In 1970, President Nixon signed the Control Substances Act. This act placed substances like LSD and psilocybin in the “Schedule One” category, reserved for drugs considered highly dangerous and addictive without any recognized medical use. In June 2023, under the Biden Administration, the FDA released draft guidelines for the safe study of the uses of psychedelics. Such uses include treatment of mental illnesses such as depression and PTSD, and more physical diseases such as cluster headaches and migraines. This represents a massive shift in thought about psychedelics, particularly psilocybin or “magic mushrooms.”
Oregon legalized the use of psilocybin in licensed “service centers” in 2023, the first state to do so. Many other municipalities have decriminalized possession of magic mushrooms, with California, Washington, and Colorado likely to follow Oregon’s footsteps of full legalization.
Psilocybin legalization will probably not look like cannabis legalization. While cannabis can be purchased at a licensed dispensary and taken home for personal use, Oregon only allows psilocybin use at “service centers” under the supervision of trained “facilitators.” Presumably other states will follow Oregon’s example when setting up their rules regarding psilocybin.
As such, licensing and permit requirements for psilocybin are much more complicated to navigate than cannabis licensing. For instance, working on a cannabis farm or as a budtender in a dispensary requires taking a test to obtain a handler’s license. The education for the test is entirely self-directed and the test and application can be done online, very much like a food handler’s card. In contrast, a psylocibin facilitator must go through extensive course from an approved educator. This is an example of the stricter standards placed on the psilocybin industry.
As psychedelics grow more and more acceptable and mainstream, the potential of the industry and its profits grows alongside it. This does mean, however, that magic mushroom entrepreneurs will have to contend with more licenses, permits, and paperwork.
We have dual perspectives when working because we have counseled both private and public entities for land use issues. To speak with us about PFAS litigation, permit requirements, applications and appeals, schedule a consultation with us at 503-837-3471 or through email. Make sure to follow us on Linkedin and message us there if you have any questions.