Psilocybin is only legal in Oregon within a clinical setting. They cannot be sold.

Notes from: "Current Trends in Psychedelic Law and Regulation"
Mason Marks, MD, JD,12/13/22.

Federally
HIPAA does not apply.
Formulation of material is Not FDA approved.
Rescheduling is being considered. Petition to reschedule, but no chance w/o lawsuit.
More clinical trial data is available for psilocybin! (But no chance w/o FDA approval)
Breakthrough Therapies Act by Cory Booker and Rand Paul being developed.

Other
How to control dosing? Potency testing? Whole mushrooms vs powdered. Concentration can vary a lot in mushroom grows.
Intake forms? (Lithium use is contraindicated)

Discussion of Oregon Psilocybin Law
Modularized training of facilitator
Licensing of trained facilitator. No tiered qualification of facilitators
Measure 109 ‘forbids’ state from requiring a degree or diploma more HS! (M109)
Facilitator is required to call police if a threat of danger is perceived (problematic?).
Substitution of other substances?
Documents: Facilitator Guidelines, Client Bill of Rights, Assessments
Microdosing: Able to leave facility rather than staying for 6 hours
Microdosing is not clearly defined
Only actual mushrooms allowed; no synthetic psilocybin
Psilocybin can only be purchased by client at clinic; not at dispensary & used on site.
Washington copied Oregon’s law with improvements (also other states)
Allow home use if no clinics nearby
Colorado
Several other hallucinogens ‘decriminalized’ to allow them to be substituted.
Sharing of drugs in a religious ceremony context.
Concern of where limits are may fall into the hands of law enforcement/justice system.
Clinics referred to as “Healing Centers”. Umbrella term includes manufacturing/processing.
Healing Centers associated with organization: Church
Looser requirements for facilitators.
Dispensary MAY be able to provide psilocybin.
2-year implementation period to see what does & doesn’t work.
Groups have fought to be able to use psilocybin at home (clients with cluster headaches).
“Cluster-busters” working to shape the rule. Prop 122 ? Personal use?
Tiered facilitators qualification as opposed to Oregon framework.
Colorado’s approach is viewed as being on a collision course with the FDA.
New York
The Facilitator must be a licensed healthcare provider.
Connecticut
Proposals seek to work with Federal law. (Clinical Research framework)
Washington State FB5660?
Task force work group to develop policy and revise existing state law.