What is the Psychedelics Ecosystem?
In broad strokes, legal psychedelics can be broken down into the following models: Right to Try, Decriminalization, Wellbeing, Medical, and Religious Use. Though Terrapin views the Right to Try and Decriminalization efforts as the most urgent matters, Terrapin also sees wisdom and urgency in mindfully implementing and protecting other models of responsible access.
01
Right to Try
Right to Try is a category of legal use allowing those with life-threatening diseases or conditions access to medicines that have been approved for safety but not for general use under state and federal Right to Try laws. This movement is being led by a number of brilliant minds including Dr. Sunil Aggarwal of the Advanced Integrative Medical Science Institute (AIMS), Kathryn Tucker, Matthew Zorn, James Williams, Andrew Kline, Thomas Tobin and Holly Martinez. In short, this group and others are suing the DEA for the DEA’s refusal to allow the terminally ill access to psilocybin. Way back in 2016, a randomized double-blind study on the effects of psilocybin on the terminally ill was published online in the fully peer reviewed Journal of Psychopharmacology. This study was performed by Roland Griffiths of John Hopkins School of Medicine and others. Their study showed psilocybin to be safe and effective in producing substantial and sustained decreases in depression and anxiety in patients with life threatening cancer.
02
Decriminalization
The Decriminalization model consists primarily of state and local efforts which aim to reduce or eliminate criminal penalties associated with the possession, cultivation, and/or transfer of psychedelic drugs. In May of 2019, Denver became the first city in the United States to decriminalize adult possession of psilocybin. Since 2019, many other cities and states have followed Denver’s lead. Similar to decriminalization is the legal concept of deprioritization. While decriminalization and deprioritization have significant overlap, deprioritization does not remove criminal penalties but instead directs law enforcement to make certain crimes the lowest law enforcement priority. Deprioritization is often used by counties and municipalities unable to nullify state law.
03
The Wellbeing Model
The Wellbeing Model, sometimes called Adult Use, is thus far the broadest category of legislation seen in the United States. Under this model, psychedelics are available to all above the age requirement. Oregon’s Psilocybin Services Act is an excellent example of legislation following the Wellbeing Model’s approach. Under this model, psychedelic therapy facilitators are not necessarily medical professionals, and no diagnosis or doctor’s recommendation can be required for one to partake in legal psychedelics.
04
Medical Use
In contrast to the safe access broadly afforded under the Wellbeing model, the Medical Use model is far more restrictive. Under the Medical Use model, patients require a diagnosis before they are afforded access to legal psychedelics. Similar to and somewhat related to this the Medical Use model are the Research Prescription Models. Under the Research model, psychedelics are only used in a research setting and only research institutions are allowed to cultivate and administer psychedelics to certain populations for research purposes. Under a Prescription Model psychedelics are available by prescription for use outside a designated facility. While Terrapin sees wisdom and value in these models, we are concerned about high costs under these models severely restricting access. Terrapin is also concerned that the implementation of these models, if not coupled with decriminalization, results in the unpalatable situation where access to safe and naturally occurring molecules is restricted to those with significant financial means while the rest of society faces potential criminal prosecution for similar behavior.
05
Religious Use
Finally, Religious Use involves the sacramental use of psychedelics as part of sincere religious exercise. Depending on a number of factors, this model is arguably protected by state and federal constitutions rather than by direct legislation or voter initiatives.