Happy Thanksgiving from Psychedelics Law Blog!
Here’s to a relaxing holiday with family and friends. Enjoy the holiday! We will be back next week with our regular programming.
Ketamine Clinics and Malpractice: Recent New York Litigation
Many ketamine clinics in the United States offer treatments for various behavioral health conditions, including depression. However, many healthcare providers who work for these clinics are not trained in psychiatry and/or counseling. There are various legal issues with this type of fact pattern. Among other things, are healthcare providers who are not trained in psychiatry
The VISIONS Act, Psilocybin and Federal Enforcement
Perhaps inevitably, lawmakers introduced a very skinny bill last week to protect states that legalize psilocybin from federal intervention. Specifically, it requires that: [n]o Federal funds may be used to prevent any State or unit of local government from implementing such State’s or unit of local government’s own laws that authorize the use, distribution, sale,
Common Misconceptions About California’s New Psychedelics Bill
There is a lot of misinformation floating around online about SB-58, California’s newest psychedelics bill. Unlike the state’s last attempt, SB-58 went through both the state Senate and Assembly and is heading to Governor Newsom’s desk. So it makes sense to discuss what the bill does and doesn’t do. And no, it doesn’t legalize psychedelics.
Ketamine Telehealth: Some More Updates
Ketamine telehealth has been a wild ride these last few years. Every few months I give an update, and every time I do, things seem to change dramatically. For example, in just a few short weeks in February 2023, the situation went from “bad” to “good” (at least sort of) as it became clear that
Will Psychedelics Be Rescheduled After FDA Approval?
A handful of entities are in various stages of the FDA approval process for MDMA and psilocybin drugs (see here and here for some of our prior analysis of the issues). FDA approval could happen in the next few years. But there’s a catch: psilocybin and MDMA are both schedule I drugs under the Controlled Substances Act (CSA).
Oregon’s New Psilocybin Laws (Data Collection)
At the kickoff of the Oregon legislative session in January, I wrote Oregon Psilocybin 2023: Legislative Forecast and Report. The session went awry in April, when Oregon Senate Republicans staged a walkout over gun and abortion bills. The walkout lasted six weeks, with our representatives re-opening for business on June 15th— just 10 days before sin die on
Making Money in the Psychedelics Industry Will be Harder than Cannabis
Anyone familiar with the cannabis industry knows how difficult it is to make money. Things are going to be even worse for people in the state-legal psychedelics industry – much worse. There are a few key reasons for this. I should note that this post is focused on the state-legal psychedelics industry (i.e., service centers)
Religious Psychedelics Groups and 501(c)(3) Status: An Update
Section 501(c)(3)Â of the Internal Revenue Code provides tax exemptions for qualifying charitable organizations, like religious groups. Naturally, religious groups that use psychedelics want 501(c)(3) status. But the Internal Revenue Service (IRS) – like many of its counterpart agencies – refuses to play ball. In 2021, a group called the Iowaska Church of Healing took the
Magic Mushrooms: The Newest Treatment for Athletes?
The use of psilocybin (magic mushrooms) for therapeutic purposes gains traction Last month, the NBA and its players association reached a tentative deal that the league would no longer test players for marijuana. Indeed, the NBA is lifting its ban on marijuana in the new collective bargaining agreement. Meanwhile, the NFL and its players agreed