) standards. This is not a cheap or easy process, but the effort is undertaken to show in good faith that the industry is mature and responsible.
Finally, the role of normalizing the use of a substance plays a significant role in the fight against prohibitionists. Generally, getting a majority to oppose prohibition (as 91% of Americans feel towards cannabis) is the goal of all grassroots anti-prohibitionists. As such, there have been a few attempts to personalize kratom, oftentimes through pathos-driven commercials detailing the story of people who can enjoy life again because of kratom. Today, kratom is increasingly being seen as a household object, as products such as kratom tea bags grow in popularity and broaden the consumer demographic.
What to Learn About Prohibition From Kratom
Kratom has successfully defeated every federal prohibition attempt made against it in the United States. Six states have made it illegal, but even those states are now considering replacing their bans with the regulatory framework laid out in the KCPA. Thailand, the country with the richest history of kratom use, recently re-legalized it, likely due to the undeniable economic benefit kratom exportation would bring to their country. The WHO and UN, normally aligned on drug policy with the US, couldn’t ignore the overwhelming outpour of grassroots support and unanimous scientific consensus on the safety profile of kratom.
Still, the most impressive feat performed by the kratom community yet was defeating the DEA in 2016. Normally, the DEA has unilateral decision-making power when it comes to prohibiting substances in the United States. That kratom was able to slip their grip suggests that prohibition at large is defeatable. The methods used to defeat kratom prohibition – hiring lobbyists, mobilizing hundreds of thousands of supporters, and convincing Ph.D.s and MDs to testify – should be taken to heart by anyone who finds themselves standing up against prohibition of any sort.
At this very moment, the DEA is attempting to schedule more than half a dozen psychedelic compounds, including DOI and DOC. Together, they have been utilized in over 2,000 peer reviewed scientific publications and have been indispensable to psychedelic research. 4-OH-DiPT, 5-MeO-AMT, 5-MeO-MiPT, 5-MeO-DET, and DiPT are also slated to be scheduled soon, which would prevent further study of their effects. (DiPT, for example, causes novel auditory distortions which have the potential to elucidate the mysteries of auditory neural-processing.) Some journalists and advocates have stepped up to the plate to fight the DEA for their continuation of prohibition. However, a united psychedelic front hasn’t emerged, which kratom advocates have argued as being essential to stopping these bans.
Like psychedelics, kratom has a storied history of use. Both have been devastated by prohibition, but the true test of their merit is shown in their phoenix-like ability to continually inspire consumers to fight for their legality. Use of a substance – any substance – is not justification to imprison someone. Prohibition exponentially raises the possibility of harm that comes with consuming any substance by preventing education, quality control, and normalization. We must expand our scope to include more than psychedelics in our advocacy. Prohibition needs to end, and the clues to victory may just be found in the story of a tropical tea leaf.
In this episode of the podcast, Joe interviews cannabis expert and social ethnobotanist, Amanda Reiman, Ph.D., MSW. Reiman is the Founder of Personal Plants; an organization dedicated to promoting a deeper relationship between people and plants, and Co-Founder of Sacred Garden; a Web3 project which advocates for entheogenic plant conservation.
Reiman has over 25 years of experience growing cannabis and is intensely passionate about deepening the relationship between people and their source of healing, which she hopes is with plants they are growing. She talks about her early days of growing cannabis; the pros and cons of pharmaceutical vs. herbal plant models; the rules around cannabis regulation and taxes; the concept of retreat centers soon having liability insurance; how the different consumption patterns of cannabis and psychedelics could lead to vastly different pharmaceutical models; and what she’d like to do to promote a better connection to plants: guided tours of sacred gardens in virtual reality.
This episode swerves into territory often touched on but not fully dissected in the podcast, as they delve into the endless possibilities of cryptocurrencies, NFTs, and other Web3 projects. While the mining of cryptocurrency does present many environmental concerns, Reiman discusses how NFT groups like hers are mitigating these worries by focusing on conservation efforts, and how the benefits of being able to decentralize the internet and return control to the people may far outweigh most concerns. She sees the future bringing on the possibilities of legal defense funds and clinical trials being entirely crowd-funded, and therefore taken out of the hands of venture capitalists and the endlessly corruptible government.
Notable Quotes
“People who don’t even consume cannabis are finding joy in growing cannabis and giving it to their friends who do consume. So that’s really what Personal Plants is about: it’s taking a step back from that culture of high-level sophistication and bringing it back to the joys of gardening.”
“It becomes about profit margins and it becomes about revenue and I think that’s probably the biggest threat to plant medicine (the way we’ve seen it be a threat to healthcare). The fact that healthcare is a business means that what’s best for the people is never going to be number one, and so if we create a plant medicine system that also upholds those same values, I’m afraid the people will lose.”
“You can sit and listen to someone talk about something, [and] even if it’s freaking fascinating, it’s still not going to be the same as actually physically touching something, smelling something, [and] seeing something come alive in front of you. It just impacts the brain in a different way. So what I would love to do is have guided tours in the virtual reality space of a sacred garden.”
