VETERANS
The Politically Feasible Path to Federal Legalization of Psychedelics
A Potentially Unexpected Constituency for a Medical Revolution
The political constituency most likely to be responsible for the potential of federal legalization of psychedelics are — perhaps unexpectedly — US veterans. Unlike the simplified version of the cultural clashes of the 1960s pitting strait-laced, military types against free love, psychedelically open spirits, the political backdrop of psychedelic policy in 2023 firmly features veterans as agents for legalization. Compared to other populations, veterans suffer from higher rates of disorders such as PTSD, depression, and addiction, all of which lead to higher suicides among former service members. Multiple clinical trials have shown promising results in using psychedelics to treat these disorders, which has fostered a greater acceptance of psychedelics as medicinal among veterans and some of their politically powerful supporters.
A political constituency is only as powerful as those elected to represent them. Though most constituencies find a home in either the Republican Party or the Democratic Party, US veterans are an interesting force in contemporary politics. Veterans find support uniformly across the federal political spectrum. More so than any other group of people in the United States, members of Congress talk the most often about, and in the most consistently positive way about veterans. Both Democrats and Republicans like to tout their efforts on the behalf of veterans as there is no real, active anti-veteran lobby in American politics today. And — importantly for the political debates about legalization at the federal level — veterans’ groups are increasingly lobbying for access to psychedelic treatments and legislators from both sides of the aisle are taking note.
Federal — and indeed all — drug policies are simply instruments of legislative and executive decision making. The Biden-Harris Administration has publicly encouraged the exploration of psychedelic treatment to reduce addiction and addiction related fatalities ravaging the US. But it’s up to Congress to lead on lawmaking.
Though a lot of our media likes to bash the inefficacy of Congress, on the issue of psychedelics there are reasons to be hopeful. Over the last six years members of both the Republican Party and the Democratic Party have put forward and passed pieces of legislation and held congressional hearings that hint toward a pathway to federal legalization of psychedelics.
The Trickett Wendler, Frank Mongiello, Jordan McLinn, and Matthew Bellina Right to Try Act of 2017 (Public Law 115–176) was sponsored by Senator Ron Johnson (R-WI) enacted in 2018. This law permits the use of undefined “investigational drugs” that have been studied in completed Phase 1 trials for use on terminally ill patients who have exhausted known treatment options and are unable to participate in clinical trials assessing investigational drugs. Doctors who prescribe and oversee such treatment must keep strict records of use but are also protected from liability arising from adverse effects or results. Drug manufacturers are also insulated from legal challenges for adverse effects of these experimental drugs when given to terminally ill patients under the Right to Try legislation.
This bill and law did not identify psychedelics (or any other drug), but it did open the door for experimental treatments, broadly defined. The bill passed in the Senate by unanimous consent. In the House, there was a recorded vote (Roll no. 214). All voting Republicans supported the measure, as did 22 Democrats with a final tally of 250–169. This Right to Try federal provision is the grounding of much of the current efforts to permit psychedelic study and use. On July 20, 2022, and then again in 2023 Representative Earl Blumenauer (D-OR) entered remarks for the Congressional record in the House speaking in favor of, the “Right to Try Clarification Act” to expand access to treatments for terminally-ill patients by allowing the use of Schedule I substances that have completed phase 1 clinical studies. In his testimony he specifically singled out psilocybin and MDMA and promising paths for research and treatment. Forty-one individual states also have Right to Try laws, but the federal drug scheduling of psychedelics makes the use of these drugs medically taboo and in legally questionable as was the case with pro-marijuana state level policies for the past 30 years.
The subcommittee of the Committee on Appropriations tasked with developing the appropriations for the Departments of Labor, Health and Human Services, and Education, for the fiscal year 2022 held a hearing featuring Dr. Francis Collins, the then director of the National Institutes of Health. In this hearing Senator Brian Schatz (D-HI) took the lead in questioning Dr. Collins on the status of psychedelic research in the US. Dr. Collins reported promising results for psilocybin in clinical trials for depression and obsessive-compulsive disorder, and noted other trials were ongoing with MDMA and LSD for depression as well as PTSD. Dr. Collins noted that conducting research with Schedule 1 drugs is incredibly time consuming, as the initial paperwork to be cleared to research can take up to a year to complete and be reviewed. She argued that some drugs should be considered on a different schedule, like 1-R, for research versus just schedule 1. In citing each of the psychedelic drugs she noted that the goal was to produce psychedelic based interventions that are safer, more effective, and less prone to abuse than existing therapies.
