What can cannabis legalization tell us about psychedelics?

This article originally appeared in the Green Light Law Group and was republished with permission.

In both the established cannabis industry and the emerging field of psychedelics, federal law has fallen behind public opinion. Marijuana, LSD, mescaline (contained in peyote), MDMA, psilocybin (made from “magic mushrooms”) are all listed in Appendix I of the Controlled Substances Act (CSA) and, according to Bloomberg, are all important topics of current interest.

In addition, states have taken the legality of these substances into their own hands by legalizing medical cannabis and adult cannabis, and legalizing or decriminalizing certain psychedelics or entheogens. However, the fact that most entheogens and cannabis are stuck in Appendix I of the CSA means the US is lagging behind in research into these mind-altering substances.

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The cannabis legalization movement has been in the works for decades and it seems that the federal cannabis ban is about to end. The current pressure to legalize psychedelics is still in its infancy. This post explores what cannabis legalization can tell us about psychedelics.

US cannabis legalization timeline

Despite some similarities, psychedelic legalization works differently than cannabis legalization, at least in terms of timing. The modern cannabis legalization movement can trace its first major success to California in 1996 when the state became the first in the country to legalize medicinal cannabis. Several states followed suit, including Oregon in 1998. Finally, in 2012, voters in Washington and Colorado decided to legalize adult or recreational cannabis use of cannabis.

Over time, public opinion about cannabis has slowly changed significantly. Now a majority of Americans are in favor of legalizing marijuana nationally. With the development of the cannabis industry, the focus has shifted from legalizing medical marijuana to legalizing marijuana for both medicinal and recreational cannabis.

Alternatively, the psychedelic movement quickly gained public support. Oregon was the first state to introduce a regulated entheogen in 2020. While it took years for public support to tip over in favor of cannabis, a report by The Hill shows just months after Oregon legalized psilocybin (and years before the program actually went live). that more than a third of voters in America already believe that psychedelic substances like “magic mushrooms” have medicinal value.

It took much longer to grow support for cannabis legalization. Bipartisan support for psychedelic treatments is also developing rapidly, with former Texas Governor Rick Perry (R) supporting legislation that enables clinical research into psilocybin to help veterans suffering from PTSD.

Psychedelics in the pharmaceutical field

Big money is also flooding the psychedelics market much faster than the cannabis market. Nearly $ 540 million was poured into psychedelic businesses in early 2021, according to Psychedelic Stock Watch. As another article on Psychedelic Stock Watch points out, “Most psychedelic drugs, unlike cannabis, are much more accessible to a drug patent system. Translation: Much more robust earnings potential for pharmaceutical companies compared to cannabis. ”While cannabis certainly contains“ big bucks, ”especially investments in multi-state operators (MSOs), the money has gone much faster to companies that focus on psychedelics.

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At present, it seems unlikely that the legalization of psychedelics will ultimately enable the non-medical or recreational use of psychedelics. This differentiates psychedelics from cannabis in the sense that many states legalize cannabis for recreational, not medicinal, use. Put simply, psychedelics are stronger than cannabis and may not be safe for recreational use. Since psychedelics are better suited for patent purposes, there are also more incentives for developing pharmaceutical psychedelics.

Psychedelic Industry Priorities: Spiritualism Or Commerce?

However, there are other avenues that policy makers should explore in legalizing psychedelics. For thousands of years people have used psychedelics for spiritual or religious purposes. Many entheogens are considered sacramental. In the United States, most of the discussion about cannabis has centered on the difference between recreational and medicinal use, or the difference between marijuana and hemp. In contrast, cannabis legalization in Jamaica has not only influenced medicinal and recreational cannabis, but also legalized the sacramental use of cannabis or ganja in the Rastafarian tradition.

RELATED: What is Preventing Cannabis Legalization in the US?

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I hope that with the legalization and regulation of psychedelics in the state and the federal government, a place in the industry will be reserved for traditional, spiritual use, as is the case with ganja in Jamaica. Although the legalization of psychedelics was quickly driven by commercial interests, this does not preclude the use of psychedelics for non-commercial purposes.

Recreational cannabis vs recreational psychedelics

The fact that the psychedelics legalization movement is similar to the cannabis movement in many ways does not mean that it will or should take the same path towards legalization. In many ways, the legalization of cannabis at the state level laid the foundation for the rapidly evolving psychedelic movement, but that doesn’t mean we should expect a surge in recreational psychedelics in the future. Proponents of psychedelics legalization should learn from the cannabis movement, but not try to recreate the exact path to legalization, as what makes sense for cannabis may not make sense for psychedelics.

Daniel Shortt is a Seattle, Washington-based corporate and regulatory attorney who works extensively with entrepreneurs in the cannabis industry. You can reach him at info @gl-lg.com or (206) 430-1336.

This article originally appeared in the Green Light Law Group and was republished with permission.