“I don’t think drugs are going back. I don’t think we’re going back. I think it’s too late. I was just looking at the latest Pew research figures yesterday and only 8% of the entire population thinks cannabis should be illegal. So we’re done. And I think now that we’re done with cannabis, it’s tugging on the thread of questioning about other drugs. And when I first started doing reform work, people would say, ‘Oh, you just want to legalize cannabis because you really just want to legalize all drugs.’ And you know what, Joe? I do. I do want to legalize all drugs. And I think we’re getting there.”
Amanda Reiman, Ph.D. , MSW, is a social ethnobotanist. She is the Founder of Personal Plants, a platform designed to deepen the relationship between people and flora, Co-Founder of Sacred Garden, a Web3 project focused on entheogenic plant conservation, and the VP of Public Policy Research for New Frontier Data, a cannabis-focused data analytics firm.
An internationally recognized cannabis expert and public health researcher, Dr. Reiman is a leader in the field of cannabis as a substitute for alcohol and other drugs, and has presented her research all over the world. She has written for/been quoted in The Huffington Post, New York Times, Washington Post, Rolling Stone, and Playboy, as well as numerous peer-reviewed academic journals and several textbooks.
On the eve before the final vote, Jon Dennis, Esq. shares his thoughts.
If you don’t know Jon Dennis yet, he’s an activist and attorney leading the charge for affordable community access and religious freedom under Oregon’s Measure 109 program, as well as the co-host of our Eyes on Oregon series. He’s been involved in many of the official Oregon Health Authority (OHA) Subcommittee meetings and has been keeping us up to date with everything going on in Oregon.
This week is the week many in the psychedelic community have been working toward and excitedly anticipating, as Wednesday, May 25th is the day the Oregon Psilocybin Advisory Board (OPAB) will make its final vote on whether to recommend allowing a community-use paradigm of psilocybin services that Jon and so many others have been advocating for.
To hopefully bring even more attention to this landmark event, we thought it’d be helpful to share the comment Jon sent to the OHA, as it perfectly summarizes why his proposed entheogenic practitioners framework is so important.
We invite Oregon rulemakers to read Jon’s succinct overview of the issues in advance of their Wednesday vote.
“There is a growing social movement that believes access to psychedelics is a fundamental civil and human right that should be denied to no person. Members of this movement consider psychedelic freedom to be the maligned cousin of religious freedom. For some people, they are the same or very closely intertwined.
Pew Research data show that only 49% of people report ever having had a mystical experience in their entire lives, which is defined as a “moment of sudden religious insight or awakening.” Also, 49% of respondents to your Community Interest Survey on psilocybin under M109 said they were interested in psilocybin for spiritual reasons.
The fastest growing category of religious self-identification in the United States is people who identify as “spiritual but not religious.” For a growing number of people in our society, religious institutions have come to be viewed with distrust, often because they have inflicted religious trauma on people who’ve come in search of healing. When I began talking about the proposed religious use framework under M109, I was initially amazed at the amount of criticism I got on account of it protecting “religions.” People liked the community access model, but they thought they wouldn’t benefit from it because “religion” for them has become obsolete.
I believe, as many do, that we are undergoing a spiritual crisis. Martin Luther King warned that a society that is addicted to war and ignores its problems of racism and poverty “is approaching spiritual death.” There is growing recognition that we have the analytical and technical solutions required to solve many of the world’s greatest problems but lack the social and political will. King recommended that we become less of a “thing-oriented society” and more of a “person-oriented society.”
I see these problems as spiritual in nature and believe they might be solvable only through spiritual solutions.
Oregon is about to begin a great experiment of introducing legal adult-use psychedelics into mainstream Western society through its safe and legal container of Measure 109. So far as I can tell, nearly everyone who works with psilocybin or other psychedelics in a sincere and personal manner believes that psychedelics have the potential to help us breathe some much-needed spiritual life into society. We believe adoption of an affordable community-access model of psilocybin services to be a moral imperative.
An expensive program in Oregon creates a new kind of religious or spiritual inequity that I don’t think we are capable of fully comprehending yet, but it clearly exacerbates other types of social problems that already plague us.
“Affordable access for all people” doesn’t mean that everyone should take psychedelics. I view the question of whether to take psychedelics as a big decision that should be made only after careful consideration of a number of things. One of the best promises of the M109 system, from my perspective, is that people will be required to consider some of these things before they make potentially life-altering decisions, and that people can agree to purchase these potentially-profound and potentially-destabilizing psilocybin experiences only after giving informed consent. The other great M109 promises: Support is available before, during, and after the experience; there will be a lot more oversight and accountability; a lot more access to medical and legal assistance; and people won’t really have to fear going to jail. This framework is a light-years-leap forward in terms of the safeguards of the so-called “unregulated market.” It really is quite brilliant.
Within the M109 framework, the harms that could be caused by untested, community-grown mushrooms would be practically non-existent in the context of sincere community use and cannot be used as an honest justification for rules that would effectively require communities who work with psilocybin to procure their community sacrament through commercial channels. When regulations drive up costs without serving important government interests, they raise paywalls, deepen inequities, and further racial, gender, class, and other divides.
