We are in the middle of an exciting psychedelic renaissance but what does this legally mean for those looking to pioneer research and practical therapy for an increasingly engaged and interested public?
Decriminalisation doesn’t mean legal
Progressive countries like Spain, Portugal and Italy have effectively decriminalised psilocybin for personal use, as they have cannabis. But this doesn’t mean that the door is now open for commercial therapeutic activities in this space. Decriminalisation doesn’t mean legal. There is still a fine line to walk. So why isn’t there a move to make psilocybin legal when there is so much positive research in this field reported in the mainstream media? Simply because drug policy is set globally (at a United Nations level) and is highly politically charged. It is extremely challenging for a single government to opt out of a UN charter or reclassify a banned substance, so instead some choose to quietly decriminalise while still “observing” the legal framework. This then creates a discretionary framework in these countries such that psilocybin usage is rarely prosecuted (it is hard to find any evidence of prosecution in Spain for example) because psilocybin is non addictive, typically consumed in small doses with large intervals between doses, is considered the safest recreational drug in the world (2017 Global Drug Survey) and is commonly available (you can pick it in the countryside). Consequently there is no black market. However the illegality under law continues to make it hard for researchers to get research licences and funding for a Class A substance like psilocybin or for commercial therapeutic organisations to set up viable businesses. Contrast this with US states such as Oregon or California or countries like Canada which have introduced state level legislation (although psychedelics continue to be illegal at a federal level in the US) to provide safe and secure frameworks to support the rapid development of this important field.
Funding research into psilocybin mushrooms
Another blocker comes from big pharma which has little interest in funding research into what are effectively freely available natural compounds that will impact the profits they currently make from medicines such as SSRIs. So it’s left to independent research funded by philanthropy, small pharma, innovators and entrepreneurs to build out the infrastructure of this new promised land – MAPS first ever FDA approved MDMA trial in the US, The University of Zurich’s pioneering work and University College London’s ongoing research with psilocybin. The University of Barcelona has just been awarded the first psilocybin research licence in Spain and clearly others will follow. The tide is clearly turning as mainstream culture too jumps on the bandwagon and public interest grows. Michael Pollan’s excellent book and Netflix series ‘How to change your Mind’ are required reading for anyone interested in this space.
What is the UK law around ‘magic mushrooms’?
To see the current legal contradiction in action you only need to look at the UK which has some of the most draconian drug laws in Europe (emanating originally from the Criminal Justice Bill created to clamp down on the MDMA music counterculture of the 1990s) meaning that psilocybin, a mushroom, is considered a Class 1 scheduled drug sitting alongside heroin and cocaine. Yet at the same time, the world’s first Centre for Psychedelic research was launched in the UK in 2019 at Imperial College London and many of the world’s most groundbreaking studies into psilocybin are taking place there funded by the likes of entrepreneur Tim Ferriss (check out his excellent podcast for many psychedelic rooted interviews). These studies at Imperial College are exploring psilocybin as a treatment for anorexia, depression, PTSD, OCD, trauma and a variety of addictions. Many of these studies report life-changing effects after one single dose of psilocybin. Just consider the cost of this versus a lifetime of medicalised therapy. Yet this hugely promising work continues to be held back by drug laws that misrepresent the danger of psilocybin and governments slow to set up new regulatory frameworks.
Moving forward in a grey space
So for those in Europe looking to pioneer in this area and offer services to the many who are in need of it, it is still not a clear path. It is necessary to work in the grey area that exists between what is considered illegal and what is decriminalised, to move forward with belief in what you are doing and trust others to support that intention.
Disclaimer
The material in this blog is provided for informational purposes only and is not designed to prescribe, diagnose, or treat any physical or mental illness. None of the information presented here should be treated as medical or professional advice.
