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  • Samuel Perkins

Will Voters Make Magic Mushrooms in Massachusetts Legal?

Courtesy of Alan Rockefeller (Alan Rockefeller) at Mushroom Observer


Voters are set to decide if  Massachusetts will join a growing number of states decriminalizing  psychedelics in what could be a significant shift in drug policy. On Nov. 5, residents will vote on Question 4, which would legalize the use of psilocybin mushrooms — commonly known as magic mushrooms —and other natural psychedelics, such as dimethyltryptamine (DMT), ibogaine, mescaline and psilocin, for adults 21 and older. 


The initiative would also establish licensed "psychedelic therapy centers," regulated by a new five-member commission and allow for personal cultivation of mushrooms for non-commercial use in a 12-by-12 foot area. Any sales of psychedelics would also be taxed at 15% by the commonwealth and up to another optional 2% local sales tax.


 Proponents of the measure argue that decriminalizing psychedelics represents a key step in rolling back the decades-long War on Drugs. The global "War on Drugs," led by the U.S. federal government, involves drug prohibition, military aid and discriminatory mass incarceration aimed at reducing the illegal drug trade in the United States.  Advocates further point to a growing body of research suggesting psychedelics could serve as a breakthrough treatment for mental health conditions such as depression, addiction and post-traumatic stress disorder (PTSD). 


Boston has become a hub for such research, with Massachusetts General Hospital's Center for the Neuroscience of Psychedelics investigating potential therapeutic uses of these substances. A current study at Dana Farber Cancer Institute is also exploring the effects of psilocybin on cancer patients experiencing depression. 


Supporters of Question 4 believe Massachusetts residents should have access to these therapies in a regulated environment, much like other states that have moved forward with similar laws.


"Voting Yes on Question 4 will give veterans, patients with end-of-life distress, and people who are suffering access to this life-saving mental health tool," said Jennifer Manley, spokesperson for Massachusetts for Mental Health Options, one of the leading advocacy groups backing the initiative. Manley continues, "Psychedelic medicine can provide healing and hope where other mental health treatments have failed."


Massachusetts for Mental Health Options is largely funded by New Approach PAC, a Washington, D.C.-based organization that spearheaded legalization efforts in Oregon and Colorado, the only two states to have passed similar laws. 


The group has raised over $4 million in donations, supported by prominent figures like TOMS Shoes founder Blake Mycoskie and "Buffy the Vampire Slayer" actress Eliza Dushku. Advocates argue that the initiative is well-funded and well-researched, drawing from other states' successful efforts in creating safe, regulated access to psychedelic therapies.


However, opponents of Question 4 are raising alarms over potential unintended consequences, particularly concerning public safety and the possibility of a black market. The law would allow residents to cultivate psychedelic plants within a 144-square-foot area, provided the plants are secured from minors. Critics worry that such provisions could make it easier for drugs to be distributed illegally.


Chris Keohan, a spokesperson for the Coalition for Safe Communities, a group formed to oppose the measure, says, "This measure prioritizes for-profit corporate interests over public health and dangerously and unnecessarily decriminalizes psychedelics for recreational use and distribution statewide." Corporations are often the largest contributors to drug legalization efforts and have a history of trying to increase drug use to the detriment of public health, such as with tobacco and opioids.


Keohan and others also point to lessons learned from states like Colorado and Oregon, where psychedelics have been legalized but face challenges in terms of cost and access. Psychedelic therapy sessions can range anywhere from $800 to $2,500 and opponents argue that the law fails to address concerns about affordability for those who might benefit from the treatments. 


Additionally, critics express doubts about the proposed Natural Psychedelics Commission, which would oversee the new industry. The critics fear the commission could face regulatory hurdles similar to the Massachusetts Cannabis Control Commission, which has experienced internal turmoil, including high-level suspensions and delays in implementing regulations.


For Keohan, the measure’s proposed home-growing allowance is particularly concerning. "The 12-by-12 foot home growing area is definitely not safe," he said. "It’s just begging for a black market to emerge. An individual couldn’t possibly ingest that amount of psilocybin with that square footage, so it will absolutely lead to a black market."


Despite the pushback, the popularity of psychedelics has surged in recent years. According to the National Survey on Drug Use and Health, the number of Americans using hallucinogens such as psilocybin mushrooms, mescaline, and LSD increased nearly sixfold between 2013 and 2021, with 7.4 million people reportedly using these substances in the latter year. 


Several Massachusetts cities, including Somerville, Cambridge, and Northampton, have already passed local measures instructing law enforcement to stop arresting adults for growing or sharing psilocybin mushrooms.


Though psychedelic use is rising, users still operate in a legal gray area. Psilocybin was classified as a Schedule I drug under federal law in 1970, meaning it remains illegal to buy, possess, or distribute it. Even in cities that have decriminalized it locally, users report being hesitant to speak openly about their experiences due to fear of federal prosecution.


With both sides making strong cases for and against the measure, Massachusetts voters are left to decide whether decriminalizing psychedelics offers a new path forward for mental health treatment or introduces too many risks. Either outcome, however, makes Massachusetts one of the few states at the forefront of drug policy reform in the United States.


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