This article is not legal or medical advice
As interest in psychedelic-assisted healing continues to grow, therapists and spiritual practitioners face complex legal questions about how to facilitate these treatments within the bounds of the law. At the recent Psychedelic Conference in Utah, attorney Jason Adelstone provided valuable insights into the legal landscape surrounding clinical, spiritual, and scientific facilitation of psychedelics in the United States and beyond. With over seven years of experience advising clients in the cannabis and psychedelic industries, Adelstone specializes in regulatory compliance, DEA registration, and establishing religious organizations that incorporate psychedelic sacraments.
Navigating Federal and State Laws
Understanding the legal status of psychedelics is critical for anyone looking to facilitate healing with these substances. Federally, psychedelics like psilocybin, MDMA, and DMT remain classified as Schedule I substances, meaning they are considered to have no accepted medical use and a high potential for abuse. However, there are several legal pathways that may allow therapists and spiritual practitioners to work with these substances under specific circumstances.
One such pathway is DEA registration, which requires participation in FDA-approved clinical trials. This is the most legally secure route, but it is also highly restrictive. “DEA registration is incredibly expensive and must be pursued alongside an FDA clinical trial,” Adelstone explained. “If you’re going through all three phases, it can cost hundreds of millions of dollars.”
Another potential route is Right to Try (RTT) laws, which are designed to grant terminally ill patients access to experimental treatments. While RTT laws apply to certain investigational drugs, a recent Ninth Circuit ruling clarified that they do not override the DEA’s authority over Schedule I substances, meaning psilocybin and other psychedelics are still restricted under federal law.
Religious and Spiritual Use Under RFRA
For spiritual practitioners, the Religious Freedom Restoration Act (RFRA) offers another possible pathway. RFRA protects the sincere religious use of psychedelics under certain conditions. “After Colorado passed its psychedelic law, I was speaking with 10 to 15 people a week who wanted to establish churches,” Adelstone shared.
However, RFRA protections are not automatic. Religious organizations seeking to legally use psychedelics must demonstrate genuine, consistent religious practices involving these substances. To establish legitimacy, organizations can pursue DEA exemption, litigate in court, or prepare legal defenses in case of prosecution. Adelstone emphasized that the DEA has been highly resistant to granting religious exemptions: “You basically have to go to the DEA and you have to tell them that you are violating federal law, you are using a Schedule I substance, and you are going to continue to use it no matter what. Because the only way you can show a sincere religious belief is if you continue to practice in the face of prosecution”
Adelstone warned against misinformation about private membership associations, saying " People come to me and say, "I've heard about these PMAs. There's organizations out there that have religious documents that I can use to create a PMA that operates outside of all man-made law. So all constitution, federal, state law. We can do whatever we want. We can practice medicine without a license. We can practice law without a license. We can do any kind of drug we want as long as it's done by the members within the membership." I can tell you right now that is absolutely not true."
State-Level and International Options
State laws regarding psychedelics are evolving, with Oregon and Colorado leading the way in legalizing or decriminalizing their use in therapeutic contexts. Oregon has facilitation centers, and Colorado does as well, but Colorado also allows for you to give away these substances.” Adelstone noted. Utah is also exploring legal options, though it is taking measures to be safe and conservative compared to more progressive states in terms of policy.
For practitioners looking beyond the U.S., international opportunities exist. “Jamaica's kind of an interesting situation. They signed on to the conventions, but they didn't actually control psilocybin. And so it lives in a gray area. The enforcement is basically based on locals, just local enforcement if they want to or not. We found that if you go there and you're doing a real legitimate retreat, you're not, it's not a retreat where people are just running wild. You're generally gonna be okay from what we found,” Adelstone explained. Similarly, Mexico has legal gray areas, particularly where indigenous traditions are protected, though enforcement of psychedelic laws varies by region.
What This Means for Practitioners
While federal law remains highly restrictive, therapists and spiritual practitioners do have options for working legally with psychedelics. Those interested in clinical facilitation may consider research partnerships or pursuing work in states with emerging legal frameworks. Spiritual practitioners should ensure their practices are well-documented, consistent, and legally defensible if they plan to incorporate psychedelics under RFRA protections.
Adelstone’s key takeaway? Legal psychedelic facilitation requires careful planning, expert legal guidance, and an understanding of evolving regulations. Whether through clinical trials, religious protections, or state-level programs, opportunities are emerging for those committed to bringing psychedelic healing into legal practice.
For more information on psychedelic legal pathways, visit Harris-Sliwoski.
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