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Massachusetts may be set to legalize plant-based psychedelic drugs if recently proposed legislation is voted into law. The measure—which would come into effect on December 15—would make Massachusetts the third state to legalize supervised use of psychedelics, following in the footsteps of Oregon and Colorado.
According to a summary written by the state attorney, the proposed law—known as Question 4—would allow persons aged 21 and over to grow, possess and use “certain natural psychedelic substances in certain circumstances.”
The “certain psychedelic substances” would be two compounds found in mushrooms—psilocybin and psilocin—and three compounds found in plants—dimethyltryptamine, mescaline, and ibogaine. Aside from their hallucinogenic properties, preliminary evidence suggests that these compounds may be helpful in treating substance use disorders, addiction, depression and anxiety.
Under the proposed law, these substances could be purchased at approved outlets under the supervision of a licensed facilitator. However, the law would otherwise prohibit the retail sale of these substances.
Those 21 and over would also be permitted to grow plants producing these substances in a 12-foot by 12-foot area in their homes. To oversee this regulation, a five-person Natural Psychedelic Substances Commission would be appointed, along with a 20-person Natural Psychedelic Substances Advisory Board to study these compounds and make recommendations to the commission.
So what are the arguments for and against this proposal?
In favor, Lieutenant Sarko Gergerian, a peace officer and mental-health counselor at Massachusetts for Mental Health Options, said the following:
“Vote YES on 4 to provide safe, regulated access to promising natural psychedelic medicines for treatment-resistant PTSD [post-traumatic stress disorder], anxiety, and depression. Psychedelics will be available in approved therapeutic settings under the supervision of trained and licensed facilitators, NOT sold in stores to take home.
“Research from leading medical institutions including Mass General Brigham, Dana Farber Cancer Institute, and Johns Hopkins shows that psychedelic medicines can be effective treatments for depression and anxiety.
“For many people who are suffering, daily medications and other standard treatments aren’t working (…) Natural psychedelic medicine can also offer patients with a terminal diagnosis relief from end-of-life anxiety and help them find peace.”
However, in opposition Dr. Anahita Dua, a surgeon at Massachusetts General Hospital and an associate professor of surgery at Harvard Medical School, said the following:
“A black market is inevitable with this amount of home growth. In recent years, driver’s license revocations for drugged driving rose 65 percent and fatal DUI crashes increased over 50 percent. With one in three frequent psychedelic users reporting driving under the influence of psychedelics in the past year, this will increase.”
Dua added that ibogaine has been demonstrated to have life-threatening toxic effects on our hearts: “Heart failure can occur days after one dose,” she said in a statement.
Lastly, in reference to approved distribution centers: “The centers aren’t required to be run by medical professionals, cannot provide critical care during adverse reactions, and aren’t prohibited from giving psychedelics to high-risk patients like those with schizophrenia, bipolar illness, and pregnant or breastfeeding women.”
Even if the proposal does pass on election day, there may be challenges with its adoption. For example, in Oregon, nearly 70 percent of counties opted out of implementation after state laws were introduced in 2022.
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