Is Psilocybin legal in Oklahoma?
Psilocybin remains illegal in the state of Oklahoma, but legislators are beginning to consider reform that would help us understand its benefits.
Psilocybin is a hallucinogenic alkaloid found in certain mushrooms that grow naturally throughout North America. You may have heard about them as “magic mushrooms.” Following the wide and somewhat surprising embrace of medical cannabis in Oklahoma, some activists have set their sights to this special group of fungi and its potential.
Interest is Booming
Federal prohibition slammed the door on early psychedelic research and has since kept the profound benefits of psilocybin confined mostly to conversations amongst people who have directly experienced them.
Psilocybin was classified as a schedule 1 drug in 1970, so the federal government doesn’t currently accept it for medicinal use. However, in recent years there has been a psychedelic research renaissance kickstarted by a double-blind study published in 2006 from John Hopkins which showed 58% and 67%, respectively, of volunteers rated their psilocybin-occasioned experience as being among the five most personally meaningful and spiritually significant experiences of their lives.
Now psilocybin has been granted breakthrough therapy status by the FDA for its use for treatment-resistant depressive disorders and is being studied by various institutions for its transdiagnostic applicability. That has federal regulators exploring ways to stay ahead of the inevitable shift in policy.
A letter obtained by The Intercept in July of this year showed the Substance Abuse and Mental Health Services Administration (SAMHSA), an agency within the U.S. Department of Health and Human Services is considering forming a task force to address “the myriad of complex issues associated with the anticipated approval by the [FDA] of [MDMA] for the treatment of post-traumatic stress disorder and psilocybin for the treatment of depression within approximately 24 months.”
According to the letter, “The Task Force may establish and oversee the functions of a public-private partnership that can broadly focus on addressing numerous complex issues associated with psychedelic (psilocybin) and entactogenic (MDMA) medicines but whose risks to public health may require harm reduction, risk mitigation, and safety monitoring.”
Schedule 1 substances like psilocybin and cannabis put us in a conundrum comparable to someone in the job market looking for work without any experience—we need data for legalization, but their classification has long restricted our research.
To date, only Oregon and Colorado have legalized psilocybin under supervision, though many states, including Oklahoma, are making efforts to at least better understand its benefits.
Psilocybin measures introduced in Oklahoma
Two measures regarding psilocybin were presented in the 2022 Oklahoma legislative session, but neither passed.
Rep. Daniel Pea introduced HB 3414 which initially decriminalized possession of psilocybin and would have allowed certain institutions and research facilities to conduct clinical trials on psilocybin and psilocin for the treatment of 10 different conditions. The qualifications for participants in those studies were defined as people over eighteen years of age who suffer from any of the following:
1. Post-traumatic stress disorder;
2. Treatment-resistant/refractory depression;
3. Treatment-resistant/refractory anxiety;
4. Treatment-resistant/refractory obsessive compulsive disorder;
5. Traumatic brain injury;
6. Early stage dementia;
7. Palliative care;
8. End-of-life care;
9. Opioid use disorder; or
10. Moderate to severe chronic pain.
The bill passed the house, but failed to gain support in the senate, where its decriminalization provision was struck and the bill ultimately died.
Lawrence Pasternick, author of HB 3414, wrote in an opinion piece for The Oklahoman that decriminalization was at the heart of the issue, and the provision was included “because we believe that our state should not ruin people’s lives for using a mushroom that grows naturally throughout the region to try to address their mental health challenges.”
Rep. Phillips also introduced a bill, HB 3174 that would have provided for clinical research for psilocybin, but restricted the trial participant demographic to veterans who suffer from major depressive disorder, severe depression or other forms of depression or anxiety that is not adequately treated by traditional medical therapies. Rep. Phillips’ bill did not include a decriminalization element and HB 3174 didn’t cross over to the senate.
While both HB 3414 and HB 3174 failed to pass, they highlight that change is on the horizon and with it may come a new dawn for mental health services for Oklahomans.
Current psilocybin laws in Oklahoma
Simple possession of psilocybin in Oklahoma is a misdemeanor. The maximum jail time for psilocybin possession is one year and the maximum fine is $1,000. Maximum penalties do not increase with recurrent offenses.
Cultivation and distribution of psilocybin in Oklahoma is a felony that comes with severe consequences. A first offense of possession of psilocybin with an intent to distribute could have you facing up to seven years in prison and a fine of up to $100,000. A second offense would subject you to up 14 years in prison, and a third could result in up to 20 years.
The spores of psilocybin containing mushrooms can be sold and possessed as long as the intent is for “microscopy use only,” and is indicated as such on the product packaging. Spores themselves do not contain any controlled substance. However, once those spores are used for the cultivation of psilocybin mushrooms, you’re back in felony territory.
Bear in mind also the difference between possession and possession with intent to distribute can be determined by an officer’s discretion based upon a variety of elements beyond how much weight you have on you. If you are in possession of psilocybin in Oklahoma, it is important that you are aware of what can implicate you for varying degrees of criminal punishment. Scales, firearms and large sums of cash are all items that can turn what you think is simple possession into a much bigger problem.
If you find yourself in need of compassionate legal representation for a psilocybin possession or an intent to distribute charge, contact the attorneys at Gies Law Firm today.
