Regulation of psilocybin — the “magic” substance in psychedelic mushrooms — has been a hot-button issue for Californians in recent years, but repeated attempts by state lawmakers to allow medical use of the substance have floundered.
Now it seems change may come at the federal level.
The U.S. Department of Health and Human Services is weighing a petition sent earlier this month by the Drug Enforcement Administration to review the scientific evidence and consider easing restrictions.
Psilocybin is currently classified as a Schedule I narcotic, the most restrictive category under federal law, reserved for drugs “with a high potential for abuse” and “no currently accepted medical use.” The DEA is considering moving psilocybin into the less restrictive Schedule II tier, which includes drugs that are considered addictive or dangerous — including fentanyl and cocaine — but also have medical value.
Past efforts to allow for therapeutic use of psilocybin have largely stalled in the face of official intransigence and lack of political will, including in California, where state lawmakers’ efforts to decriminalize psilocybin and other psychedelic substances have failed multiple times.
Despite strict prohibition under both state and federal law, psilocybin is widely available and growing in popularity for both recreational and therapeutic purposes.
Illegal cannabis dispensaries across Southern California openly sell actual psilocybin mushrooms, as well as dodgy chocolates and gummies that often purport to contain the substance but instead contain only synthetic versions. In recent decades, a growing body of research has found that psilocybin can be beneficial in treating mental health conditions including depression, anxiety and substance use disorder.
The issue of psychedelic access is high on the agenda of Robert F. Kennedy Jr., Trump’s controversial and conspiracy-minded secretary of Health and Human Services. Kennedy has signaled support in the past for expanding access to some hallucinogens in medical settings for treatment of mental health disorders.
Kennedy’s agency directed all inquiries to the DEA, which said in an email that it is “unable to comment on or confirm scheduling actions.”
The DEA sent the psilocybin petition after a drawn-out legal battle led by Dr. Sunil Aggarwal. For about five years, Aggarwal, co-director of the Advanced Integrative Medical Science Institute in Seattle, has been seeking a means to legally obtain and administer psilocybin to ailing and aging patients for care during the final phases of their lives.
Kathryn L. Tucker, a lawyer for Aggarwal, wrote a letter to the DEA this month that said he “continues to provide care to patients with advanced and terminal cancer who could benefit greatly from psilocybin assisted therapy, enabling them to experience a more peaceful dying process.”
“The science supports movement to schedule II; such placement will enable access under Right to Try laws, which contemplate early access to promising new drugs for those with life-threatening conditions,” Tucker wrote.
Aggarwal filed a lawsuit after his 2020 petition to reschedule psilocybin was denied. A federal panel dismissed the suit, but the move toward rescheduling continues now that the DEA has officially forwarded his petition to the Department of Health and Human Services.
But some researchers and other experts caution against moving too fast to expand access.
Dr. Steven Locke, a former Harvard Medical School psychiatry professor, wrote in an email that the question of whether psilocybin has any medical applications “remains controversial.” A past president of the American Psychosomatic Society, Locke has studied rare conditions such as Hallucinogen Persisting Perception Disorder, which cause symptoms akin to long-lasting “bad trips” in a small percentage of people who use psilocybin mushrooms and other psychedelics.
“There is little evidence from good-quality studies to support claims for the efficacy of the use of psilocybin for the treatment of any medical disorders,” said Locke. “The reclassification should be contingent on a careful review.”
