When the legal market is too expensive and complex, the illicit market thrives.
Bags of psilocybin mushrooms, left, are seen displayed at a pop-up cannabis market in Los Angeles in May 2019. The decriminalization of psychedelics has become a mainstream policy issue. Following legal reforms in Colorado and Oregon, the California legislature is once again debating a bill that would establish a regulated market of psychedelic therapies.
If passed in its current form, the psychedelics bill would imitate many of the mistakes California lawmakers made when regulating the legalization of marijuana. The state’s high cannabis taxes and burdensome regulations helped make legal marijuana products very expensive. As a result, roughly two-thirds of cannabis demand continues to be fulfilled by illegal suppliers more than six years after the state legalized it.
As it stands, Senate Bill 1012 would likely create problems similar to those Oregon experienced following the creation of its regulated psychedelics market. In 2020, Oregon voters only approved legalized in-person, guided psilocybin services with professionals trained at state-certified schools. Sadly, the high costs of this approach have placed psychedelic therapy beyond the reach of many Oregonians who could benefit from it.
To reduce costs related to its legal licensing process, Colorado is exploring an apprentice-like system for students of psychedelic training schools so they can learn by legally working under the supervision of a more experienced facilitator. Proponents in Colorado have found that peer-based licensing, which is primarily experience-based and does not require other degrees, can help lower consumer costs without reducing safety.
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