The Future of Psychedelics in Texas (and beyond)

The great state of Texas was the first in the nation to recognize how the science of psychedelics-assisted therapy could help combat the mental health crisis among our veterans. With the help of former Governor Rick Perry, testimony from a scientific expert, and the testimony of brave soldiers, our legislature passed my bill, HB 1802, to fund university-based clinical trials with Psilocybin, the active ingredient in so-called “magic mushrooms”. Texas’ pioneering attitude has since inspired other states to propose and consider similar legislation.

However, within the next few years, Texas will no longer be fully in control of how our healthcare system can prescribe psychedelic-assisted therapy to patients. The Food and Drug Administration (FDA) is considering reclassifying the permitted uses of both Psilocybin and MDMA once both pass the final phase of clinical trials. The FDA will set the parameters for who can prescribe these medicines and under what conditions they can be accessed.

I believe that Texas can retain sovereignty by designing its own rules on psychedelic research and medical care. Texas has already done so to a degree with medical cannabis.

Specifically, the state should establish a pilot whereby residents can access psychedelic services from highly trained and certified professionals (otherwise known as “regulated access”). Like other pharmaceuticals such as Ketamine, psychedelic medicines will not be available in retail shops but only through the supervision of a healthcare professional.

Fortunately, another state, Oregon, has already paved the way for this federalist approach to psychedelics. In 2020, the voters passed a law that required state agencies to create a system of regulated access to Psilocybin. Likewise, Texas can design its own rules, rather than let the FDA tell us which doctors can prescribe these medicines and how they should be trained. The Texas health authority will create an accrediting body for schools that train psychedelic service providers, as well as standards for safety in the manufacturing process and inspections of administration sites.

This bill is not the same as “legalization” or “decriminalization” of drugs. No, it is an extension of the state’s existing commitment to science. Last year, HB 1802 paved the way for universities to conduct clinical trials with a limited number of qualified veterans.

During next year’s legislative session, the state has an opportunity to lead again with an expanded scientific agenda. Under a facilitated access pilot, our state’s entrepreneurs and innovators could also participate in psychedelic research in the free market and not just in universities. More than just a small set of veterans lucky enough to participate in clinical trials could access these medicines; everyone who is in need would have access.

At the end of the pilot, it will be up to my fellow legislators to decide whether the evidence warrants continued access. I remain optimistic it will, but, at the very least, Texas will have made its own rules.