Several states across the U.S. are forging ahead with their respective psilocybin reform programs, largely embracing policy changes around possession and cultivation while working to implement therapeutic practices involving the “magic mushroom” compound. 

And kicking off the new year, more states are looking to join those ranks. Most recently, Rhode Island Rep. Brandon Potter (D) introduced his proposal — described in his own words as a decriminalization model — with a number of details standing apart from reform measures that have already been enacted.

Rhode Island’s Newest Bid for Psilocybin Reform

The bill, H 7047, would remove penalties around possession, home cultivation and sharing of one ounce or less of psilocybin. The bill specifically notes exemptions for psilocybin, so long as it is “in possession of one person or shared by one person to another” and that psilocybin “has been secretly cultivated within a person’s residence for personal use.” The bill would not work to establish a psilocybin retail system, though that could shift along with broader policy.

The bill also leaves room for potential evolution in federal law, namely if psilocybin ends up being rescheduled on the Drug Enforcement Agency’s (DEA) Controlled Substances Act (CSA). The compound is currently classified as a Schedule I controlled substance.

The measure suggests that the Food and Drug Administration (FDA), referred to incorrectly in some of the bill’s language as the “Federal Drug Administration,” would be the authority responsible for rescheduling psilocybin, though this is typically a job of the DEA. The FDA, however, has the ability to approve specific pharmaceutical drugs.

The bill notes that provisions could shift, should federal access to psilocybin expand to include “patients with a serious or life-threatening mental or behavioral health disorder, who are without access to effective mental or behavioral health medication.” In that case, the bill references that psilocybin could be available in the state in locations approved by the Rhode Island Department of Health.

Another notable distinction is the temporary nature of the bill, which would take effect on July 1, 2024 and sunset on July 1, 2026.

Prior to this date, the attorney general would need to provide a report to the speaker of the house and the president of the Senate, providing data on the number of violations issued for psilocybin possession, cultivation and distribution. The director of the Department of Health would also be required to provide a report to the same parties surrounding the scheduling of psilocybin and “permitted use for the treatment of mental or behavioral health disorders.”

While the bill has a number of specific differences from many that have already been enacted, this is by design according to Potter. In an interview with Marijuana Moment, he said that the bill is meant to provide more flexible accessibility for those who may benefit from the effects of psilocybin.

Increasing Access to Psychedelic Medicine

Potter said that legalizing noncommercial growing and sharing of psilocybin would allow for greater access of those in need, adding, “the last thing I wanted to do was create a legalization model that would make it highly regulated and restrict access to people who actually need it.”

While other states have similarly prohibited penalties surrounding possession and cultivation of psilocybin mushrooms, therapeutic access — or working specifically with mental health professionals through guided psilocybin counseling — largely presents an accessibility issue for many citizens.

In Oregon for example, there were an estimated 3,000 people on a waitlist for the state’s first legal and operating psilocybin center as of September 2023. These experiences can also exceed more than $2,000, as reported by AP News, and while patients don’t need a prescription or referral, their insurance will not cover those expenses.

Potter referenced that the price of psilocybin services can be even higher, reaching up to $10,000. He also nodded to the shortage of behavioral healthcare providers in Rhode Island who are already “so squeezed by the private insurance system” that they only take patients paying out of pocket, adding that he does not want to “exacerbate that issue.”

Potter also noted that he does not want the initiative to be driven by money, specifying that the bill is about creating additional options for those in need, “not creating a new industry for the state at the expense of people’s care.”

According to the representative, decriminalization is the primary aim, though he also wanted to eventually allow doctors in the state to recommend psilocybin to patients.

A similar bill, H 5923, was passed in the Rhode Island House of Representatives last year, though it did not progress to the Senate. Potter said he’s hopeful this measure will make it to the Senate, receive a hearing and that the committee will “understand that there’s a number of people in Rhode Island that have already benefited from this as a treatment, and in doing so they’ve broken the law.”

Local news outlet WPRI reported last week that the state’s Office of Cannabis Regulation says that recreational marijuana sales “have steadily increased almost monthly over the past year, and the estimated sales for Fiscal Year 2024 is $76 million.”

“That sales estimate, if met, would translate into more than $15 million in state and local revenue: $7.6 million from the state’s 10% cannabis tax, $5.3 million from the 7% sales tax and $2.3 million from the 3% local tax,” the station reported, noting that the Office of Cannabis Regulation “estimates that, in October alone, more than $7 million worth of recreational cannabis products were sold statewide.”

