The burgeoning field of psychedelic medicine, which suffered a major setback last year when the Food and Drug Administration (FDA) rejected an application to approve the use of midomafetamine (MDMA) to treat post-traumatic stress disorder (PTSD), has experienced a rebound in recent months. The upswing started with the appointment of the new HHS Secretary, Robert F. Kennedy, Jr., who has repeatedly expressed openness to using psychedelic-assisted therapies as part of his Make America Healthy Again movement, while earlier this month a mid-stage clinical trial of a synthetic version of a naturally occurring psychedelic, known as mebufotenin, showed significant promise for bettering outcomes for patients suffering from treatment-resistant depression.
While MDMA, psilocybin (a/k/a magic mushrooms) and LSD continue to be classified as Schedule 1 by the U.S. Drug Enforcement Administration, meaning that they have no currently accepted medical use and a high potential for abuse, there continues to be a growing body of clinical literature showing how the use of these drugs, when combined with traditional interventions, can help patients battling PTSD, chronic depression and drug and alcohol addiction. While some states (notably, Oregon, Colorado and New Mexico) have, to varying degrees, enacted legislation decriminalizing the possession of psilocybin and/or authorizing psilocybin and other psychedelics for therapeutic use even though these drugs remain illegal under federal law, a survey of Connecticut and its neighboring states shows that despite the apparent widespread acceptance of ketamine (a Schedule III drug) and its hallucinogenic properties to treat mental health conditions, approvals for the clinical use of these other hallucinogens still appear a ways off. Nonetheless, as outlined below, proponents of psychedelic medicine continue to push the issue with some limited success in Connecticut but not in nearby states.
Connecticut
Public Act 21-26 required the Connecticut Department of Mental Health and Addiction Services (DMHAS) to convene a working group to study the health benefits of psilocybin. The working group submitted its report in February 2022. Legislation passed in 2022 required DMHAS to establish, within available appropriations, a psychedelic-assisted therapy pilot program, to be administered by a medical school in Connecticut to provide MDMA-assisted or psilocybin-assisted therapy to qualified patients as part of a research program approved by the FDA. (CGS §17a-484g). A bill introduced this year (SB 855) would have appropriated funding for this research, but this bill failed to advance through the legislative process.
Other bills legalizing psilocybin were introduced to the General Assembly for the 2025 legislative session, but did not move forward, including two proposals that would have decriminalized possession of psilocybin and a bill that would have allowed the use of psilocybin for medicinal and therapeutic purposes.
States Neighboring Connecticut
Most of the bills noted below have not advanced through the legislative process, but these proposals nevertheless reflect a developing trend that may shape future statutory efforts in this area.
- In Massachusetts, bills under consideration would: enable veterans to obtain treatment with drugs granted breakthrough therapy designation, which is one of the FDA’s expedited drug development pathways; regulate adult of use psilocybin-containing fungi for certain health conditions; remove criminal penalties for the possession of small amounts of psilocybin and psilocin (a derivative of psilocybin); and establish therapeutic pilot programs offering psilocybin treatment.
- A proposal in New Hampshire would have modified the penalties for a person 18 years of age or older who possessed or used psilocybin, but the bill did not advance.
- In the 2024-2025 legislative session, the New Jersey General Assembly and Senate have proposed identical legislation that would establish a framework for the regulated production and use of psilocybin in connection with behavioral health care and preventative behavioral health treatment.
- Measures introduced in New York during the current legislative session include proposals to: remove ibogaine, dimethyltryptamine (DMT), mescaline, psilocybin and psilocyn from the list of Schedule I controlled substances in the state and legalize the adult possession of these drugs; establish a psilocybin-assisted therapy grant program for veterans, first responders and others; and regulate adult use of psilocybin for the treatment of certain health conditions. However, while still pending, these bills are not likely to advance in 2025.
- In Rhode Island, a bill was introduced that would have legalized adult possession of small amounts of psilocybin, but it will not receive further action this year.
- Current legislative proposals in Vermont include bills that would: eliminate criminal penalties for possessing or dispensing a personal use drug supply, including psilocybin by adults 21 years of age and older; establish a Psilocybin Therapeutic Consultation Program to develop a model for the safe use of psilocybin-containing mushrooms; and continue a working group to, among other things, make recommendations regarding the advisability of permitting health care providers to administer psychedelics in a therapeutic setting.
So far, lawmakers in the Northeast and throughout the country, responding to pressure from various patient advocacy groups, continue to consider legislation aimed at decriminalizing psychedelic drugs and regulating their use as a treatment option for psychiatric and substance use disorders and some physical conditions. As health leaders in the Trump administration and the National Institute on Drug Abuse continue to support research into the therapeutic effects of these drugs, health care providers will be well served in continuing to monitor the evolving regulatory landscape of psychedelics as a potential treatment option for a variety of physical and mental health conditions.
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