I get the same questions any time I tell someone that my law firm has a psychedelics practice group. One of the top 5 is: "is microdosing psilocybin legal?" The short answer is no. But like any area of the law, it's complex. Today, I'll dissect the legality of microdosing psilocybin. What is psilocybin microdosing?
The Oregon psilocybin advertising rules should be interesting. As a matter of law, advertising is a form of "commercial speech", and the Oregon Constitution's free speech guarantee is one of the nation’s strongest. In fact, it is broader in scope than even the First Amendment to the U.S. Constitution. Today, we want to cover some
On January 6, lawmakers filed a Washington psilocybin legalization bill, SB 5660, the Washington Psilocybin Services Wellness and Opportunity Act. Two attorneys in our law firm's psychedelics practice, Mason Marks and John Rapp, helped craft this vanguard bill (Mason's write-up is here). In the event legalization of psilocybin occurs in Washington, this post covers what
The United States Drug Enforcement Administration (DEA) is preparing to pass a rule that would place five tryptamine hallucinogens on Schedule I of the Controlled Substances Act (CSA). These compounds would then be as illegal as heroin, fentanyl or other dangerous drugs. Their possession, use, and manufacture would be a felony that could lead to
Time for another Oregon psilocybin licensing discussion update. We have now crossed the halfway point of the Oregon Health Authority (OHA) two-year development phase to create regulations based on Ballot Measure 109. As a reminder, there are five subcommittees covering different aspects of the emerging psilocybin industry. They include: research, health equity, manufacturing, training, and
This article was first published yesterday on Harvard Law School's Petrie-Flom Center Bill of Health Blog. On Tuesday, Washington State legislators filed SB 5660, a bill that would legalize the supported adult use of psilocybin by people 21 years of age and older. Washington Psilocybin Services Wellness and Opportunity Act Sponsored by Senators Jesse Salomon and Liz Lovelett,
Oregon's Measure 109 allows for the manufacture, delivery, and administration of psilocybin, the compound found in “magic mushrooms.” But how was psilocybin made illegal in the first place? Originally, psilocybin was illegal under Oregon Revised Statute (ORS) 475.005. This law is Oregon's "mini" controlled substances act. As in all other states, the Oregon law is
Time for an Oregon psilocybin licensing discussion update. Ballot Measure 109 gave the Oregon Health Authority (“OHA”) two years to create regulations for the manufacturing, testing, sale, and supervised administration of psilocybin. This two-year development phase started on January 1, 2021, and on March 18 Governor Kate Brown appointed members to the Oregon Psilocybin Advisory
Harris Sliwoski is pleased to announce the Psychedelics Law Blog! The Psychedelics Law Blog is a forum for discussing and analyzing the impact of psychedelics laws and reform on industry stakeholders, including health care operators, entrepreneurs, investors, regulators, advocates and others. On this new blog, we will continue to cover the psychedelics law and policy issues
Psychedelic retreats are all the rage (and that's not a new thing), which causes a variety of organizer legal issues and a corresponding spectrum of liabilities. At Wonderland Miami, Horizons NYC, and on a regular basis outside of conferences, we are asked about legal advice for the organizers of psychedelic retreats. Both recreational and therapeutic
