(This story first appeared on reMind, a psychedelics business platform.)
This November, voters could make Massachusetts the third state to legalize psychedelics and create a regulated-access model for treating mental health conditions.
Massachusetts Question 4, the Regulated Access to Psychedelic Substances Initiative, also would decriminalize psychedelics statewide for personal use.
If voters approve the initiative, five psychedelic substances – DMT, ibogaine, mescaline, psilocin and psilocybin – would be legalized for adults ages 21 and older by 2028, starting with one substance by 2026.
The measure leaves open which substance would be legalized first.
Oregon and Colorado legalized psychedelics through ballot measures in 2020 and 2022, respectively.
“The program proposed in Massachusetts is more like the program in Colorado,” said David Ullian, partner in the Boston office of Vicente LLP.
“There are two main components: One creates a regulated treatment center program where licensed facilitators can provide therapy sessions; the other involves limited decriminalization for personal use,” he added.
“No retail sales are permitted, so we will not see any dispensaries lawfully selling mushrooms or other psychedelic substances under this measure.”
Question 4 focuses on natural psychedelics, not synthetic ones:
- Psilocybin and psilocin from mushrooms.
- DMT and ibogaine from plants.
- Mescaline from certain cacti, although the measure specifically excludes peyote.
Decriminalize psychedelics
Massachusetts residents would be permitted to cultivate the permitted psychedelic substances in a 12-foot-by-12-foot area, provided access to the area is secured to prohibit anyone younger than 21 from entering.
As for decriminalized possession of these substances, the ballot measure specifies the maximum amounts allowed for personal use:
- 1 gram of DMT.
- 1 gram of psilocybin.
- 1 gram of psilocin.
- 18 grams of mescaline.
- 30 grams of ibogaine.
If approved, the measure would establish a five-member commission to regulate psychedelics in the state as well as a 20-member advisory board.
The state legislature would need to pass laws to create this commission and implement other provisions.
Treatment centers
Local officials could set restrictions governing the operation of licensed wellness centers, but they could not ban the facilities or psychedelic services outright.
MassHealth would be required to cover legal psychedelic treatments as part of behavioral health care, though insurance providers would not be obligated to cover the cost of the psychedelics themselves.
The act would take effect Dec. 15, 2024, with the commission expected to begin accepting license applications by Sept. 30, 2026.
Ullian, the Boston-based attorney, believes the measure is likely to pass.
“Massachusetts is one of the most progressive states in the country, and there is a lot of support for psychedelics policy reform – as evidenced by the growing number of municipalities that have adopted decriminalization policies, including large municipalities in the Greater Boston area like Cambridge and Somerville,” he said.
To view the schedule and buy tickets to the ReMind Psychedelics Business Forum, visit mjbizconference.com.
