Beyond the Horizon: The Minnesota Legislature’s Inquiry into Psychedelic Medicine

---

Sheldon Noess*

In August 2023, Minnesota became the twenty-third state to legalize recreational cannabis, and now Minnesota is taking measures to become one of the first states to permit the use of psychedelics in medicine.¹ In the health landscape of the modern era, the line between traditional and alternative medicine is becoming ever blurrier. Psychedelics, once detested and masked in controversy, are now taking center stage as potential therapeutic treatment for mental health illness. Recognizing the potential and the need for extensive, structured exploration, Minnesota has recently taken an innovative step. With the establishment of the Psychedelic Medicine Task Force, backed by the Department of Health and anchored in legislative grounding, the state is poised to lead in this revolutionary medical frontier.

Brief Background on Psychedelics

Psychedelics for the purpose of the task force relates to psilocybin, 3,4-methylenedioxymethamphetamine (“MDMA”) and LSD.² These substances are a class of hallucinogenic drugs that primarily induce altered states of consciousness, including psychological, visual, and auditory changes.³ Additionally, psychedelics are powerful substances that can modify perceptions, mood, and affect numerous cognitive processes.⁴ The use of these substances for their hallucinogenic effects is not a new revelation but can be observed throughout history. For instance, psilocybin, a type of mushroom, has been used by indigenous people for thousands of years in connection to religious and spiritual ceremonies.⁵

Likewise, each psychedelic has its own unique backstory on its development within the modern world. Psilocybin was made famous in 1957 when mentioned in a magazine article about a man’s experience ingesting the substance in Mexico.⁶ As for LSD, it was first synthesized by a Swiss chemist in 1938, and MDMA was patented in 1912 but was not introduced into therapy practice until the late 1970s.⁷ However, after the passage of the Controlled Substance Act, psilocybin, MDMA, and LSD have all been listed as a Schedule I drug.⁸ The implications of being listed as a Schedule I drug are extensive; they are considered the most dangerous substances with no medical benefit.⁹ Further, to be listed as a Schedule I drug, the Controlled Substance Act requires that: (1) the drug or other substance has a high potential for abuse, (2) the drug has no currently accepted medical use in treatment in the United States, and (3) there is a lack of accepted safety for use of the drug under medical supervision.¹⁰ However, research, recent and past, has identified the medical benefits psychedelics can provide to people who are suffering from a severe mental disorder.

Potential Medical Benefits of Psychedelics

Research has demonstrated the therapeutic advantages that psychedelics offer individuals suffering with mental health disorders. In particular, psilocybin has had effective results with people showing severe signs of depression, anxiety, obsessive-compulsive disorder, and chronic tobacco use.¹¹ According to researchers and scientists, “psilocybin is distinguishable from traditional pharmaceuticals because it produces profound results in belief changes and people feel reorganized in a way they don’t with other drugs.”¹² The typical course of treatment with people suffering from severe depression or anxiety are medications consisted of selective serotonin reuptake inhibitors (“SSRI’s”).¹³ However, SSRI’s have mixed results and potentially devastating side-effects, and finding the correct dosage for treatment can take weeks.¹⁴ The duration of finding the correct dosage can have devasting effects to those suffering from mental illnesses. For example, researchers found in a study of suicide risk among psychiatric patients, “that approximately 75% of suicide attempts took place during major depressive episodes.”¹⁵ Additionally, a study at Johns Hopkins University found that psilocybin was four times more effective than traditional antidepressants.¹⁶

As for LSD, this substance is particularly effective for people suffering from substance abuse disorders such as alcoholism.¹⁷ However, the medicinal use of LSD goes beyond that of substance abuse disorders. A study in 2014 found that when using LSD to treat anxiety in patients with life-threatening diseases, participants experienced a 77.8% reduction in anxiety and a 66.7% rise in quality of life, which lasted up to a year.¹⁸ Also, recent research involving neuroimaging suggests LSD could help reveal the biochemical bases for mental illness and improve our understanding of consciousness.¹⁹

The medical benefits of MDMA have also been documented in their success with treating individuals with various mental illnesses. The process of how MDMA impacts and treats individuals is by “reducing the activity in the amygdala, the fear-processing part of the brain: when the fear is calmed, patients feel safe in processing their traumatic memories with professional therapists with a positive perspective.”²⁰ Further, MDMA has been designated as a breakthrough therapy by the FDA in 2017.²¹ Breakthrough therapy designation from the FDA occurs when “preliminary clinical evidence indicates that the drug may demonstrate substantial improvement on at least one clinically significant endpoint over available therapy.”²² For example, in a study involving veterans suffering from Post-Traumatic Stress Disorder (“PTSD”), 83% of the participants had improvements in their symptoms.²³

The Role of the Task Force

With the 2023 legislative session, Minnesota created the Psychedelic Medicine Task Force to “advise the legislature on the legal, medical, and policy issues associated with the legalization of psychedelic medicine in the state.”²⁴ Membership of the task force includes a wide range of stakeholders, including politicians from both parties, commissioners or a designee of administrative agencies, medical professionals and experts in psychological fields, representatives from Indian Tribes, veterans, and members of the public with experiences in mental health policy.²⁵ Through its diverse members, the task force is responsible for informing the Minnesota State Legislature on psychedelics used in medicine which will be fulfilled by scientific examinations, policy considerations, and public engagement.²⁶

