From Taboo to Treatment: Massachusetts Debates Decriminalizing Psychedelics

On June 13, 2023, the Joint Committee on Public Health of the Massachusetts legislature held a public hearing on two bills that propose to decriminalize psilocybin and other psychedelic substances in the state. Psilocybin is the psychoactive compound found in some species of mushrooms, commonly known as “magic mushrooms”. The hearing was part of a growing movement to reform the legal status of psychedelics, which have been shown to have therapeutic potential for various mental health conditions.

Background and history

Psilocybin and other psychedelics have been used for centuries by various cultures for spiritual and healing purposes. However, they were banned in the United States and most other countries in the late 1960s and early 1970s, following a wave of moral panic and political pressure. They were classified as Schedule I drugs under the United Nations Convention on Psychotropic Substances of 1971, which means they are considered to have no medical value and a high potential for abuse.

Since then, scientific research on psychedelics has been severely restricted and stigmatized, despite growing evidence of their safety and efficacy for treating conditions such as depression, anxiety, post-traumatic stress disorder (PTSD), addiction, and end-of-life distress. In recent years, however, there has been a resurgence of interest and advocacy for psychedelic therapy, as well as a shift in public opinion and policy.

In 2019, Denver became the first city in the US to decriminalize psilocybin mushrooms, followed by Oakland, Santa Cruz, Ann Arbor, Cambridge, Somerville, and Northampton. In 2020, Oregon became the first state to legalize psilocybin for therapeutic use under a regulated system that will be implemented by 20233 In 2022, Colorado became the second state to legalize psilocybin mushrooms. Several other states and cities are considering similar measures.

The Massachusetts bills

The two bills that were discussed at the hearing are Senate Bill 2248 and House Bill 3439, both introduced in January 2021 by Senator Julian Cyr and Representative Mike Connolly, respectively. The bills are identical in their content and aim to:

• Decriminalize the possession, cultivation, distribution, transportation, and consumption of psilocybin mushrooms and other natural psychedelics (such as mescaline cacti, iboga, and ayahuasca) by adults aged 21 or older.

• Establish a task force to study the effects of natural psychedelics on health, well-being, and public safety, and to make recommendations for future regulation and legalization.

• Expunge the criminal records of people who have been convicted of offenses involving natural psychedelics.

• Direct the Department of Public Health to conduct public education campaigns on the benefits and risks of natural psychedelics.

The bills do not legalize synthetic psychedelics (such as LSD or MDMA), nor do they allow commercial sales or production of natural psychedelics. They also do not affect the federal prohibition of these substances.

The Implications

The proponents of the bills argue that decriminalizing natural psychedelics would reduce the harms of criminalization, such as stigma, incarceration, racial disparities, and barriers to research and treatment. They also claim that natural psychedelics have proven benefits for mental health and well-being, especially for people who suffer from treatment-resistant conditions or trauma. They cite numerous studies that have demonstrated the safety and efficacy of psilocybin and other psychedelics in controlled settings.

The opponents of the bills express concerns about the potential risks of natural psychedelics, such as adverse reactions, abuse, diversion, and interactions with other drugs or medical conditions. They also question the validity and generalizability of the existing research on psychedelics, which they say is limited by small sample sizes, lack of long-term follow-up, and biased reporting. They argue that decriminalizing natural psychedelics would send a wrong message to the public and undermine existing drug prevention and treatment efforts.

The outcome of the hearing is not yet known, but it is likely that the bills will face further scrutiny and debate before they can advance to a vote. If passed, Massachusetts would become the first state to decriminalize natural psychedelics statewide. This would have significant implications for the future of psychedelic research, therapy, and policy in the US and beyond.