Rhode Island lawmakers last year passed a bill that legalized recreational cannabis for adults aged 21 and older, making it the 19th state in the U.S. to do so.

The bill, which legalized possession of up to one ounce of cannabis for adults and also permitted possession by adults of up to 10 ounces is permitted in a private home, was approved by members of the state General Assembly in May of 2022. The measure also established the framework for legal, regulated recreational cannabis sales in Rhode Island.

“This is a truly momentous day for Rhode Island. I’m deeply grateful to Senator Miller for his years of hard work and leadership on this issue, and I’m incredibly proud to have been part of reaching this point,”  Rhode Island state Senate Majority Leader Michael McCaffrey, a Democrat, said after the legislation passed. “Ending cannabis prohibition helps us right past wrongs while creating new opportunities for all Rhode Islanders. This is the right move, at the right time, for our state.”

The bill was signed into law by Rhode Island Gov. Dan McKee, a Democrat, who later announced that legal cannabis sales would launch on December 1, 2022.

“This milestone is the result of a carefully executed process to ensure that our state’s entry into this emerging market was done in a safe, controlled and equitable manner,” McKee said last year after the sales date was announced. “It is also a win for our statewide economy and our strong, locally based cannabis supply chain, which consists of nearly 70 licensed cultivators, processors and manufacturers in addition to our licensed compassion centers. Finally, I thank the leadership of the General Assembly for passing this practical implementation framework in the Rhode Island Cannabis Act and I look forward to continuing our work together on this issue.”

The Rhodes Island Cannabis Act included “a call for applications for ‘hybrid retail licenses,’” according to the governor’s office. Those hybrid licenses “allow licensed compassion centers to sell both medical marijuana as well as safe, well-regulated and competitively priced marijuana products to Rhode Island adults over the age of 21, was issued in early October,” McKee’s office said last year.

Five cannabis dispensaries (described as “compassion centers” by the state) received approval from the state to open for business on December 1, 2022. There are currently seven licensed dispensaries in Rhode Island, although the state has allowed for 33 retail licenses to ultimately be awarded.

Matt Santacroce, interim deputy director of the Rhode Island Department of Business Regulation, said at the time that the state was “pleased with the quality and comprehensiveness of the applications we received from the state’s compassion centers, and we are proud to launch adult use sales in Rhode Island just six months after the Cannabis Act was signed into law, marking the Northeast’s fastest implementation period.” 

According to the Providence Journal, “$62.9 million worth of recreational retail marijuana has sold in Rhode Island since retail sales began last December,” although that figure “does not include sales for November, nor does it include medical marijuana sales, which are counted separately.”

Including medical marijuana sales, “total retail marijuana sales in Rhode Island top $95 million,” according to the Journal.

But as in other states that have taken the step to legalize adult-use cannabis, the change in law has also resulted in a dip in medical marijuana sales.

Erica Ferrelli, chief of strategic planning, monitoring and evaluation for the state cannabis office, told the Providence Journal that there has been a “drastic” decline in medical marijuana patients over the last year.

“Last December, 15,062 active patients bought marijuana from Rhode Island dispensaries. By October that number had fallen to 10,377,” the Journal reported.

Ferrelli told the newspaper that many patients “just find it easier to transition to the adult-use market” and pay a higher tax in order to avoid “the burden of finding a doctor, getting them to sign you into the program, which is still pretty difficult, pay for an appointment and get yourself there, which for some patients might be quite the hassle.”

skip to Main Content

skip to Main Content

skip to Main Content

If the federal government signs off on psilocybin, a pair of Rhode Island lawmakers want the state to be ready to benefit.

The bill under consideration would “decriminalize the use of so-called ‘magic mushrooms’ statewide,” according to local news station WPRI, although that would “[hinge] upon whether the Federal Drug Administration (FDA) approves psilocybin as a treatment for chronic mental health disorders.”

“Veterans and many others in our community are struggling with chronic [Post Traumatic Stress Disorder], depression and other mental health disorders that can be totally debilitating,” said Democratic state House Rep. Brandon Potter, as quoted by WPRI. “We should give them the freedom to try every tool available and not criminalize a natural, effective remedy.”

Potter is sponsoring the measure along with state Sen. Meghan Kallman, also a Democrat. It’s familiar territory for Potter.