On July 28, 2022, the Senate received H.R. 7900 National Defense Authorization Act for Fiscal Year 2023 after passing the House with two of pro-psychedelic amendments, one from Democrats and one from Republicans, included. The Amendment from Democratic Reps. Ocasio-Cortez (D-NY) and Correa (D-CA), adds MDMA, Psilocybin, DMT, Ibogaine as substances authorized for a study on the use of therapies alternative to prescription opioids in the treatment of members of the Armed Forces. The Amendment introduced by Reps. Crenshaw (R-TX) and Van Duyne (R-TX), calls to create a grant program under the Secretary of Defense for departments, agencies, academic institutions, and non-profits to study the treatment of PTSD of active-duty service members using psychedelic substances and for service members to be eligible to take part in clinical trials. The covered psychedelic substances spelled out in this amendment were MDMA, psilocybin, ibogaine, 5–MeO–DMT.
After a party-line 9–4 vote on the Rules Committee on July 13, 2022, these amendment were adopted (Report of the Committee on Rules, 2022) and were later combined into section 782 of the bill, “Grant program to study treatment of post-traumatic stress disorder using certain psychedelic substances”. In clearing the use of these drugs for active-duty military members in phase two clinical trials, the bill stipulates that allowing the use of these drugs is permitted without regard to (1) whether the clinical trial involves a substance included in the schedule under section 202 of the Controlled Substances Act (21 U.S.C. 812); or (2) section 912a of title 10, United States Code (article 112a of the Uniform Code of Military Justice).
In discussing these amendments on the floor, Representative Crenshaw noted that his offering of this amendment may surprise some of his colleagues, but he offered justification for its necessity saying,
“I rise in support of amendment № 23 to create a grant program for psychedelic treatment for PTSD. That may come as a shock to many, and I say good, because to be frank, we need new ideas because it seems we are losing the battle with veteran suicide.” — Representative Crenshaw (R-TX)
Crenshaw makes it clear that he is not interested in legalizing or de-scheduling psychedelics, but that Active-Duty military members should be permitted to take part in clinical trials using these drugs. This growing bipartisan support for psychedelics is not limited to Congress, or states with greater numbers of Democrats in power such as Oregon and Colorado, but can also be observed in state legislatures, including those of Texas and Oklahoma.
Veterans play a crucial role in driving the push for federal legalization due to the unique circumstances surrounding their access to healthcare. Since most veterans receive healthcare through the nationalized VA health system, which adheres to federal restrictions on Schedule I drugs, they face significant barriers in seeking psychedelic-assisted therapies within the country. Recognizing their political power, veterans’ groups such as, Veterans Supporting Treatment Solutions (VETS) has been providing grants for veterans to seek psychedelic assisted therapies outside of the United States. The Heroic Hearts Project and Veterans of War have also been working towards active advocacy for policy change. Since 2022 The VA has also begun conducting studies into psychedelic-assisted therapies for veterans, marking a notable shift in their stance. Veterans and their families are some of the greatest recipients of government spending. Nearly 50% of the almost 2 trillion-dollar Department of Defense budget goes to providing assistance to veterans and their dependents in the form of housing, healthcare, childcare, counseling, legal assistance, education benefits, and more. As such an important and effective constituency, their desires can sometimes be most easily translated into governmental action.
Bipartisanship is somewhat rare in congressional politics today. Yet, when it comes to psychedelics, there is a potential for bipartisan movement towards legalization. The recent political landscape, with Republicans controlling the House and Democrats holding the Senate and the presidency, has presented an opportunity for compromise. Veterans, as a cohesive constituency, bridge the political divide and exert significant influence.
Veterans, driven by the urgent need for effective mental health treatments, have emerged as a powerful force advocating for change. With increasing bipartisan support in Congress and a growing acceptance of psychedelics as medicinal, the path to federal legalization becomes clearer. Veterans’ impact on policymaking, combined with their significance as recipients of government assistance, positions them as a formidable force for shaping future legislation.
Lindsey Cormack is an associate professor of political science at Stevens Institute of Technology in Hoboken New Jersey. She is the author of Congress and U.S. Veterans: From the GI Bill to the VA Crisis and runs the data base of official congressional e-newsletters at DCinbox.com.
