In recent years, there has been a growing movement to decriminalize psychedelic substances in the United States. This movement has gained momentum with the success of local initiatives in cities like Denver, Colorado, and Oakland, California, which have decriminalized the use and possession of psilocybin mushrooms and other entheogenic plants and fungi.

What is psychedelic decriminalization, and what does it mean for people who want to try psychedelics?

First, let's define what we mean by "psychedelics." Psychedelics are a class of psychoactive substances that alter perception, cognition, and mood. Examples of psychedelics include psilocybin (the active ingredient in "magic mushrooms"), LSD, DMT, and mescaline. We are notably leaving ketamine out of this article because it is already fully legalized in the U.S. and so there has not been a need to decriminalize its usage for treatment.

Psychedelic decriminalization refers to the process of removing criminal penalties for the possession, use, and cultivation of these substances. Decriminalization does not mean that these substances are legal; rather, it means that law enforcement officials are instructed to deprioritize enforcement of laws related to these substances. This approach differs from legalization, which would remove all criminal penalties for these substances.

The movement to decriminalize psychedelics is rooted in growing evidence of their potential therapeutic benefits. Studies have shown that psychedelics can be effective in treating a range of mental health conditions, including depression, anxiety, and post-traumatic stress disorder (PTSD). Some researchers believe that psychedelics may also have potential in treating addiction and end-of-life anxiety.

Despite these potential benefits, the use of psychedelics remains illegal under federal law in the United States. However, some states and cities have taken matters into their own hands by passing local initiatives to decriminalize these substances.¹

Decriminalization in multiple states

In 2019, Denver became the first city in the United States to decriminalize psilocybin mushrooms. The initiative, which passed with 50.6% of the vote, made the possession and use of psilocybin mushrooms by adults 21 and older the city's lowest law enforcement priority. The initiative also barred the city from spending resources on enforcing criminal penalties for psilocybin use and possession.²

Oakland, California, followed suit in June 2019, becoming the second city to decriminalize entheogenic plants and fungi, including psilocybin mushrooms, ayahuasca, and iboga. Like Denver's initiative, Oakland's decriminalization measure made the use and possession of these substances the city's lowest law enforcement priority.³

Other cities, including Santa Cruz, California, and Ann Arbor, Michigan, have since passed similar initiatives.⁴ As of late 2022, 25 states have considered 74 bills for decriminalization or legalization of psychedelics.⁵

What does this mean for people who want to try psychedelics?

While decriminalization does not make the use of psychedelics legal, it does provide a level of protection for individuals who choose to use them. In cities where these substances have been decriminalized, law enforcement officials are instructed to prioritize more serious crimes over enforcement of laws related to psychedelics.

It is important to note, however, that even in cities where psychedelics have been decriminalized, possession and use of these substances can still carry legal risks. Federal law still considers these substances illegal, and individuals caught in possession of them could face federal charges.

Furthermore, even though psychedelics may have therapeutic potential, it is important to approach their use with caution. These substances can have powerful effects on the mind and body, and their use can carry risks. Individuals considering using psychedelics should research their effects, start with low doses, and use them in safe and controlled environments.

In conclusion, the decriminalization of psychedelics in the United States represents a shift in attitudes toward these substances and a growing recognition of their potential therapeutic benefits. However, it is important to remember that decriminalization is not the same as legalization and that the use of psychedelics still carries legal risks.

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References:

1. Psychedelics Legalization & Decriminalization Tracker - Psychedelic Alpha. Psychedelic Alpha. Published 2017. Accessed March 13, 2023. https://psychedelicalpha.com/data/psychedelic-laws‌
2. Chavez N, Prior R. Denver becomes the first city to decriminalize hallucinogenic mushrooms. CNN. Published May 9, 2019. Accessed March 13, 2023. https://www.cnn.com/2019/05/08/us/denver-magic-mushrooms-approved-trnd/index.html#:~:text=Denver has approved a city,results from the elections division.
3. Epstein K. Oakland decriminalizes “magic mushrooms” and other natural psychedelics. Washington Post. Published June 5, 2019. Accessed March 13, 2023. https://www.washingtonpost.com/nation/2019/06/05/oakland-decriminalizes-magic-mushrooms-other-natural-psychedelics/
4. Wikipedia Contributors. Psilocybin decriminalization in the United States. Wikipedia. Published March 1, 2023. Accessed March 13, 2023. https://en.wikipedia.org/wiki/Psilocybin_decriminalization_in_the_United_States
5. Siegel JS, Daily JE, Perry DA, Nicol GE. Psychedelic Drug Legislative Reform and Legalization in the US. JAMA Psychiatry. 2023;80(1):77. doi:https://doi.org/10.1001/jamapsychiatry.2022.4101

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Cover photo by Irina Iacob on Unsplash