Last year, Potter proposed a bill that would have also decriminalized psilocybin, although there was no provision in that legislation on FDA approval.

According to WPRI, this year’s proposal “would require the Rhode Island Department of Health to regulate the use of psilocybin as a treatment should it be approved by the FDA.”

“Psilocybin is not addictive,” Kallman said, as quoted by WPRI. “It’s naturally occurring and people have been using it recreationally and medicinally for thousands of years.”

“It is only illegal because, over 50 years ago, President Nixon associated it with his political opponents,” she added. “It’s time to undo that mistake and give our neighbors struggling with chronic mental illness, and all Rhode Islanders, the freedom to use psilocybin responsibly.”

Mushrooms and other psychedelics are fast emerging as the next front for legalization advocates, as the science and medical community continues to uncover more encouraging findings about their ability to treat disorders.

The state of Oregon legalized psilocybin for therapy in 2020 after voters there approved a ballot measure. Two years later, voters in Colorado did the same.

The changes in laws have coincided with a shift in attitudes about the drugs.

A poll in 2020 from the research firm Green Horizons found that 38% of American adults believed that psilocybin mushrooms should be legal in at least certain circumstances.

“When it comes to psychedelics, there are many parallels with the movement to legalize cannabis. In both cases, education is paramount,” Adriana Waterston, Green Horizon’s SVP of Insights and Strategy, said at the time. “Psychedelics, like cannabis, have been tied to a negative, highly stigmatized image for many years. Science, however, is showing us that psychedelics demonstrate tremendous promise for certain chronic psychological illnesses, even those that have been treatment-resistant. As we continue to study psychedelics and evidence for their benefits mounts, we can expect support for legalization to follow.”

The poll found that 25% of Americans believed that psilocybin mushrooms should be legal under limited circumstances –– perhaps as a medical or religious practice –– while 13% think they should be legalized outright.

As WPRI noted, “Current federal law classifies psilocybin as a Schedule 1 drug alongside fentanyl and cocaine, both of which are highly addictive,” while state law in Rhode Island puts the hallucinogen in the same category as heroin, cocaine and methamphetamine.”

Lawmakers in Rhode Island introduced a bill allowing pets to use medical cannabis if and when it is certified by a licensed veterinarian. House Bill 5504, or the Edward O. Hawkins And Thomas C. Slater Medical Marijuana Act, was introduced Feb. 10 in the Rhode Island House, then referred to the House Health & Human Services Committee.

NBC 10 News in Rhode Island reports that this marks the second time the bill was introduced. The Rhode Island Veterinary Medical Association (RIVMA) didn’t support the bill in 2021, and most veterinarians say cannabis hasn’t been proven to be safe. Reps Patricia Serpa and Charlene Lima sponsor the bill along with Reps Julie Casimiro and Deborah Fellela.

“We need to get this dialogue going to see if it will be beneficial,” said Lima. “It might not be, studies have shown THC can be very deadly for animals.” With factors such as a smaller body, and considering that pets break down THC in different ways, it’s rarely a good idea.

The lawmaker acknowledged that lots more research is needed to better understand how cannabis affects pets. “You know how quickly science changes,” she said. “There’s a lot more studies out there now than there was last year when it was first introduced.” 

But some veterinarians think the bill would unleash a Pandora’s box of problems, given the lack of solid evidence to suggest cannabis is safe for pets.

“If it does get passed it’s going to be a really big problem for pets in Rhode Island,” said Dr. Shelly Pancoast, emergency vet and president of the Rhode Island Veterinary Medical Association.

Pancoast reminded the media how THC is considered toxic for pets when ingested and has significantly different effects.

“They get pretty severe neurological signs and can sometimes look like they’re dead or in a coma,” explained Pancoast.

Dr. Ralph Pratt, on the board of directors for RIVMA, compared cannabis to acetaminophen (in 2021), which is completely safe for humans but dangerous to pets.  

For years, people have been treating their pets with medical cannabis—primarily CBD—products with anecdotal reports of success for treating everything from seizures to stress. The science is beginning to mount.

CBD but not THC for Pets in Most Cases

The general consensus appears to be that pet owners should never give their pets THC, with potential bad outcomes, but that CBD is likely less harmful. 

Allowing medical cannabis for pets is a relatively new concept. Only a tiny handful of states offer any sort of protection.