Affordable, community-grown mushrooms would decrease paywalls and, contrary to the position announced in your Fiscal and Economic Impact Statement, actually drive more of the unregulated market into the safety of the M109 container. More people will take psilocybin under M109 if its costs are considered by consumers to be justifiable when compared with the unregulated market.
Moreover, many religious and spiritual communities who work with psilocybin report having a relationship with the living psilocybin organism that can only be described as sacred. Under federal jurisprudence, religious freedom laws require a “compelling government interest” in order for the government to have any say on how a religious community grows, handles, stores, consumes, or discards their psychedelic sacraments. And (assuming arguendo that the government might have a compelling interest here), any time a government deigns to enforce laws that burden free religious exercise, under federal jurisprudence, it must still tread carefully and impair religious freedom only by “the least restrictive means” of doing so.
Sincere religious communities are publicly saying that they intend to operate under Measure 109, and it is only right that the State consider the regulation of these organizations in light of the broad federal protections that now exist under the Religious Freedom Restoration Act – and which were, in fact, enacted in reaction to Oregon’s allowing members of the Native American Church to be fired for practicing their religion, which uses peyote.
Oregon isn’t a state that generally tries to short-change people on civil liberties issues.
The ask here is that you permit Oregonians to take and use the non-Western medicine in ways that reflect non-Western paradigms of health and wellness. The truth is: potency-testing is part of a Western paradigm, and psilocybin has always been a non-Western medicine. It is exciting to witness the power of psilocybin beginning to be harnessed by skillful Western medical practitioners, but Western practitioners are relatively new to the psilocybin and the psychedelic scene. It is appropriate for us Westerners to defer to Indigenous voices when their experience surpasses our own, and to incorporate their wisdom and experience into our “Oregon Model.” I believe we can do this if only we make sure these psilocybin regulations aren’t too rigid or too heavy handed.
The entheogenic practitioner framework and manufacturing endorsement work together to do two things:
Honor the religious liberties of sincere religious practitioners who work with psilocybin; and
Create an affordable community-access model and community container for psilocybin services.
A one-size-fits-all system would treat churches and other community-owned nonprofit organizations the same way as luxury resorts. This is out of touch with federal religious freedom laws and raises unnecessary paywalls for 520,000 Oregonians who live in poverty.
I hope you will consider these things when you decide how to balance safety and access.
Yours in service,
Jon Dennis”
Stay tuned for updates and analysis after Wednesday’s vote, as the coming weeks will bring forth a revamped Eyes on Oregon podcast, as well as a new series exploring Oregon’s emerging psychedelic marketplace through the lens of lawyers.
A progress update on the Oregon Health Authority, Measure 109, and religious liberty.
It turns out a whole lot of people care about religious and spiritual freedom issues surrounding psilocybin. A few weeks ago, Oregon had two public hearings on its proposed psilocybin rules on products, testing, and facilitator training. The overwhelming majority of the public testimony received was in support of religious freedom, affordable access, and the community container for psilocybin service. The support was so overwhelming during the first meeting that I tried to keep tabs on the second meeting. I counted 31 total comments that were received. 24 of those 31 – or 74%! – voiced support for the adoption of the entheogenic practitioners framework for safely regulating community-based practice. I do not believe a single person testified in opposition to its adoption.
Additionally, we are starting to receive written comments that people and organizations have submitted to the Oregon Health Authority (OHA).
David Bronner, CEO of Dr. Bronner’s Magic Soaps, has published his comments to OHA about the proposed rules, in which he recommends adopting the proposal in whole and even making some of the provisions around safe, affordable ceremony applicable to the entire M109 program. You can read his statement here.
Concisely: (1) Psilocybin in mushrooms or as synthesized substance provides access to many different states of human awareness, some powerfully facilitative of psychological and/or spiritual development; (2) The safety and probability of benefit are best ensured when preparation/education is provided in the context of a supportive relationship or community, either in a framework of mental health or of religious care; (3) When wisely integrated into our culture, psilocybin may well significantly decrease human suffering and promote the fuller realization of values such as peace, respect for diversity and compassion; (4) Access to this molecular tool for those who desire it, whether in medical or religious contexts, may be seen as a fundamental human right to explore our own minds.
“Currently, no state or federal law protects religious communities or practitioners who utilize psilocybin from being prosecuted by Oregon law enforcement. As charitable non-profit organizations, most if not all of these communities and practitioners lack the resources to hire attorneys to secure their rights. Measure 109 promised to welcome these communities into a legitimate legal framework. However, we believe that some of the proposed rules for implementing Measure 109 would substantially burden such communities and force them to operate illegally while remaining in the shadows.”
It also points out the following: “We note nearly half (49%) of the respondents to your Community Interest Survey indicated that their interest in accessing psilocybin under Measure 109 was for spiritual purposes. For context, the interest in spirituality ranks higher than interest in psilocybin for trauma-related issues (47%), addiction and substance use (17%), end of life psychological distress (10%), or “other” reasons (9%).”
