Nevada Lawmakers Are Optimistic The State Could Legalize Psychedelics For Therapeutic Use This Year

Nevada lawmakers who spoke at a recent psychedelic policy summit say they’re optimistic that the state could make progress toward legalizing therapeutic use of the substances in the coming year.

Speaking on a panel last month, Assemblymember Max E. Carter II (D) said he sees an appetite for psychedelics reform among legislators across the political spectrum in the state, “from the crankiest, oldest conservative to the youngest, you know, fresh face walking in to the legislature.”

“We are uniquely positioned to make a difference. We’ve got a veteran in the governor’s mansion who’s at least willing to listen,” Carter said, referring to Gov. Joe Lombardo (R). “We’ve got a diverse coalition built up, and I see so many people that want to get involved. I’ve got so many of my colleagues in both houses that are interested in this now.”

Carter appeared with Sen. Rochelle T. Nguyen (D) on a panel hosted by the Nevada Coalition for Psychedelic Medicines. Both lawmakers were members of a state Psychedelic Medicines Working Group that in December issued a report calling on the legislature to create a program for regulated access to psychedelic-assisted therapy.

Though the task force also recommended reducing or eliminating criminal penalties for psychedelics more broadly, the two lawmakers said that for now they plan to pursue legalization for medical use only—an effort to gain more bipartisan support.

“That was the lesson we learned” from talking to lawmakers across the aisle, Carter said. “Start with medical reasons, then if the public decides they want to seek decriminalization, then we can go there.”

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While the psychedelics-related bills have not yet officially been introduced, Nguyen said proposals are expected to be filed in both chambers.

“There could potentially be more bills out there,” she said, “but I know that at least myself and Assemblymember Carter have bills that are going to start in both houses and kind of tackle a couple of different things.”

“The easiest and quickest route would be to have the federal government deschedule these or decriminalize them or both,” Nguyen explained. “I think there’s a lot of bipartisan support that we might be able to accomplish that.”

One option, she said, is to “have a letter that’s directed to the federal government that says, ‘Our entire state, the state of Nevada, wants you to address this, and we want you to address this now.”

In 2023, Nguyen sponsored legislation that would have legalized psilocybin and promoted further research into the drug, as well as encouraged studies of MDMA—but the was significantly scaled back in a Senate committee to examine the use of entheogens “in medicinal, therapeutic, and improved wellness” and develop a future plan for regulated access. It ultimately became the vehicle that created the state psychedelics working group.

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A lobbyist who works for the Nevada Coalition for Psychedelic Medicines, Annette Magnus, told the Las Vegas Review-Journal late last year that the organization is hoping to see lawmakers introduce two bills: one to reduce penalties for psilocybin possession and another to authorize a psychedelic-assisted pilot program. Both bills are “still very much in the brainstorming phase,” she said at the time.

One obstacle to reform in Nevada in the current session is cost, Nguyen said at the summit, noting that Lombardo earlier recently sent lawmakers a proposed budget with a $335 million structural deficit.

“Money is going to be tight, and it is going to be something that we need to keep an eye on,” she said. “I think that’s one of the realities that we should all be aware of.”

One thing that citizens can do, Nguyen added, is share their personal stories with lawmakers—an approach others on the panel echoed.

“I can walk into a legislator’s office and talk about policy,” said Diane Goldstein, a retired California police lieutenant who currently serves as executive director of the Law Enforcement Action Partnership (LEAP), “but it’s always more impactful when I have someone with a personal story of how their life was changed by psychedelic medicines or plant-based medicines.”

Carter, who’s been in office since 2022, said that “the average person doesn’t understand how important hearing from your constituents is to lawmakers, and how it really is heard.”

Carter also shared his own experiences with psychedelic therapy, noting that he underwent ketamine treatment to help manage depression, PTSD and generalized anxiety disorder after the unexpected death of his wife—who herself previously experienced PTSD after being shot during a robbery.

“It ripped my world apart,” he said of the experience, explaining that only after “about a month of very intensive ketamine sessions” did his psychiatrist feel he was able to return to the legislature.

As for the work of the task force, Carter said that while some people felt the formation of the body was intended to slow down reform, he feels it was a success.

“We showed the legislature what a working group is supposed to do,” he said, explaining that it “created the foundation for where we’re at now.”

“I really believe wholeheartedly that not only is this the right thing to do,” the assemblymember said, “but we’ve got the window of opportunity to bring this to Nevada and help the nationwide dialogue move forward.”

In response to a question from the audience about how Nevada could keep treatment affordable and accessible if the state legalizes psychedelic-assisted therapy, Nguyen again emphasized the importance of reform at the federal level.

“That’s why it’s still important to also advocate to our federal delegation—not just, like, these state initiatives that are taking the lead on some of these things, but we have to do that in combination,” she said. “An insurance company is not going to cover something that is federally illegal. I mean, that’s just the reality that we have.”

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Last year, a legislative panel heard testimony from an expert and members of the public on the therapeutic potential of substances like psilocybin. Law enforcement representatives also shared their concerns around legalization—but there was notable acknowledgement that some reforms should be enacted, including possible rescheduling.

In December, meanwhile, bipartisan lawmakers in Congress celebrated news that the U.S. Department of Veterans Affairs (VA) will be funding a study to explore the efficacy of MDMA-assisted therapy for veterans with post-traumatic stress disorder (PTSD) and alcohol use disorder (AUD).

Rachel Yehuda, director of mental health at VA’s James J. Peters Veterans Affairs Medical Center, recently touted an initial study the agency funded that produced “stunning and robust results” from its first-ever clinical trial into MDMA therapy.

This comes as the Food and Drug Administration (FDA) faces criticism from advocates and researchers after denying an application to approve MDMA-assisted therapy for PTSD based on separate research.

Just one day before FDA declined to approve a new drug application for MDMA-assisted therapy, Yehuda said she’s been asked how that decision might affect the department’s own work. She said the answer is: “Double down on the research. Keep generating the data and the cases. The nature of challenge is, well, that it is challenging. But I am optimistic.”

Bipartisan lawmakers separately staged an event at the U.S. Capitol calling for the MDMA approval by FDA, and they also launched an art installation memorializing military veterans who died by suicide.

Separately, advocates in support of expanding access to psychedelic-assisted therapy for America’s military veterans released an informational guidebook in October that backers say “responds to the demand for alternative treatment solutions and equips veterans with practical, clinically-backed strategies to safely explore these therapies.”

Before November’s election, Vice President JD Vance said he was “fascinated” by the therapeutic potential of psychedelics, asking podcaster Joe Rogan for advice on a creating a possible “pathway” for providing access to substances such as MDMA and psilocybin for military veterans with serious mental health conditions.

At the state level, meanwhile, a newly formed psychedelics task force in Maryland held its initial meetings in November, beginning work on what will eventually become a report to lawmakers on how to reform the state’s laws on substances such as psilocybin, DMT and mescaline. The task force legislation advanced about two years after a different law took effect creating a state fund to provide “cost-free” access to psychedelics like psilocybin, MDMA and ketamine for military veterans suffering from PTSD and traumatic brain injury.

In Georgia, a Senate study committee recently recommending that the state earmark as much as $5 million to fund research into how psychedelic substances such as MDMA and psilocybin might be used to treat PTSD.

As for marijuana in Nevada, the state Supreme Court ruled in August to allow the state Board of Pharmacy to continue classifying marijuana as a Schedule I drug under state law, despite the fact that cannabis is legal there for medical and recreational purposes.

State officials also recently adopted a rule a rule change that will protect athletes like boxers and MMA fighters from being penalized for using or possessing marijuana in compliance with state law.

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