Accordingly, the task force will examine “existing scientific literature on the therapeutic efficacy of psychedelic medicine in the treatment of mental health conditions, including depressions, anxiety, PTSD, bipolar disorder, and other mental health conditions and medical conditions for which a psychedelic medicine may provide an effective treatment option.”²⁷ Also, the task force will compare the efficacy of treatments traditionally used to treat the above conditions to the efficacy of psychedelic medicine in treating those same conditions.²⁸ The task force will develop a comprehensive legislative plan that covers policy considerations such as statutory changes, regulations, and how to maintain state autonomy without conflicting with federal law.²⁹ The task force must submit two reports detailing their findings and recommendations: one by February 1, 2024 and the other by January 1, 2025.³⁰ Based upon their findings and recommendations, the legislature will take the next appropriate measure to ensure the safety of the public and the betterment of society.

Conclusion

As Minnesota ventures into the largely unfamiliar territory of psychedelic medicine, the establishment of the Psychedelic Medicine Task Force is more than just progressive policymaking; it represents a tangible shift in our collective approach to mental health treatment. In an era where traditional treatments fail to provide relief for many, the exploration of psychedelics as therapeutic agents offers a glimmer of hope— a hope rooted in the expanding body of research that paints these substances not as relics of countercultural rebellion, but as keys to unlocking new doors in the realm of psychiatric care. By undertaking this inquiry, Minnesota is not only challenging outdated stigmas but also leading the way for a compassionate, science-driven exploration of mental health treatments. The Task Force’s importance cannot be overstated; their work has the potential to revolutionize the field of mental health and offer new avenues of hope for those who have long suffered in silence. As the sun sets on old prejudices and rises on innovative medical practices, Minnesota’s horizon is bright with the promise of healing and the potential for a deeper understanding of the mind’s intricate landscape.

---

* Sheldon Noess, J.D. Candidate, University of St. Thomas School of Law Class of 2025 (Associate Editor).

1. Dea Cortney & Samuel Edmunds, Understanding Expungements Under the New Cannabis Law, Bench and Bar of Minnesota, Sept. 2023, at 25, https://www.mnbar.org/archive/msba-news/2023/09/01/understanding-expungement-under-the-new-cannabis-law. ↩︎
2. Psychedelic Medicine Task Force, 2023 Minn. Laws, ch. 70, art. 4, § 99, https://www.revisor.mn.gov/laws/2023/0/Session+Law/Chapter/70/. ↩︎
3. Quentin Barbosa, America is Tripping: Psychedelic Pharmaceutical Patent Reforms Fostering Access, Innovation, and Equity, 88 Brook. L. Rev. 1129, 1130 (2023). ↩︎
4. Robert A. Mikos, Observations on 25 Years of Cannabis Law Reforms and Their Implications for the Psychedelic Renaissance in the United States, 18 Ann. Rev. L. & Soc. Sci. 155, 156 (2022). ↩︎
5. Kathryn L. Tucker, Psychedelic Medicine: Galvanizing Changes in Law and Policy to Allow Access for Patients Suffering Anxiety Associated with Terminal Illness, 21 Quinnipiac Health L.J. 239, 240 (2018). ↩︎
6. Id. at 241. ↩︎
7. Mason Marks, Psychedelic Medicine for Mental Illness and Substance Use Disorders: Overcoming Social and Legal Obstacles, 21 N.Y.U. J. Legis. & Pub. Pol’y 69, 80–86 (2018). ↩︎
8. Nabil Al-Khaled, MDMA and Psilocybin for Mental Health: Deconstructing the Controlled Substances Act’s Usage of “Currently Accepted Medical Use”, 99 Wash. U. L. Rev. 1023, 1031 (2021). ↩︎
9. Id. at 1032. ↩︎
10. Id. at 1033. ↩︎
11. Thomas Salazar, Trip or Treat: Psychedelic Drug Reform in California,53 U. Pac. L. Rev. 321, 327 (2022). ↩︎
12. Al-Khaled, supra note 8, at 1026. ↩︎
13. Michael Brewer, Researching Psilocybin and LSD as Depression Treatments—Through a Procurement Lens, 52 Pub. Cont. L.J. 83, 88 (2022). ↩︎
14. Id. at 88–89. ↩︎
15. Id. at 88. ↩︎
16. Al-Khaled, supra note 8, at 1026. ↩︎
17. Salazar, supra note 11, at 327. ↩︎
18. Marks, supra note 7, at 80. ↩︎
19. Marks, supra note 7, at 80–81. ↩︎
20. Al-Khaled, supra note 8, at 1026. ↩︎
21. Karen Luong & Kimberly Chew, Legal Developments in Psychedelic Therapeutics, The Health Law., June 2022, at 4, 6. ↩︎
22. Id. ↩︎
23. Barbosa, supra note 3, at 1138. ↩︎
24. Psychedelic Medicine Task Force, 2023 Minn. Laws, ch. 70, art. 4, sec. 99 (2023), https://www.revisor.mn.gov/laws/2023/0/Session+Law/Chapter/70/. ↩︎
25. Id. ↩︎
26. Id. ↩︎
27. Id. ↩︎
28. Id. ↩︎
29. Psychedelic Medicine Task Force, 2023 Minn. Laws, ch. 70, § 90 (2023), https://www.revisor.mn.gov/laws/2023/0/Session+Law/Chapter/70/. ↩︎
30. Id. ↩︎