Legal and Ethics Concerns of Psilocybin as Medicine

Stephanie M. Schonholz, Jacob M. Appel, Harold J. Bursztajn, Mohan Nair, Michael R. Macintyre

Research output: Contribution to journalArticlepeer-review

Abstract

Preliminary research shows the psychedelic psilocybin to be a promising potential treatment for psychiatric illnesses. Recent U.S. government legislation and policy indicate that access to psilocybin, which remains illegal on the federal level despite increasing efforts to decriminalize it at the state and local levels, will be expanded to enable further research into its treatment potential. It remains unclear how psilocybin will be regulated and who will have access to this new treatment, raising important legal and ethics questions psychiatrists must consider. This article reviews the current legal regulation of psilocybin and matters related to standard of care, right to effective treatment, and the respectable minority doctrine. It concludes with a discussion of the ethics matters surrounding the use of psilocybin as medicine, including provider bias, the interpersonal dynamic between providers and patients, informed consent, and equity and access.

Original languageEnglish
Pages (from-to)477-485
Number of pages9
JournalJournal of the American Academy of Psychiatry and the Law
Volume52
Issue number4
DOIs
StatePublished - 1 Dec 2024

Keywords

  • ethics
  • informed consent
  • legal regulation of psychiatry
  • psilocybin
  • standard of care

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