Lewis & Clark Law Review
First Page
851
Abstract
Psychedelics are powerful psychoactive substances that alter consciousness and brain function. Like cannabis, psychedelics have long been considered prohibited Schedule I substances under the Controlled Substances Act of 1970. However, via the powerful psychological experiences they induce, psychedelics are now being shown to be viable therapeutic alternatives in treating depression, substance use disorders, and other mental illnesses, and even to enhance the wellbeing of healthy individuals.
In May 2019, Denver, Colorado became the first city in the country to decriminalize psilocybin (the active compound in “magic mushrooms”)—a potential major shift in the War on Drugs. Ballot initiatives for the decriminalization of psilocybin and similar substances are now reaching voters in other cities and states. What principles might justify this decriminalization—eliminating criminal penalties for, at a minimum, the use and possession—of psilocybin and other psychedelics?
This Article provides background on psychedelics and a historic overview of the laws surrounding them. It then considers several potential justifications for decriminalizing psychedelics: (1) medical value; (2) religious freedom; (3) cognitive liberty; and (4) identity politics. Lastly, the Article proposes that, given the neurological changes in the brain caused by use of psychedelics, psychedelic law reform can also be conceptualized as a matter of neurodiversity—a recent claim to equality holding that neurological variations should be recognized and respected along with other human differences. It is argued that situating psychedelic law reform under the neurodiversity paradigm, and thus as a matter of social justice, could lessen the stigma surrounding psychedelics and generate additional popular support for future decriminalization efforts.
Recommended Citation
Dustin Marlan,
Beyond Cannabis: Psychedelic Decriminalization and Social Justice,
23
Lewis & Clark L. Rev.
851
(2019).
Available at:
https://lawcommons.lclark.edu/lclr/vol23/iss3/4