Only California currently gives veterinarians a Get Out of Jail Free pass, explicitly allowing them to discuss medical cannabis without fear of repercussion. Assembly Bill 2215, which was passed and signed into law in late 2018, paved the way for Senate Bill 627, by allowing veterinarians to discuss medical cannabis treatments with pet owners. It prevents the state Veterinary Medical Board from taking special enforcement actions against vets who recommend cannabis products, such as CBD oil.

What is considered cruelty when it comes to pets and cannabis? Most organizations, such as the Anti-Cruelty Society, seem to give CBD a pass but note that THC breaks down in a very different way in animals and can be dangerous. “CBD found in cannabis pet supplements is usually sourced from hemp, a variety of cannabis that naturally contains extremely low concentrations of THC, which is the main psychoactive compound found in marijuana. As a result, CBD is non psychoactive and appears safe to be used on pets,” the organization wrote.

More states will likely follow the path of California and Rhode Island with protections for veterinarians. 

S-125 was introduced in Rhode Island on Feb. 1 by six senators: Sen. Walter Felag, Sen. Leonidas Raptakis, Sen. Frank Ciccone, Sen. Lou DiPalma, Sen. Susan Sosnowski, and Sen. Dawn Euer (Chair of the Senate Judiciary Committee). If passed, the bill would make it illegal to have cannabis present in gatherings, which is defined in the bill as “where a group of three or more people have assembled or are assembling for a social occasion or social activity at a resident or premises.” For the first offense, offenders will be charged $500, followed by $750 for the second offense, and subsequent offenses set at $1,000.

Lovewell Farms, the state’s only USDA organic hemp farm, posted about the bill and its effect on residents on Feb. 11. “Red Alert! Check out this new cannabis bill introduced into @RISenate by Senators Felag, Raptakis, Tikoian, Ciccone, DiPalma, & Sosnoswki! It creates a monetary fine for hosting 3 or more people on private property to smoke “m*rijuana,” Lovewell Farms wrote.

The bill in its current form, would limit more than cannabis. It also includes other “Hallucinogenic Substances” such as ibogaine, peyote, and psilocybin.

Lovewell Farms also pointed out that Rhode Island’s adult-use cannabis sales began last year on Dec. 1, 2022, but a bill such as S-125 directly clashes with the current law. “Now, this is all very strange considering the State regulated adult use of cannabis last year,” Lovewell Farms continued. “In fact, in that bill it specifically prevents adults from being penalized for possession or consumption of cannabis—but that’s exactly what this new bill does!”

According to the 2022 Rhode Island Cannabis Act, the law protects residents who use cannabis for personal use. “Notwithstanding any other general or special law to the contrary, except as otherwise provided in this chapter, a person twenty-one (21) years of age or older shall not be arrested, prosecuted, penalized, sanctioned or disqualified under the laws of the state in any manner, or denied any right or privilege and shall not be subject to seizure or forfeiture of assets…”

Citing an ACLU Rhode Island report from 2014, Lovewell Farms addresses how a bill like this would negatively affect people who have already been targeted unjustly due to the War on Drugs. “Also keep in mind that Black people in Rhode Island are 8x more likely to be arrested (or fined) than non-Black people—that’s more than Ferguson, MO! What would implementation of this law look like? Probably disproportionate fines for people of color.”

Lovewell Farms calls for advocate action against the bill, providing data and contact information for the bill sponsors. “So PLEASE! Make a call to these Rhode Island State Senators listed below and let them know that this bill is terrible! We need to stop spending state & municipal funding chasing cannabis consumers. This is a waste of money—we have already decided adults are responsible enough!”

Rhode Island Gov. Dan McKee signed the state’s cannabis act into law in May 2022.

During the first week of adult-use sales in December 2022, Rhode Island collected $1.6 million in total revenue between recreational ($786,000) and medical ($845,400) sales.

In the recently released Americans for Safe Access 2022 State of the States report card, Rhode Island received a B- for the implementation of its medical cannabis program. “This year, Rhode Island doubled the number of dispensaries in the state,” the ASA wrote. “While this is a big boost to patients, Rhode Island policymakers should also be aware that more than 6 dispensary locations are necessary to serve medical cannabis patients in the state.”

Rhode Island is one of only two other states, Connecticut and Maryland, which received the same score (also the highest score provided to any states in the U.S. this year). Most other states earned C, D, and F scores.