Massachusetts Governor Files Bill to Create Psychedelic Therapy Workgroup for Veterans as Activists Push For Legalization on Ballot

The Governor of Massachusetts has filed a bill that will create a working group on psychedelics to examine and make recommendations regarding the potential therapeutic benefits for veterans of substances such as psilocybin or MDMA.

After activists submitted what they believed to be sufficient signatures to force Massachusetts legislators to consider a measure to legalize psychedelics, Gov. Maura (D) Healey introduced a large-scale bill focused on veterans, which includes a section about psychedelic assisted therapy.

The Governor’s proposal would not immediately create a legal framework, but it requires the Executive Office of Veterans’ Services to convene a group to study alternative therapies for mental healthcare treatments for veterans and explore “whether psychedelic treatment is associated with better outcomes among veterans diagnosed with mental disorders.”

This bill follows three main themes: an expansion of benefits, commitment to inclusion, and modernization.

Read more here: https://t.co/Gf6AF71pbo pic.twitter.com/eVO844AgPO

— MA Executive Office of Veterans Services 10 November 2023

The panel will be asked to evaluate literature, research trials and experts’ opinions in order to determine whether psychedelic treatment is associated with better outcomes for mental health treatments of veterans. It will also have to make recommendations “concerning the provision psychedelic therapies to veterans with mental disorders in Massachusetts.”

The law limits the scope of psychedelics to be studied only to psilocybin MDMA, and ketamine.

The secretary of EOVS will need to appoint two members to represent medical centers that provide services to veterans, two representatives from health insurance companies, and two representatives from veterans service organizations. One member would be a representative of an organization currently studying psychedelic therapy, as well as any other members deemed necessary to complete the research.

The working group must submit a report containing findings and recommendations to the clerks of both the House and Senate, as well as two joint legislative committees by January 1, 2025.

Healey stated that “Our veterans have made so many sacrifices for our country. This transformative legislation is an important step towards ensuring Massachusetts supports them as a result,” in a release. From day one, the Healey-Driscoll administration was committed to revitalizing Massachusetts’ veterans services and providing every veteran with the resources, benefits and support they deserve.

The governor said that the alternative therapies group was one of the key provisions in the bill. He added that , “we must do everything we can in Massachusetts to ensure that veterans are able to heal and thrive here in Massachusetts.”

This proposal is part of a larger package, the Honoring, Empowering and Recognition Our Servicemembers and Veterans Act (HERO), which was announced last week. It’s a proposal that comes as activists push the legislature to go even further and legalize psychedelics in general for adults.

Massachusetts for Mental Health Options’ measure would allow licensed facilities to provide psychedelics with a regulated and supervised environment.

The initiative is backed up by the New Approach PAC. It would legalize possession, gifting, and cultivation of psychedelics like ayahuasca and psilocybin, but would not allow for retail commercial sales.

Activists claim they have internally verified over 75,000 signatures submitted to the state in order to convince the legislature to take the reform into consideration. If this is confirmed, and lawmakers do not act by May 1st, the campaign can collect another 12,429 signatures in order to bring the issue to voters next November.

It is yet to be seen if the Governor’s proposal will influence the discussions in the legislature regarding psychedelics Reform, possibly influencing some lawmakers to wait until the administrative recommendations are made before moving forward with legalization.

Local activists from Bay Staters for Natural Medicine, which had previously endorsed New Approach PAC’s initiative but now criticizes the proposed regulatory model. They thanked the Governor for including psychedelics in her veterans legislation.

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A post shared by Bay Staters for Natural Medicine.

BSNM argued the campaign’s proposal as drafted could lead to prohibitively high prices for psychedelic services. This has been a major criticism of the voter approved psilocybin laws that are being implemented in Oregon.

The key details about the Natural Psychedelic Substances Act of Massachusetts:

Adults aged 21 and over can legally possess, grow and distribute certain amounts of psychedelics.
These psychedelics are covered by the limits of possession: DMT (1 gram), mescaline non-peyote (18 grams), Ibogaine (30 grams), Psilocybin (1 gram), and psilocin (1 gram). These weight limits exclude any materials that contain active substances or are part of them.
Possession of amounts up to the double limit will be punished by a civil fine of $100. Amounts above this amount are still criminalized.
The Natural Psychedelic Substances Commission will be established to supervise the implementation of this law, and the licensing of service providers and facilitators.
By April 1, 2026, the body, which will be modeled after the existing Cannabis Control Commission in California, must adopt rules to regulate access to at least one psychedelic. The rest of the substances will need to have regulations in place by April 1, 2028. The application process would need to begin by September 30th 2026.
The Natural Psychedelic Substances Advisory Board will “study and recommend” to the Commission about public health, regulation, training of facilitators, affordable access and equity, traditional use of psychedelics, and future rules including possible additions of legal substances.
The tax on psychedelics bought at licensed centers would be 15 percent. Localities could also impose an additional 2 percent tax, if they allow the centers to operate within their jurisdiction. The revenue would be used to finance the regulation of the program.
No provisions are made for expunging previous convictions for actions that would become legal.
Local governments can regulate the hours, locations and types of service centers in their jurisdiction, but cannot ban them outright.
Adults can propagate psychedelics within a 12×12 foot space.
Civil legal protections would apply to licensure of professionals, child custody, and public benefits if psychedelic activities were legalized.
The law will come into effect on December 15, 2024. Commission and advisory board must be established by March 1, 2020.

BSNM, which has worked to implement local policies that prioritize enforcement of laws against psychedelics, in Salem and Somerville as well as Cambridge, Easthampton Northampton, Amherst, is also supporting psychedelics bills introduced by bipartisan legislators this year.

A Republican legislator for example filed three reform bills in April . These included proposals to legalize substances such as psilocybin, and reschedule MDMA while waiting for federal approval, all the while setting a cap on price.

Rep. Mike Connolly, (D), also filed in 2021 a bill that was heard by the Joint Judiciary Committee about examining the implications of legalizing substances such as psilocybin or ayahuasca.