Psychedelics

Rooted from an ethical position around psychedelics, McAllister Garfield, P.C. is exploring ways it can serve a wide variety of participants interested in psychedelics, from religious spiritual practitioners to psychedelic assisted therapists, and from ketamine clinics to pharmaceutical companies interested in the space.

Since 2019, Denver decriminalized certain activities around psilocybin mushrooms, while Oakland and Santa Cruz went further, decriminalizing all naturally occurring psychedelics. In addition, both MDMA and psilocybin are in stage 2 of FDA clinical trials, and many expect within a few years both of these substances will be lawful to prescribe to patients in the United States. Oregon is likely to vote on a ballot initiative in November 2020 to tax and regulate psilocybin mushrooms and McAllister Garfield expects to work for entrepreneurs under that law if it passes. Several other states and municipalities are considering some form of decriminalization or legalization of psilocybin mushrooms or other psychedelics in the coming years.   

The firm has been a pioneer around emerging drug policy reform issues. Sean McAllister is  general counsel to the Decriminalize Denver campaign and was appointed by Mayor Hancock to the Denver Psilocybin Mushroom Policy Review Panel. Sean has written extensively on what decriminalization means in Oakland, Denver, Santa Cruz and in the upcoming Oregon IP 34 initiative. In addition, Sean acted as a legal advisor to the Decriminalize California 2020 campaign and assisted in the drafting of ballot language. Sean is also general counsel for the Chacruna Institute for Psychedelic Plant Medicines, where he has looked extensively at the legality of psychedelics for religious purposes. David Wunderlich assists Sean in servicing psychedelic clients.

This new area of law is unfolding quickly and McAllister Garfield has represented or consulted with a large number of people in the field. The firm is willing to handle the following types of work:: advising entrepreneurs on the meaning of the decriminalization initiatives around the country, entity selection (including considering both a for profit and non profit entity to maximize social benefits), governing documents, obtaining DEA licensure (such as Schedule I manufacturing or research licenses); obtaining state or local licensing for various psychedelic projects, assessment of intellectual property issues, real estate leasing issues, and more.

If you are interested in our services in this area, please contact Sean McAllister at sean@mcallistergarfield.com.