It also offers some legal analysis to show that, based on the language of M109, Oregon has the legal rulemaking authority to protect religious practice. Here’s just one example:
“…Subsection (C) empowers the OHA to regulate the use of psilocybin products and psilocybin services ‘for other purposes’ deemed necessary or appropriate by the authority. The phrase ‘for other purposes’ indicates that the OHA may create rules that achieve purposes that are not explicitly stated in sections 3 to 129 or implied from them. This too means that OHA can create rules for the purposes of accommodating religious practice.”
You can view or download their full statement here:
“Affordable access to psychedelic healing is perhaps a wholly new equity issue that touches on racial, health, and spiritual equity. Equity means affordable access. Lack of affordability reinforces inequity that exists around race, gender, and class lines. We believe access to psychedelics to be a means of promoting spiritual equity, that we not create “spiritual privilege” as a function of socio-economic privilege. Equity also means culturally-sensitive. It must not impose Western medical paradigms on non- Western approaches to psilocybin.“
You can view or download their full statement here:
The Oregon Health Authority will be publishing its written summary of the public comments soon. Stay tuned to hear how Oregon responds to the public outcry to protect religious and spiritual communities!
For those who have been following closely, a revised edition of the proposal for the entheogenic practitioners framework can be viewed/downloaded here.
Please note that we are continually striving to improve upon this document and welcome feedback on how we can make aboveground entheogenic practice safe and affordable for all.
Additionally, Eyes on Oregon will be changing shape over the coming month, from a somewhat sporadic web series into a more traditional and more regularly-released podcast. I will be hosting and interviewing various people from the frontlines in Oregon, with Joe joining when he is able. With so much happening, there’s a lot to talk about, and we hope you tune in.
In this episode of the podcast, David interviews lawyer, activist, and co-host of our Eyes on Oregon web series, Jon Dennis, Esq.
Dennis has been heavily involved in Oregon’s Measure 109: creating the Entheogenic Practitioners Council of Oregon, writing a proposed regulatory framework for religious practice under Measure 109, and presenting to the psilocybin board subcommittees all in an effort to protect religious psilocybin use and ensure paywalls don’t ruin the unique and historic opportunity Oregon has opened up here.
If you weren’t as knowledgeable about Measure 109 as you’d like to be, this podcast serves as a great summary of how we got here and what’s next. Dennis discusses how Measure 109 came about; how it’s gone through a reputational makeover of sorts (and is more about supervised adult-use than therapy); the role of each subcommittee; Measure 110; who defines what counts as religious practice; the complications of requiring specific psilocybin testing; community support models as harm reduction; how it will become harder and harder to make good legal change in an emerging “psychedelic industrial complex,” and how he’s using the travails of María Sabina as an inspiration to make sure people aren’t left behind as Oregon moves forward.
If you agree with us that religious use should be protected under Measure 109 (and especially if you live in Oregon), please sign his petition by April 20th, send an email by April 21st, or speak up during the comment periods during one of the upcoming subcommittee meetings on April 18th (5-7 PST) or April 21st (10m-noon PST). The board has 9 hours left of meeting time to make decisions on the recommendations of the subcommittees, so the time is now to make sure this is done right.
Notable Quotes
“I think at this point, we all will agree it’s inevitable that psychedelics are about to enter the mainstream, but how they enter the mainstream is important so that they not be delivered directly into the hands of capitalists behind paywalls that keep out millions and millions of people.”
“The depth of human suffering right now is immense. And if we only wait until Compass Pathways and other companies that are pursuing legalized medical applications of psychedelic compounds [complete their research]; not only is that a long time to wait when people are suffering now [and] hospice patients are dying now, [but] to say that they have to wait through even the three or four or five-year expedited ‘breakthrough therapy’-designation type of process through the FDA – we don’t have time to wait. People are suffering now and we have enough information to not need to be really afraid of psilocybin and other psychedelics.”
“I think over 37 million Americans live in poverty and almost 600,000 Oregonians live in poverty. And to think that we’re just going to leave those people out because of an elevated safety concern; it’s just really hard to kind of square that all together in light of what the actual risks of psilocybin in particular are. …If Oregon decides to create a program – the world’s first regulated psychedelic services program – that prioritizes business interests to the detriment of marginalized people, I think the historical record will bear the stain of scandal and corruption on this.”
Jon Dennis, Esq. is a lawyer and activist in the psychedelics ecosystem and a consultant at the firm, Psychedelics Now. He is the co-host of “Eyes on Oregon,” a podcast by Psychedelics Today exploring the latest developments in Oregon’s legal psilocybin landscape. He serves on the Executive Committee of the Oregon State Bar Practice Section on Cannabis and Psychedelics and is a co-chair of its Psychedelics Subcommittee. He is a member of the Psychedelics Bar Association and sits on its Religious Use Committee.
