Psychedelic Law Reform in New York State

Description: Psychedelic substances are proceeding quickly through FDA-regulated clinicals trials as Investigational New Drugs. At the same time, there is a popular movement to legalize access to psychedelics under state law, whether by decriminalizing non-commercial cultivation, sharing, and personal use, or by licensing the supply chain of psychedelics from manufacture through supervised administration to end-users. This simultaneous movement on two tracks presents the potential for direct conflict between federal and state law. Legislation focused on changing psychedelic law has been introduced in New York since 2020, building on New York’s initial form of cannabis decriminalization, its medical cannabis law, and psychedelic law reform statutes in other states. 

How would a clinic system for psychedelic access licensed by New York State co-exist with a revised criminal law that permits personal cultivation and uncompensated sharing of naturally occurring psychedelics?

To what extent can and should the federal government consider evaluations of risk and efficacy of FDA-regulated products by state governments? 

To what extent is federal regulatory action against state psychedelic access systems likely under the next administration?

Program Chairs:

Noah Potter (Program Chair)
Margaret J. Davino, Fox Rothschild LLP (2014-15 Health Law Section Chair and Program Chair)

Karen Gallinari, Pace University's Elisabeth Haub School of Law (2020-21 Health Law Section Chair and Program Chair)

Program Faculty: 

Patrick Burke, New York State Assemblyman, Sponsor of A.3581A and A.8349A 

Yarelix Estrada, MPH, Organizer, Alliance for Collaborative Drug Checking

Nathalia Fernandez, New York State Senator, Sponsor of S.3520-A and S.7832-A 

Allison Hoots, Principal, Hoots Law Practice PLLC

Beth E. Roxland, J.D., M. Bioethics, Principal, The Roxland Law Firm

Brett Waters, Executive Director, Reason for Hope