For the past three years we have been publishing a daily column at our website Cannabis Law Report highlighting the latest in regulatory news and information for the world of psychedelics as an increasing number of cities and states in North America take a more enlightened view towards the medical and personal use of psychedelics.

2023 has been a milestone year for psychedelics regulation in the USA.

Oregon has initiated a program with official therapists now allowed to officially practice in the state under the aegis of the Oregon Health Authority’s Psilocybin Services program.

• The law requires the state to issue four license types: manufacturers that cultivate and/or process psilocybin products; laboratories that test psilocybin products; facilitators who support clients through preparation, administration and integration sessions; and service centers where psilocybin products are sold to and consumed by clients in a supported setting.
• To access psilocybin services, clients must be 21 and older. Although a prescription or referral is not required, clients must complete a preparation session with a licensed facilitator before consuming psilocybin products at a licensed service center.
• The Oregon psilocybin services model is not product centered.
• There will be numerous ways to consume psilocybin, all of which rely on natural cultivation and processing.
• Clients may eat dried, whole mushrooms.
• Clients may drink tea.
• Clients may consume edible food products, such as chocolate.
• Clients may swallow capsules that contain ground homogenized fungi.
• Clients may consume an extract.

Colorado voters approved Prop 122 in November 2022.

The program is rolling out in stages and as of 1 July 2023 these rules are in force.

• People are allowed to grow and consume psilocybin and psilocybin mushrooms and their derivatives; as well as have ibogaine; mescaline; and DMT for “personal use.” The law does not set specific quantity limits. (Note that the law does not cover LSD, which remains fully criminalized).
• People can give away, or share, most of those substances — but they can’t sell them. Ibogaine also cannot be shared.
• People can sell “bona fide” services for “harm reduction” or “support” related to the use of psychedelic drugs, though the law does not define those terms. Those service providers can also “share” the drugs with clients, free of charge. But if they are providing the drugs, they cannot advertise their services in any way. Unregulated practitioners also must tell clients they’re working without a license.
• People are allowed to cultivate mushrooms within a 12-by-12 foot area on private property.
• It is illegal for people under the age of 21 to possess or consume any of the listed substances. It’s also illegal to share those substances with underage people.
• Psychedelic mushrooms and the other affected drugs remain illegal at the federal level, meaning anyone growing or using them could still face consequences from federal law enforcement

California may not have enacted the legislation that Senator Scott Weiner wanted, due to Governor Newsom’s veto of his Senate Bill 58 late 2023 but debate is ongoing, amendments are being re-submitted and with some more horse trading most expect some sort of statewide initial conclusion in 2024.

Since the publication of our 2nd edition of the directory the following further developments have taken place around the USA.

• September 7, 2022, the San Francisco Board of Supervisors unanimously approved a measure calling for the decriminalization of the use of entheogenic plants.
• February 27, 2023 Ferndale, Michigan, became the fourth city in Michigan to decriminalize entheogenic plants and fungi
• May 2023, Jefferson County Washington decriminalized the use of entheogenic plants and fungi.
• July 11, 2023, Berkeley, CA became the fifth city in California to decriminalize entheogenic plants and fungi
• July 23, 2023, Minneapolis, Minnesota decriminalized entheogenic plants and fungi via mayoral executive order
• October 3, 2023, the City Council in Portland Maine voted to deprioritize the local enforcement of laws against psychedelic plants and fungi.
• October 2023, ‘Massachusetts for Mental Health Options’ received approval from the state attorney general to pursue a ballot initiative for the 2024 elections. This initiative seeks to legalize psychedelics, including home cultivation of entheogenic plants and fungi, in Massachusetts.

The growth in psychedelic research at universities and newly formed pharmaceuticals around the world continues unabated and although the middle 2 quarters of 2023 indicated a slow down of investment opportunities in the sector it looks like that side of the market has picked up again as we head in 2024.

As we indicated in last years’ edition, many lawyers with a background in the cannabis industry are also now applying their skills and knowledge to the world of psychedelics and advising companies, authorities and governments on the paths to de-criminalization, regulation, policy and markets.

So, in our 3rd edition of the Global Top 200 Psychedelics Lawyers & Experts  we believe we have found, for you, the best legal minds whether they be from a policy, corporate, regulatory or criminal background, as well as  individual and teams at medical psychedelic companies with legal and policy skillsets & individuals from universities, the media and other backgrounds.

Who Are The Powerhouse Law Firms Practicing in the field?

Canada

• Aird Berlis

USA:- the following firms appear to be leading the pack. 

• Emerge Law
• Husch Blackwell,
• Calyx ( IP),
• Harris Sliwoski (CA)
• Vicente Sederberg (CO / CA)
• The Plant Medicine Group
• Cultiva Law

It is also a field full of strong solo practitioners specialising in a wide range of practice areas from IP, to entheogen-based religious institutions, M&A, healthcare.. just to name a few.

In Europe not much has really changed over the past 12 months and once again we would give a mention to Elliott Rolfe @ Mackrell Solicitors in the UK and in Portugal Joao Taborda da Gama at Gama Gloria.In the southern hemisphere we give a mention to Alex de Wet in South Africa.

Unfortunately, as yet, Australia & NZ is distinctly lacking in lawyers with a skill base or desire to understand the topic and yet again we can’t make any relevant recommendations. This comes as somewhat of a surprise as the TGA is actually quietly approving research and R&D into a number of compounds including MDMA.

The USA based   Psychedelic Bar Association has spent the last year building its membership and we are hoping that it will grow to become an inclusive organisation that looks outward rather than inward. From what we can surmise from the outside it is currently a legal association looking to engage the wider world. Let’s hope that this modus operandi remains in place.

We hope you find this our 3rd edition of The Global Top 200 Psychedelic Lawyers, Policy & Regulation Experts a worthwhile read & resource tool and please do get in touch with us with any questions or comments or thoughts for our next edition.

Sean Hocking – Editor
The Global Top 200 Psychedelic Lawyers, Policy & Regulation Experts 2024

Contact Sean Hocking