Jon is the chief architect of the proposed regulatory framework for protecting religious and spiritual communities who operate under Oregon’s new psilocybin program. He has presented to multiple subcommittees of the Oregon Psilocybin Advisory Board in support of religious and spiritual freedoms and a community model for psychedelic services. He is a founding member of the Entheogenic Practitioners Council of Oregon. Jon has taken the North Star Ethics Pledge and is drawn to this work by the conviction that psychedelics possess the potential to accelerate our individual and collective shifts away from self-destructive paradigms. Prior to joining Psychedelics Go, Jon worked as a civil litigator and managed a nonprofit law office giving free legal assistance to people living in poverty. Jon has a BA in Religious Studies from the University of Kansas and a law degree from Lewis & Clark Law school. He lives in Ontario, Oregon.
In this episode of the podcast, Joe interviews Kathryn L. Tucker, JD: Special Counsel at Emerge Law Group, where she Co-Chairs the Psychedelic Practice Group.
Tucker has had a 35-year career in advocacy and protecting rights of terminally ill patients, serving as lead counsel in three landmark federal cases around constitutional rights and dying. Most recently, she was part of the team responsible for enacting Oregon’s groundbreaking Measure 109.
She discusses the mechanics of how access to psychedelic medicine works under the Right to Try act; how she feels about decriminalization vs. legalization and how it all relates to what she’s seen in the field of death and dying; what she’s excited about in Oregon; and how measures in Colorado could take things even further.
While synthetic psilocybin is the only “investigational drug” offered under Right to Try, naturally-derived psilocybin and MDMA could be an option sooner than we think – but based on the DEA’s behavior so far, that will only happen if more people join the fight, as it’s been over a year with no answer on how the DEA would be enabling psilocybin access to patients under the Right to Try act. To help push this along, Tucker welcomes donations, but more importantly, she invites activists everywhere to “shine the bright light of public scrutiny” on the insulting inaction of perhaps the government’s most ineffective agency. There’s a clear path here where everyone wins, so please, call your state’s elected officials and demand that they actually do their job.
Notable Quotes
“Part of what’s been so frustrating, of course, is when we satisfied ourselves as attorneys, that the state and federal right to try laws did in fact apply to psilocybin and that it should be accessible for therapeutic use with patients with advanced illness; when we approached the DEA to inquire how it would enable that access, that inquiry was in January of last year, 2021, so we’re now more than a year later and the DEA is still obstructing access.”
“To absolutely prohibit access, when state and federal law are intended to allow access; that is impermissible. …These dying patients could have immediate, substantial, and sustained relief from debilitating anxiety and depression. That’s what all the studies show, and I’ll say those words again because they’re the words that really caught my attention: immediate, substantial, and sustained relief. And why anyone would obstruct access to that kind of relief for a dying patient is impossible to comprehend.”
“I would just as soon not need to return to court, although I think our merits arguments are incredibly strong. I’d much rather see the DEA just adopt an attitude of: ‘Everyone can win here. Our interest in diversion protection can be addressed, the patient’s need for relief can be permitted and everyone can declare victory and go home.’”
Kathryn L. Tucker, JD is Special Counsel at Emerge Law Group, where she Co-Chairs the Psychedelic Practice Group. Tucker is a founding member of the Psychedelic Bar Association and serves as Liaison to the Psychedelic Lawyering Task Force within the American Bar Association. Across her 30 year career, Tucker’s work has focused on advocacy to protect and expand the rights of the terminally ill. She served as Executive Director of the End of Life Liberty Project (ELLP), which she founded during her tenure as Executive Director of the Disability Rights Legal Center (DRLC), the nation’s oldest disability rights advocacy organization. Tucker served two decades as Director of Advocacy and Legal Affairs for Compassion & Choices. Prior to that, she practiced law with Perkins Coie. Professor Tucker has held faculty appointments at Loyola/Los Angeles, the University of Washington, Seattle University and Lewis & Clark, Schools of Law, teaching in the area of law, medicine and ethics at the end of life. Tucker served as lead counsel representing patients and physicians in two landmark federal cases decided by the United States Supreme Court, Washington v. Glucksberg and Vacco v. Quill, asserting that mentally competent terminally ill patients have a constitutional right to choose aid in dying. These cases are widely acknowledged to have prompted nationwide attention to improving care of the dying, and to have established a federal constitutional right to aggressive pain management. Tucker played a key role in successfully defending the Oregon Death with Dignity Act from attack by the United States Department of Justice, resulting in the landmark decision of the United States Supreme Court, Oregon v. Gonzales, representing the patient plaintiffs. Tucker was part of the team that succeeded in enacting the nation’s first state law permitting psilocybin therapy (Oregon Measure 109, 2020). She serves as lead counsel representing a palliative care physician and an oncology clinic in the first effort to apply Right to Try laws to psilocybin therapy, AIMS et al v DEA.
Health Canada’s recent SAP revision brings a new opportunity for patients and a clear responsibility for prescribers.
Health Canada’s recent decision to include psychedelic medicines in its Special Access Program (SAP) was met with a lot of fanfare. The SAP amendment brings good news for certain patients – specifically, treatment-resistant patients suffering from serious mental health conditions that impact individuals, families, and communities.
