As more politicians shine light on the potential for psychedelic medicine therapies, state bills and federal action have already begun to grow and could accelerate going into 2024.
In Washington, D.C., the Department of Defense budget for 2024 includes funding to study psychedelic treatments for active-duty service members – a major step at the federal level. Meanwhile, the FDA contemplates an application for a new MDMA drug submitted by the Multidisciplinary Association for Psychedelic Studies (MAPS). And U.S. Congressmembers continue working to pass bills on breakthrough therapies, provide funding for research, and prevent the Department of Justice from going after state legalization programs.
On the state level, at least 13 states have introduced bills by the end of January. Some propose personal use via regulated provider-assisted treatment centers. Others would create working groups or task forces to study the potential of psychedelic therapies and make recommendations for legalized use. Hawaii would allow for personal therapeutic use, while Rhode Island would legalize personal possession and sharing.
Meanwhile, a citizen’s petition in Massachusetts that would legalize personal use, service centers and cultivation has received enough signatures to present the proposal to the state legislature. If lawmakers don’t act on it, voters may get to decide.
Psychedelic Alpha reported more than half of U.S. states introduced some sort of psychedelics legislation in 2023. But only Arizona and Washington passed bills for research. Given that momentum, we shouldn’t be surprised to see more proposals, and adopted legislation, by the end of 2024.
Here’s a rundown of what’s on the table so far this year.
Federal efforts to support vets, state programs
The 2024 National Defense Authorization Act approved in December authorizes $50.3 million to study certain psychedelics – including psilocybin and MDMA — to treat PTSD, traumatic brain injury and chronic traumatic encephalopathy in active-duty service members. The amendment was introduced by Rep. Dan Crenshaw, R-Texas, originally as the Douglas “Mike” Day Psychedelic Therapy to Save Lives Act.
Held over from last year is Sen. Corey Booker’s, D-N.J., Breakthrough Therapies Act, which would classify drugs with high potential for abuse but with currently accepted medical use as Schedule II drugs. This bill is considered a gateway to broader use of psychedelic treatments.
Also still pending is HR 5592, introduced by Rep. Robert Garcia, D-Calif. Similar to the Rohrabacher-Farr Amendment for cannabis, it would prohibit the use of federal funds to prevent states from implementing their own psilocybin programs, like in Oregon and Colorado.
States open their minds to psychedelics
When it comes to legalization of psychedelics, the states to watch in 2024 include Arizona, Massachusetts, New Hampshire and Rhode Island. Maine, New Jersey and New York reintroduced proposals that had little traction in previous sessions.
- Arizona – SB 1570: After passing a $5 million psilocybin research program last year, Arizona senators have introduced a bipartisan bill to establish licensed psychedelic-assisted therapy centers to administer psilocybin services, similar to Oregon’s and Colorado’s programs.
- Hawaii – SB 3019/HB 2630: These companion bills would allow for the administration of psilocybin for therapeutic use for qualifying patients. It would protect licensed mental health practitioners from prosecution for writing certifications for treatment. Those who possess or distribute psilocybin would have an affirmative defense from prosecution if they have authorization for therapeutic purposes.
- Maine – LD 1914/SP 774: The Maine Psilocybin Health Access Act would amend the cannabis act to allow for personal use of psilocybin by adults age 21 and older. Carried over from last year, the legislation would establish a licensed marketplace for service centers, manufacturing and testing. While not much happened with the bills last year, the Veterans and Legal Affairs Committee held a work session Jan. 24.
- Massachusetts – Measure L (23-13): A petition to grow, possess and use plant-based psychedelics is now before the state legislature after receiving 96,277 valid signatures, as certified by Secretary of the Commonwealth William F. Galvin on Jan. 3. If the lawmakers do not pass it by April 30, supporters would get a second chance to gather an additional 12,429 valid signatures to place it on the November ballot.
- New Hampshire – HB 1693: This bill would legalize possession and use of psilocybin, lysergic acid diethylamide (LSD) and mescaline by qualifying patients, permit caregivers and license treatment centers.
- New Jersey – S 2283: The Psilocybin Behavioral Health Access and Services Act was revived Jan. 9 after going nowhere for two years in the previous legislative session. It would decriminalize home cultivation and use of psilocybin mushrooms. After an 18-month development period, the Department of Health, advised by an 18-member board, would license manufacturing, testing, transportation, delivery, sale and purchase of psilocybin products and services. It would also expunge prior criminal offenses.
- New York – A 114: This bill carried over from last year with no action would legalize possession of certain natural, fungus-based hallucinogens. Also carried over are companion bills to create a psilocybin assisted-therapy pilot program for 10,000 vets.
- Rhode Island – H 7047: This bill would amend current drug law to allow a person 21 and older to possess up to 1 ounce of psilocybin and allow sharing. If the FDA ever reschedules psilocybin from Schedule I of the Controlled Substances Act, the state would establish a regulated cultivation and distribution market.
Task forces and studies offer passive support
Some state legislators are taking the passive approach toward legalizing and regulating psychedelic medicine by directing studies, task forces or working groups to make recommendations for later action.
- Alaska – SB 166/HB 228: Our northernmost state would create a Mental Health and Psychedelic Medicine Task Force to assess the potential for psychedelic drugs and make recommendations for the licensing and regulation of their distribution – in the event that psychedelic medicine is reclassified and approved by the FDA.
- California – AB 941: Following Gov. Gavin Newsom’s veto of a bill last year that would have decriminalized psychedelic drugs while the state put together a regulated assisted-therapy program, legislators are trying again with a bill to convene a workgroup to study and make recommendations for a regulated program in the next two years. It was amended to not limit the therapy to veterans. The California Assembly passed the bill 58-0 on Jan. 30.
- Indiana – SB 139: This bill would establish a fund to assist research institutions in the study of psilocybin therapies to treat mental health and other medical conditions.
- Maryland – HB 548: A Task Force on Responsible Use of Natural Psychedelic Substances would study the use of natural psychedelic substances and make recommendations to the governor and general assembly by Dec. 15, 2025.
- Missouri – SB 768: Adults 21 and older who are in a clinical trial to study a specific medical condition could use up to 150 milligrams of psilocybin analyte. It would also provide $2 million to fund research. A similar bill without the funding was reintroduced in the House as HB 1830 and received a hearing Jan. 30 by the Veterans Committee.
