Several states across the U.S. are forging ahead with their respective psilocybin reform programs, largely embracing policy changes around possession and cultivation while working to implement therapeutic practices involving the “magic mushroom” compound. 

And kicking off the new year, more states are looking to join those ranks. Most recently, Rhode Island Rep. Brandon Potter (D) introduced his proposal — described in his own words as a decriminalization model — with a number of details standing apart from reform measures that have already been enacted.

Rhode Island’s Newest Bid for Psilocybin Reform

The bill, H 7047, would remove penalties around possession, home cultivation and sharing of one ounce or less of psilocybin. The bill specifically notes exemptions for psilocybin, so long as it is “in possession of one person or shared by one person to another” and that psilocybin “has been secretly cultivated within a person’s residence for personal use.” The bill would not work to establish a psilocybin retail system, though that could shift along with broader policy.

The bill also leaves room for potential evolution in federal law, namely if psilocybin ends up being rescheduled on the Drug Enforcement Agency’s (DEA) Controlled Substances Act (CSA). The compound is currently classified as a Schedule I controlled substance.

The measure suggests that the Food and Drug Administration (FDA), referred to incorrectly in some of the bill’s language as the “Federal Drug Administration,” would be the authority responsible for rescheduling psilocybin, though this is typically a job of the DEA. The FDA, however, has the ability to approve specific pharmaceutical drugs.

The bill notes that provisions could shift, should federal access to psilocybin expand to include “patients with a serious or life-threatening mental or behavioral health disorder, who are without access to effective mental or behavioral health medication.” In that case, the bill references that psilocybin could be available in the state in locations approved by the Rhode Island Department of Health.

Another notable distinction is the temporary nature of the bill, which would take effect on July 1, 2024 and sunset on July 1, 2026.

Prior to this date, the attorney general would need to provide a report to the speaker of the house and the president of the Senate, providing data on the number of violations issued for psilocybin possession, cultivation and distribution. The director of the Department of Health would also be required to provide a report to the same parties surrounding the scheduling of psilocybin and “permitted use for the treatment of mental or behavioral health disorders.”

While the bill has a number of specific differences from many that have already been enacted, this is by design according to Potter. In an interview with Marijuana Moment, he said that the bill is meant to provide more flexible accessibility for those who may benefit from the effects of psilocybin.

Increasing Access to Psychedelic Medicine

Potter said that legalizing noncommercial growing and sharing of psilocybin would allow for greater access of those in need, adding, “the last thing I wanted to do was create a legalization model that would make it highly regulated and restrict access to people who actually need it.”

While other states have similarly prohibited penalties surrounding possession and cultivation of psilocybin mushrooms, therapeutic access — or working specifically with mental health professionals through guided psilocybin counseling — largely presents an accessibility issue for many citizens.

In Oregon for example, there were an estimated 3,000 people on a waitlist for the state’s first legal and operating psilocybin center as of September 2023. These experiences can also exceed more than $2,000, as reported by AP News, and while patients don’t need a prescription or referral, their insurance will not cover those expenses.

Potter referenced that the price of psilocybin services can be even higher, reaching up to $10,000. He also nodded to the shortage of behavioral healthcare providers in Rhode Island who are already “so squeezed by the private insurance system” that they only take patients paying out of pocket, adding that he does not want to “exacerbate that issue.”

Potter also noted that he does not want the initiative to be driven by money, specifying that the bill is about creating additional options for those in need, “not creating a new industry for the state at the expense of people’s care.”

According to the representative, decriminalization is the primary aim, though he also wanted to eventually allow doctors in the state to recommend psilocybin to patients.

A similar bill, H 5923, was passed in the Rhode Island House of Representatives last year, though it did not progress to the Senate. Potter said he’s hopeful this measure will make it to the Senate, receive a hearing and that the committee will “understand that there’s a number of people in Rhode Island that have already benefited from this as a treatment, and in doing so they’ve broken the law.”

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If the federal government signs off on psilocybin, a pair of Rhode Island lawmakers want the state to be ready to benefit.

The bill under consideration would “decriminalize the use of so-called ‘magic mushrooms’ statewide,” according to local news station WPRI, although that would “[hinge] upon whether the Federal Drug Administration (FDA) approves psilocybin as a treatment for chronic mental health disorders.”

“Veterans and many others in our community are struggling with chronic [Post Traumatic Stress Disorder], depression and other mental health disorders that can be totally debilitating,” said Democratic state House Rep. Brandon Potter, as quoted by WPRI. “We should give them the freedom to try every tool available and not criminalize a natural, effective remedy.”

Potter is sponsoring the measure along with state Sen. Meghan Kallman, also a Democrat. It’s familiar territory for Potter.

Last year, Potter proposed a bill that would have also decriminalized psilocybin, although there was no provision in that legislation on FDA approval.

According to WPRI, this year’s proposal “would require the Rhode Island Department of Health to regulate the use of psilocybin as a treatment should it be approved by the FDA.”

“Psilocybin is not addictive,” Kallman said, as quoted by WPRI. “It’s naturally occurring and people have been using it recreationally and medicinally for thousands of years.”

“It is only illegal because, over 50 years ago, President Nixon associated it with his political opponents,” she added. “It’s time to undo that mistake and give our neighbors struggling with chronic mental illness, and all Rhode Islanders, the freedom to use psilocybin responsibly.”

Mushrooms and other psychedelics are fast emerging as the next front for legalization advocates, as the science and medical community continues to uncover more encouraging findings about their ability to treat disorders.

The state of Oregon legalized psilocybin for therapy in 2020 after voters there approved a ballot measure. Two years later, voters in Colorado did the same.

The changes in laws have coincided with a shift in attitudes about the drugs.

A poll in 2020 from the research firm Green Horizons found that 38% of American adults believed that psilocybin mushrooms should be legal in at least certain circumstances.

“When it comes to psychedelics, there are many parallels with the movement to legalize cannabis. In both cases, education is paramount,” Adriana Waterston, Green Horizon’s SVP of Insights and Strategy, said at the time. “Psychedelics, like cannabis, have been tied to a negative, highly stigmatized image for many years. Science, however, is showing us that psychedelics demonstrate tremendous promise for certain chronic psychological illnesses, even those that have been treatment-resistant. As we continue to study psychedelics and evidence for their benefits mounts, we can expect support for legalization to follow.”

The poll found that 25% of Americans believed that psilocybin mushrooms should be legal under limited circumstances –– perhaps as a medical or religious practice –– while 13% think they should be legalized outright.

As WPRI noted, “Current federal law classifies psilocybin as a Schedule 1 drug alongside fentanyl and cocaine, both of which are highly addictive,” while state law in Rhode Island puts the hallucinogen in the same category as heroin, cocaine and methamphetamine.”

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