The new federal amendment has the potential to fill a critical gap for patients in need, including those suffering from depression, PTSD, and end-of-life anxiety. Many who suffer from mental health conditions don’t respond fully to current treatments, so there is a significant unmet need for safer and more effective therapies. The change to Health Canada’s SAP now allows physicians, clinics and hospitals to apply for previously restricted drugs for medical use, providing a new option for the patients who need it most.
I applaud the federal government for responding to the grave situation of the patients who aren’t responding to otherwise adequate treatment – and for recognizing the encouraging clinical data around psychedelic-assisted therapy. This SAP revision represents one small but important step on the road to greater access to psychedelic medicine.
Like most opportunities, this one comes with considerable responsibility. Failure to act responsibly could cause harm to individuals and to this evolving area of medicine. However, I believe that the community of experts in psychedelic medicine are ready and willing to support the practitioners who will be administering these therapies to patients.
What Does the SAP Revision Provide?
Health Canada’s SAP revision adds certain psychedelics, including MDMA and psilocybin, to the list of restricted substances that practitioners can request to treat patients in specific situations. Decisions will be made on a case-by-case basis, and will be reserved for serious treatment-resistant or life-threatening conditions, in instances where other therapies have failed, or are unsuitable or not available in Canada.
The recent amendment reverses regulatory changes made almost a decade ago that prohibited access to restricted drugs (including psychedelics). Historically, practitioners in Canada have been able to apply for unlicensed medications only through Health Canada’s Section 56 exemption – a fairly long and restrictive process. The SAP revision is expected to provide a much quicker review and more rapid access for approved patients.
Obviously, the SAP amendment will not bring broad access to psychedelic medicine in Canada, but ideally will help treatment-resistant patients, and serves as a clear signal that the government is acknowledging the potential of psychedelic medicine as a legitimate treatment option.
Celebrate the Progress, Continue the Push for Approval
To me, the government’s decision to include psychedelics in Canada’s SAP is a key acknowledgement that mental health conditions are being placed on the same footing as physical conditions, and frankly, that’s a shift that’s long overdue. Anyone working in mental health can see that treatment-resistant mental illness is indeed a serious or life-threatening condition, analogous to cancer that hasn’t responded to conventional treatment. But mental health disorders aren’t always viewed with that sense of urgency.
I’ve dedicated a good part of my medical career to raising awareness and advocating for changes in the treatment of mental health issues. I spent more than 30 years as a medical officer and psychiatrist in the Canadian Armed Forces, deploying twice and leading mental health programs in Afghanistan. I served as mental health advisor to the Canadian Forces surgeon general, and led initiatives with Canada and NATO as we explored innovative solutions in mental health. Achieving change in attitudes toward mental health and treatment innovation requires considerable effort and persistence.
We’ve seen modest improvement in mental health care over the years. However, I firmly believe we need to do better in this arena. Far superior advances have been made in the treatment of cancer, heart disease, and many other conditions that take an enormous toll on society and represent a significant medical and economic burden.
Yet in the field of mental health, so many patients continue to suffer without adequate or effective treatment. We must review the data while being mindful that each file or data point represents a person who is struggling. We must work to develop medicines with better results, realizing that mental health disorders affect not only patients, but their families and loved ones, their careers and communities.
During my time as the Chief of Psychiatry, I have experienced firsthand the enormous impact that trauma can have on soldiers and veterans. From mass graves in Rwanda to the battlefields of Kandahar, it’s difficult to see people who are putting their lives on the line to protect their country return home to treatments that will only work for half of them.
So the onus is on us to look for better solutions, to refuse to be satisfied with the status quo and to embrace ALL positive steps forward. In Canada, the inclusion of psychedelics in the SAP is one of those steps. That’s progress worth celebrating.
A growing body of evidence continues to demonstrate that psychedelic-assisted psychotherapies are emerging as a successful treatment option in many indications, from treatment-resistant depression to smoking and alcohol addiction to PTSD, anxiety, and OCD.
In the area of smoking cessation, Dr. Matthew Johnson and his team at Johns Hopkins are planning new studies to build on his team’s ongoing research, including the first government-funded clinical study in 50 years evaluating a psychedelic for therapeutic use. The team’s earlier study reported that 80% of participants who received psychedelic-assisted therapy remained abstinent from smoking at 6 months and 67% remained abstinent at 12 months. Those encouraging results show strong efficacy, and demonstrate clear progress.
We see positive data in other indications as well, including PTSD. MAPS is currently sponsoring MAPP2, the second of two Phase 3 trials studying MDMA-assisted therapy for PTSD. In the first Phase 3 study, 88% of participants with severe PTSD experienced a clinically-significant reduction in PTSD diagnostic scores two months after their third session of MDMA-assisted therapy, compared to 60% of placebo participants. Additionally, 67% of participants in the MDMA group (compared to 32% of participants in the placebo group) no longer met the criteria for PTSD remission two months after the sessions.
When governmental and regulatory agencies endorse the positive early results of new, transformative treatments, we can celebrate this success. And when organizations dedicate funding for continued research in our field, we applaud those decisions. We can use every bit of incremental progress as adrenaline to keep gathering evidence, and to use that evidence as our guide as we expand treatment options and promote best practices in administering them.
