House Committee Will Consider Protecting State Medical Psilocybin Laws From Federal Interference Under New Amendment

A pair of Democratic congressmen have filed an amendment to a large-scale spending bill that would prohibit the use of federal funds to interfere with state and local laws allowing the use and sale of psilocybin for medical purposes.

Reps. Robert Garcia (D-CA) and Earl Blumenauer (D-OR) are seeking to attach the psychedelics measure to appropriations legislation covering Commerce, Justice, Science, and Related Agencies (CJS). It will be up to the House Rules Committee to determine whether the amendment will be made in order for a floor vote.

The members separately introduced standalone legislation in September to prevent federal interference in any jurisdiction that legalizes the psychedelic.

The new CJS amendment, meanwhile, states that no appropriated funds under the spending bill “may be used to prevent any State, the District of Columbia, any territory, commonwealth or possession of the United States, or any unit of local government from implementing its own laws authorizing the use, distribution, sale, possession, research, or cultivation of medical psilocybin.”

That language is similar to an existing CJS rider that has been annually renewed each year since 2014 prohibiting the use of federal funds to interfere in state medical marijuana programs. Efforts to expand that protection to cover adult-use cannabis laws have passed the House on several occasions but have never been enacted into law.

“I just think that there’s an opportunity to have a more progressive worldview on legalization and on [preventing] harm to people that are, in many ways, receiving huge medicinal benefits or recreational benefits” from cannabis and psychedelics, Garcia told Marijuana Moment in a phone interview on Tuesday before the psilocybin amendment was publicly posted.

If the psychedelics appropriations measure is cleared for the floor and ultimately enacted, it would specifically focus on medical psilocybin laws, so its practical impact may be limited in the short-term given that no states have explicitly authorized it as a therapeutic in the way they have for marijuana, with qualifying conditions and doctor recommendations, for example.

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Author: HP McLovincraft

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