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Writer's pictureBob Beach

Criminalization, De-Criminalization, and Legalization: History and Contemporary Politics

Chaired by Lucas Richert from the University of Wisconsin-Madison.


The panel included presentations by Benjamin Y. Fong from Arizona State University and Wendy Chapkis from the University of Southern Maine. Topics centered on the therapeutic potential and regulatory challenges of psilocybin facilitation in Oregon, the parallels between cannabis legalization and psychedelic reform, and the broader social and cultural impacts of legalization.


Fong on Psilocybin Facilitation in Oregon


Benjamin Y. Fong’s presentation centered on the dilemmas of psilocybin facilitation in Oregon. He emphasized the therapeutic potential of psychedelics, particularly psilocybin, in enhancing psychological treatment. Fong referred to Harold Abramson's 1967 work, which highlighted the benefits of psychedelics in psychological therapy. However, he noted that there is ongoing debate about whether psilocybin should be a standalone treatment or an adjunct to traditional psychotherapy.


Fong outlined the strict regulations necessary for psilocybin use, advocating for it to be restricted to adult users and facilitated by professionals who have received comprehensive training. He stressed the importance of human elements in psychedelic therapy, such as relationships and support throughout the therapeutic journey. Drawing lessons from cannabis legalization, Fong pointed out the significance of access regulation and federal policy changes for the success of the psychedelic movement.


One of the significant challenges discussed by Fong is the complexity of integrating psychedelic treatments within the existing medical frameworks. The therapeutic potential of psilocybin is promising, yet its legal and social acceptance is hindered by regulatory constraints and societal biases. The requirement for comprehensive training for facilitators highlights the need for a structured approach to psychedelic therapy, ensuring safety and efficacy. This structured approach also mirrors the lessons learned from cannabis legalization, where regulation played a crucial role in its acceptance and integration into mainstream society.


Chapkis on Cannabis Legalization and Psychedelic Reform


Wendy Chapkis provided a broader historical context by drawing parallels between the journey of cannabis legalization and current efforts to reform psychedelic laws. She highlighted the historical and ideological biases that have marginalized traditional botanical medicines, labeling them as primitive and impure. Chapkis argued that the shift from criminalization to medicalization and eventual legalization of cannabis serves as a blueprint for psychedelic reform.


Chapkis discussed the social and cultural impacts of legalization, warning that it can disrupt traditional practices and reduce substances to mere consumer products. She underscored the importance of addressing issues of equity and restorative justice in psychedelic reform, learning from the shortcomings of cannabis legalization. The commercialization of cannabis, for instance, has led to significant economic benefits but also raised concerns about equity and access. Similar issues could arise with psychedelics if the focus shifts solely to profit rather than equitable access and restorative justice.


Chapkis emphasized that the lessons from cannabis legalization should inform the psychedelic reform movement. The historical context of botanical medicine criminalization reveals deep-seated ideological biases that have shaped current drug policies. These biases have often led to the marginalization of traditional and indigenous practices. Understanding these historical contexts is crucial for developing policies that respect cultural traditions while integrating new medical advancements. The process of cannabis legalization has shown that medicalization can serve as a steppingstone toward broader acceptance and legalization, a path that psychedelic reformers could follow.


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Both presentations emphasized the historical roots and ideological biases against botanical and psychedelic medicines. The role of state intervention and regulatory frameworks was central to both discussions. Despite regulatory challenges, both Fong and Chapkis highlighted the cultural and traditional significance of these substances.

Fong focused specifically on Oregon's psilocybin facilitation, discussing regulatory and educational requirements, whereas Chapkis provided a broader historical context of cannabis legalization in the U.S. and its broader social and cultural impacts. Fong’s discussion of psilocybin’s therapeutic potential and the necessary regulatory frameworks complements Chapkis’ historical perspective on drug policy reform. Together, they provide a comprehensive view of the challenges and opportunities in the field of psychedelic and botanical medicine.


During the question and answer session, several critical issues were addressed. Firstly, to discuss professional Identity Building in the Cannabis Industry, Chapkis explained that professional identity building involves structured training in cannabis cultivation, distribution, and usage. Training programs focus on the cultural history of cannabis and varying state requirements. Then understanding the efficacy of psychedelic treatments, Fong acknowledged the lack of comprehensive data on the efficacy of psychedelic treatments. He stressed the importance of preparation, integration, and the therapeutic experience itself. Moreover, reconsidering the Directed Therapy in psychedelic treatments, Fong noted that opposition stems from psychoanalytic models that pursue specific goals. Current psychedelic therapy is influenced by Carl Rogers' non-directive approach, emphasizing natural experiences. Finally, imagining profit model for psychedelics, Chapkis discussed the profit model for psychedelics, which focuses on providing consistent, controlled microdoses and professional guidance, despite the competition from home production.


Reflections


The panel on "Criminalization, De-Criminalization, and Legalization" highlighted the historical and contemporary challenges in drug policy reform. By drawing lessons from cannabis legalization, psychedelic reformers can navigate the complex path toward acceptance and legitimacy, ensuring equitable and culturally respectful approaches to legalization. The insights from the panelists underscore the need for comprehensive regulations, professional training, and a focus on the human elements of therapy to achieve successful reform in drug policy.

 

The journey of drug policy reform is marked by significant challenges and opportunities. The lessons from cannabis legalization provide a valuable roadmap for the psychedelic movement. Regulatory frameworks, professional training, and an emphasis on the therapeutic process are essential components for integrating psychedelics into mainstream society. The historical biases and cultural significance of these substances must be acknowledged and respected to create policies that are equitable and just.

 

The potential of psychedelics in therapeutic settings is immense, but it requires a careful and structured approach to realize fully. The discussions highlight the need for ongoing research, comprehensive regulations, and an understanding of the cultural and historical contexts of drug policy. By learning from the past and addressing contemporary challenges, we can move towards a future where psychedelics and other botanical medicines are integrated into healthcare systems, providing new avenues for treatment and healing.

 

The path to de-criminalization and legalization of psychedelics is complex and multifaceted. The insights from this panel provide a valuable foundation for understanding the challenges and opportunities in this field. By building on the lessons from cannabis legalization and addressing the unique aspects of psychedelic therapy, we can create a framework that promotes safety, efficacy, and equity in the use of these powerful substances.

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