Setting Up Providers and Patients for Success
As Canada implements its recent change, the responsibility lies with clinicians and regulatory bodies to be very deliberate and safe in the way we use the SAP program. We must ensure that patient selection is based on science, and principles such as informed consent are followed.
I encourage doctors and patients considering these new treatment modalities to review the available research and have open, honest conversations with one another to determine if psychedelic-assisted psychotherapy is right for them. These are far from being first-line treatments and we must continue to turn to approved evidence-based treatments first.
Here’s the government’s process for requesting drugs through the SAP:
To administer psychedelic-assisted therapy under Health Canada’s SAP, healthcare professionals must fill out an application, which will be reviewed on a case-by-case basis.
The SAP considers a “healthcare professional” someone who:
is entitled, under the laws of a province or territory, to treat patients with an unapproved prescription drug
practices in that province or territory
has prescribing privileges in the respective province
Practitioners who receive approval can then request products from manufacturers that meet governmental requirements.
A few examples of questions asked in the application:
“What specifically about this drug makes it the best choice for your patient(s)?”
“Specify all treatments tried and/or failed…”
A request to provide references/evidence:
A question for a request for a repeat patient:
The final section:
How progressive or cautious will Health Canada be in reviewing and approving requests? That remains to be seen. But as a physician, my advice is clear: The practitioners who seek permission to use these medicines should ensure that they have the necessary training, competence, and confidence to provide these treatments safely and successfully.
The innovators in our field are scientists, doctors, and advisors offering extensive experience with psychedelic compounds, as well as mental health and addiction disorders. We must step up and support physicians who want to prescribe these treatments, but who might not have experience implementing psychedelic-assisted psychotherapy. We can provide evidence-based research, education on proper protocols, and access to experienced psychedelic integration specialists to answer questions every step of the way.
My message is simple: Let’s do this right. Let’s do this safely.
The End Goal: Regulatory Approval and Integration into Clinical Practice
The SAP should not be considered an alternative to integrating psychedelic-assisted therapy into existing medical practices. Rather, it provides help for those who qualify for use in exceptional circumstances under the SAP guidelines. It’s a step forward, but it’s not a solution.
Psilocybin and MDMA-based therapies are successful with specific indications and patient profiles. We need to continue gathering data to demonstrate safety and efficacy through clinical trials targeting specific indications. That’s the path to obtain regulatory approval of psychedelics with therapy protocols. Psychedelics must undergo the same rigor as any other medication vying for approval from regulatory bodies. We need to continue the work that will lead to an environment of safe, regulated access to psychedelic therapy in a medical setting. That takes patience, but will pay off in the long run.
Ultimately, the millions of patients afflicted with serious mental illness will benefit most when they have access to more advanced, more effective therapies than those on the market today. We truly see success when medical communities view psychedelic medicine as an accepted and adopted form of treatment within our existing healthcare infrastructure.
In this episode of the podcast, Joe interviews Adam Bramlage: Founder and CEO of Flow State Micro, a functional mushroom company and microdosing educational platform.
Bramlage talks about his journey to psychedelics and discovery of microdosing, and how he worries that the troubling issues he saw in the legal cannabis industry are already finding their way into the psychedelic space. He discusses what he experienced when he started microdosing; how he connected with James Fadiman; how he defines microdosing; the concepts of neurogenesis and a gut-brain axis; how more and more professional athletes are using psychedelics to heal brain injuries as well as optimize performance (and how leagues may handle this going forward); concerns over chronic microdosing; and why the goal is always to microdose less over time.
While we expected to hear about the benefits of microdosing, their conversation also goes deep into its history and our ancestral connection to psychedelics (particularly psilocybin), touching on Hernán Cortés; R. Gordan Wasson banking for the vatican; Christianity, Jesus, and mushrooms; repeated examples of control through the erasure of history; Tim Leary; Al Hubbard; MKUltra; the Tarahumara Indians’ peyote-influenced ultra-running; cave paintings; Whitey Bulger, and more.
Bramlage is a speaker on May 27th’s Microdosing Summit (along with Joe), and just released a new “Microdosing Movement Masterclass” in collaboration with the San Francisco Psychedelic Society, which focuses on our ancestral connection to psychedelics and the potential evolutionary use of microdosing. Use code psychedelicstoday at checkout for 10% off!
Notable Quotes
“I’m a single dad to two kids, and both of those kids, at periods of time in their life, were raised on a cannabis farm. And what I’ll tell you is this: when you normalize these plants and these tools and it’s just like a flower or a squash that my kid sees farmed like the farmer next to me, my kids want nothing to do with cannabis. It is so uncool. It’s the last thing they want to be around. I don’t have any worries about my son or daughter smoking pot. And why? Because we normalized it. And if you look at Portugal and what they’ve done with drugs and the success they’ve had with decrim legalization, supporting substance abuse issues with therapists and programs; this is the future. This is the answer.” “We have an ancestral and evolutionary connection to these plants and it’s only in the last couple hundred years that they’ve been made illegal and bastardized. …We’re putting five or six year old kids on Adderall (which is methamphetamine), but we’re pointing fingers at a parent who gives their kid 10 milligrams of a mushroom.”
