Massachusetts may be lessening its grip on drug laws as a new proposed bill seeks to decriminalize certain psychedelics. Throughout the bay state, psilocybin and other plant medicines like ibogaine and DMT have been decriminalized in Somerville, Northampton, and Easthampton. This trend will spread statewide if the bill passes.

So far, Oregon and Colorado have already decriminalized psilocybin, while other states like New York and New Hampshire are trying to pass similar decriminalization bills. In the 2023 legislative session, several proposals have been made to decriminalize natural substances. However, it is still unclear if the law will accept these psychedelic medicines. Only time will determine whether or not the proposals are accepted. 

Breaking down the bill

According to the Boston Herald, Sen. Patricia Jehlen presented Senate Bill SD 949 to the Massachusetts General Assembly earlier in January. The proposed law seeks to decriminalize the use of certain “natural medicines” among legal adults. Rep. Lindsay Sabadosa, likewise, introduced House Bill HD 1450 with the same purpose.

The bills have been titled “An Act Decriminalizing Entheogenic Plants and Fungi.” Both lawmakers stand for the idea that these natural medicines should not be considered a criminal offense. However, Jehlen commented to GBH News that law enforcement rarely enforces the law against these substances. If the bills pass, those who use psychedelic substances for personal use will be legally protected from prosecution.

According to the bill:

“The possession, ingestion, obtaining, growing, giving away without financial gain to natural persons 18 years of age or older, and transportation of no more than two grams of psilocybin, psilocyn, dimethyltryptamine, ibogaine, and mescaline, excluding the weight of any material such as water, plant and fungi material of which the substance is a part or to which the substance is added, dissolved, held in solution, or suspended.”

Ultimately, adults in Massachusetts can freely consume, grow, and even gift these naturally occurring substances as long as there is no money transfer involved. 

Bay Staters for Natural Medicine, a Massechusetts-based grassroots organization that advocates for plant medicine, works towards decriminalization efforts throughout the state. They have successfully helped decriminalize psychedelics in several Massachusetts cities.

The group is now working alongside Sen. Jehlen and Rep. Sabadosa to decriminalize the substances throughout the entirety of Massachusetts. James Davis, one of the co-founders and lead organizers of the group, argues, “There’s no better way to promote intentional and mindful use than to decriminalize minor amounts for home growing and sharing without enabling commercial sale.” 

The recent proposals to loosen drug laws appear to be in line with what the people of Massachusetts want, as revealed by a Boston Globe poll showing that nearly 90% of voters favor a decriminalization policy. The bill seems likely to pass with the support of organizations, medical professionals, and state residents.

Decriminalization is key to unlocking the potential of psychedelic medicines

The proposed decriminalization bill would revise the state General Law’s Section 50, “Entheogenic Plants and Fungi.” 

Entheogenic substances tend to be associated with plant and fungi medicine, which can cause an alteration in consciousness to those who consume them for religious or spiritual needs. Though the amendment would not completely legalize the substances, decriminalization would prevent harsh punishments. In addition, people who practice entheogenic religions will remain protected under the Religious Freedom Act. 

The proposed bill would also allow access to plant medicines used outside of spiritual purposes. Studies have found that psychedelic substances like psilocybin “showed statistically significant benefits while also having fewer negative side effects than standard drugs” while tested in clinical trials (1). If psychedelics are no longer criminalized, it could create further openings for psilocybin-based health care, providing more effective therapies for mental health conditions.

Additionally, decriminalization efforts could help reduce the opioid crisis in America. Research has revealed that individuals with illicit opioid abuse have a lower risk of opioid misuse after being treated with psychedelic compounds, with a 27% reduction in dependence and a 40% reduction in the risk of past-year abuse (2). According to the study, “These findings suggest that psychedelics are associated with positive psychological characteristics and are consistent with prior reports suggesting efficacy in the treatment of substance use disorders.”

Crediting indigenous cultures for the resurgence of entheogens 

Although entheogens such as psilocybin have been gaining traction in the scientific world, they have been around for thousands of years and used by different cultures for religious, healing, and spiritual reasons. There are a variety of these psychoactive substances that exist naturally on the planet. Still, due to the criminalization and negative perceptions surrounding them, accessing and utilizing them has become increasingly challenging. Despite this, entheogens are seeing a resurgence in scientific interest. 

Much of our research is rooted in the traditional knowledge of these remedies. Despite that, most of the credit is typically attributed to Western medicine and scientists. Even though these substances are becoming more commonplace across the US, it is essential to recognize the indigenous people who have safeguarded their knowledge despite colonization and have kindly shared it with us. This knowledge has helped us advance our treatments and support those seeking new therapies.

The future of psychedelic reform

Although psychedelic substances are still illegal under federal law, the enactment of this proposed state law may bring the U.S. one step closer to legislative reform. This bill, which has received strong backing, could decriminalize naturally-occurring psychedelics, thus allowing more people to access them for religious, medicinal, or recreational purposes. During this upcoming legislative session, keep an eye out to observe the outcomes of Massachusetts and other states seeking decriminalization in 2023.

References

1. Ziff, Shawn, Benjamin Stern, Gregory Lewis, Maliha Majeed, and Vasavi Rakesh Gorantla. 2022a. “Analysis of Psilocybin-Assisted Therapy in Medicine: A Narrative Review.” Cureus 14 (2). https://doi.org/10.7759/cureus.21944.
2. Pisano, Vincent D, Nathaniel P Putnam, Hannah M Kramer, Kevin J Franciotti, John H Halpern, and Selma C Holden. 2017. “The Association of Psychedelic Use and Opioid Use Disorders among Illicit Users in the United States.” Journal of Psychopharmacology 31 (5): 606–13. https://doi.org/10.1177/0269881117691453.