This November, Massachusetts voters may make the Bay State the third in the union to legalize psychedelics and create a regulated access model for treating mental health conditions. It would also decriminalize these substances statewide for personal use.
If voters approve Question 4, five psychedelics — psilocybin, psilocin, DMT, ibogaine, and mescaline — would be legalized for adults 21 and over by 2028, starting with one substance by 2026. (The measure leaves open which substance will be legalized first.)
Oregon and Colorado both legalized psychedelics through ballot measures, in 2020 and 2022 respectively.
“The program proposed in Massachusetts is more like the program in Colorado. There are two main components: one creates a regulated treatment center program where licensed facilitators can provide therapy sessions; the other involves limited decriminalization for personal use,” said David Ullian, partner in the Boston office of Vicente LLP. “No retail sales are permitted, so we will not see any dispensaries lawfully selling mushrooms or other psychedelic substances under this measure.”
The measure focuses on natural psychedelics, not synthetic ones:
- Psilocybin and psilocin from mushrooms
- DMT and ibogaine from plants
- Mescaline from certain cacti, but the measure specifically excludes peyote.
State residents would be permitted to cultivate these substances in a 12-foot-by-12-foot area, provided it is secure from anyone under 21.
As for decriminalized possession of these substances, the ballot measure specifies the maximum amounts allowed for personal use:
- 1 gram of DMT
- 1 gram of psilocybin
- 1 gram of psilocin
- 18 grams of mescaline
- 30 grams of ibogaine
If approved, the measure would establish a five-member commission to regulate the industry and a 20-member advisory board. The legislature would need to pass laws to create this commission and implement other provisions. A 15% excise tax would be imposed in addition to sales tax, and local governments could levy an additional tax of up to 2%. Local officials could set restrictions on the operation of licensed wellness centers but could not ban them or their psychedelic services outright.
MassHealth would be required to cover legal psychedelic treatments as part of behavioral health care, though insurance providers would not be obligated to cover the cost of the psychedelics themselves.
The act would take effect on Dec. 15, 2024, with the commission expected to begin accepting license applications by Sept. 30, 2026.
Will the measure pass? Ullian says yes.
“Massachusetts is one of the most progressive states in the country, and there is a lot of support for psychedelics policy reform, as evidenced by the growing number of municipalities that have adopted decriminalization policies, including large municipalities in the Greater Boston area like Cambridge and Somerville,” he said. “Of course, we’ll have to wait and see, but I am cautiously optimistic.”
