Colorado and Virginia Governors have approved bills that allow prescriptions of a synthetic version of psilocybin, as soon as federal authorities approve its use.
In both states, the legislatures have passed bills on these issues last month. In Colorado, Gov. Jared Polis, a Democrat from Colorado, signed HB25-1063 as law. Virginia Gov. Glenn Youngkin’s (R) vetoed SB1135. He called the proposal premature.
The legality of the psilocybin under state law would not be affected by either bill. The legislation creates an extra carveout that would exempt what is called crystalline monomorph psilocybin (CPP) from the definition as a psychedelic, if and only if the FDA approves it for prescription.
Rep. Anthony Hartsook, (R) the sponsor of Colorado’s bill, explained during the previous session that, while other states approve medications automatically once FDA approval is received, this does not happen in Colorado.
In January, he stated that “I’m doing this in advance so we won’t have any waiting.” Veterans and patients who had not responded well to previous treatments will also no longer have to await our return to get things moving.
The new Colorado law will allow healthcare providers to prescribe psilocybin synthetically as soon as the FDA approves it.
Compass Pathways is the company responsible for producing and patenting COMP360.
Youngkin, in Virginia, has recently vetoed numerous drug reform bills including a proposal for synthetic psilocybin. He said in a statement that the state must wait for FDA to take action before enacting any legislation.
I veto Senate Bill 135 that directs the Board of Pharmacy in promulgating regulations that allows for prescribing crystalline polymorph Psilocybin pharmaceutical compositions, possession, use, and dispensing. The FDA and DEA have not yet approved this legislation.
The governor added, “Anachronistic codification of drugs by states before federal approval is not allowed.” The DEA should reschedule psilocybin after it has been FDA approved.
Despite Youngkin’s claim about state codification of substances that have not received federal approval, medical marijuana—which remains federally prohibited—is legal and regulated in Virginia. There have been dispensaries operating legally in the state since 2020.
Cannabis for adults is legal, but sales are not allowed. Youngkin has vetoed two years in a row legislation to legalize and regulate the commercial marijuana market.
Colorado was the second state, following Oregon, to have legalized a program for psilocybin.
Colorado regulators are authorized since January to grant licenses for service centers that provide psilocybin in controlled environments. The governor signed a bill to create the regulatory framework for legal psychedelics in 2023.
Legislators in Colorado are interested, however, in setting up the state for a more traditional system of pharmaceutical distribution. Polis’s 2022 law to legalize MDMA in Colorado, if the federal government allows its use at all, was similar to the newly-signed synthetic psilocybin bill.
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The FDA has not yet decided whether to approve the substance. It was criticized last year when it denied a request to use MDMA in PTSD treatment.
Some advocates and stakeholders hope the tides will change under Trump’s administration. The president nominated Robert F. Kennedy Jr., who supports psychedelics, to be the secretary of U.S. Department of Health and Human Services, which oversees FDA.
A number of other states, such as Iowa, have introduced legislation in the past year which would permit prescriptions for crystalline polymorphic psilocybin, following approval by federal authorities. In Iowa, a separate Republican-led initiative would set up a state-regulated therapeutic psilocybin treatment program for adult PTSD sufferers.
Maine, Minnesota New Hampshire New Mexico and Missouri are also states considering reform around the psilocybin in this session.
A new study says that Psilocybin assisted therapy is effective in treating methamphetamine addiction.
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