“Psychedelics have an afterglow, or a 48-hour effect, so you don’t need to microdose seven days a week. You can take it on a Monday, take Tuesday off, and you’re still getting benefits. So what I see over time with microdosing is the more people use it, the less they need it. This isn’t a Western medical model of: you’re going to take microdoses five days a week because it regulates your blood pressure and your heart condition. It’s not like that. This is more like: the more people are microdosing over time, the less they need it. …When I’m coaching people or working with clients, the goal is to eventually not microdose.”
Adam Bramlage is Founder/CEO of Flow State Micro, a functional mushroom company and microdosing educational platform focusing on harm reduction and best practices. Bramlage works one-on-one with clients to optimize their microdosing experience. He’s helped hundreds of people, from professional athletes to people suffering from addiction and depression, achieve incredible results through microdosing. Bramlage works closely with psychedelic researcher, pioneer and father of modern microdosing, Dr. James Fadiman. In collaboration with Doubleblind Magazine, Bramlage launched his 14 episode online course “How to Microdose,” which was recently featured in Forbes Magazine as one of the masterclasses of psychedelics, and received an award from Gear Report for Top Ten Wellness Products of 2021. In collaboration with the SF Psychedelic Society, he has recently released his online Microdosing Movement Masterclass, looking at our ancestral and potential evolutionary use of microdosing. He is co-founder of the Microdosing Support Network, the first free online monthly microdosing support group. Prior to his work with mushrooms, he spent more than a decade in the Prop 215 and Prop 64 California cannabis space as a farmer, distributor, and manufacturer. He hopes psychedelics does NOT go the same route as legal cannabis.
With the power dynamics inevitably involved in psychedelic therapies and underground facilitation, can consent truly be established? And what can we learn from past abuse?
On behalf of all the survivors of psychedelic guide abuse, or abuse under any other non-ordinary states of consciousness such as hypnosis, meditative states, or other forms of induced or spontaneous trance and non-consensual shaktipat, I write this piece to elucidate how consent is not as simple as asking beforehand in a preparation session, or reiterating before the client “goes under/in.”
We need to begin by defining our terms, and understanding what we mean by consent is the first step in unpacking this issue.
Consent: permission, choice freely given with full acknowledgement of context, circumstances, possible consequences, and with full agency.
Consent is not only about the event/action/behavior itself in the moment, but the consequences of it, and the context within which those consequences unfold. For example, if a person is abused, psychologically tortured in a session, or touched in a way that triggers past trauma, then the fallout of that – as well as what resources and needs arise in the recovery process – have to be taken into consideration as well.
If the guides/facilitators, therapists, and other space-holders do not know about spiritual emergence/y as the deepest traumas come to the surface, then they will potentially hospitalize folks, call them crazy, and then de-validate any of the grievances they may bring up about the guide abuse – when in fact, it was them that induced the state of emergency in the first place, and therefore it is their responsibility to have proper resources and support in place for these inevitable openings.
These questions need to be asked to assess the power dynamics and ability or inability to give consent under certain conditions:
Is it truly possible to give consent if:
We are in trauma states (The 4 Fs: Fight, Flight, Freeze, Fawn)?
We are under the influence of entheogens or in other non-ordinary states of consciousness?
We have a history of violation of consent (rape, assault, abuse)?
The guide/facilitator is in an authority position?
We are less privileged due to race, gender, socioeconomic status, etc. (power dynamics)
Is consent truly consent if the aforementioned conditions are present?
Methods of Manipulation and Control
Another way to begin to protect ourselves and others from abuse within these vulnerable spaces is to understand more deeply some of the methods of manipulation and control that abusers use to coerce their victims.
These are the tactics that abusers use to prey upon the vulnerability from our trauma – AKA overriding consent.
Playing the victim themselves, to elicit the Fawn Response: By saying that they are the ones in need or the vulnerable one, they elicit caring and compassion from their victims, thus creating a false sense of security and intimacy, as well as being seen as innocent.
Pointing the finger at the other, saying they are the crazy one; gaslighting: They say that someone else is the crazy one to de-validate any grievances or anything that might be heard about them or their work from former clients who were harmed.
Repetition of narratives, AKA brainwashing: This is an actual technique used by lineages of guides and torturers to break down and break open peoples’ psyches so that they will be receptive to whatever narratives they want to implant.
Cues/post-hypnotic suggestions to activate certain feelings, thoughts, and behaviors: Similar to brainwashing, some abusers use cues to manipulate the victim’s actions.
Claiming that you are not trying or working hard enough: This is the victim-blaming portion of the protocol, where the abuser says if you just let go more, take more, break down your resistance/ego more, then you will be able to heal, creating a gatekeeper effect.
Romanticizing the pain and suffering they cause as for for our benefit: They will say things like, “This is for your healing” or “This is your warrior training” or “The universe/ancestors want you to do this.”
It’s like the opposite of false memory implantation – using actual memories and vulnerabilities against their victims