Virginia Takes Trip down the Psychedelic Highway: Lawmakers Propose Legalizing Medicinal Psilocybin

Virginia legislators are pushing for the legalization of psilocybin, the psychoactive compound found in magic mushrooms, for medical purposes. The legislation, proposed by Del. Dawn Adams (D-Richmond) and Sen. Ghazala Hashmi (D-Chesterfield), would also reduce possession of the drug from a felony to a misdemeanor.

Last year, Adams and Hashmi filed similar measures to decriminalize the possession of psilocybin and other psychoactive substances, but the bills did not move forward. However, Republican lawmakers signaled support for the legislation, and lawmakers have decided to take the proposals up again during the 2023 Virginia General Assembly session, which began on Wednesday.

Under the proposed bill, people in Virginia would be able to possess psilocybin with a valid prescription or a medical practitioner’s order “for treatment of refractory depression or post-traumatic stress disorder or to ameliorate end-of-life anxiety.”

The current law states that possession of psilocybin in Virginia is punishable by up to 10 years in prison and a possible $2,500 fine. If the bill passes, people caught with psilocybin without a prescription would face a Class 2 misdemeanor, with a maximum penalty of 30 days in jail and a $500 fine. Subsequent offenses would be considered a Class 1 misdemeanor, which could result in up to a year in jail and a $2,500 fine.

Psilocybin is currently classified as a Schedule 1 drug under the federal Controlled Substances Act, meaning the federal government considers it to have no medicinal value and to be highly addictive. However, Adams argues that studies have shown that the substance can be helpful in treating depression and mental health issues and is not addictive.

Adams’s legislation also includes safeguards to protect medical practitioners and pharmacists from prosecution for “dispensing or distributing psilocybin for medical purposes.” Hashmi’s bill would establish a Virginia Psilocybin Advisory Board, a 12-member panel appointed by the governor, to develop a long-term strategic plan for establishing therapeutic access to psilocybin services and to monitor and study federal laws, regulations, and policies regarding the substance. Additionally, Hashmi’s bill would reclassify psilocybin from a Schedule 1 to a Schedule III substance.

As regulation of psychedelics shifts across the states, it appears that Virginia is joining the movement towards greater acceptance of the therapeutic use of psilocybin. With more states legalizing marijuana and other substances with medicinal value, it is likely that the Western world will continue to catch up with the traditional use of psilocybin in various cultures for healing purposes.