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Emerging trend of psychedelics microdosing presents legal issues

Readers may have heard of one of the emerging trends in drug use: microdosing on psychedelic drugs. The practice essentially consists of taking very small amounts of a drug and adjusting the dosage to target specific conditions, ailments, and symptoms.

An increasing number of patients and doctors are opening up to the practice due to its alleged therapeutic effects. Not only that, but researchers are conducting research on patients with life-threatening conditions to determine how they respond to microdosing on psychedelics.   

Certainly, one of the problems with the trend is that psychedelic drugs are almost all illegal, or have questionable legal status at present. Below, we list some of the most common psychedelic drugs and their legal status.

  • LSD: a Schedule I substance under the Controlled Substances Act. This means that is has a high potential for abuse, is not currently accepted for medical treatment, and has not been accepted safely for use under medical supervision. The same is true of psilocybin, MDMA (ecstasy).
  • Ketamine is a Schedule III non-narcotic substance under the Controlled Substances Act, and may be used for medical purposes in some cases.
  • PCP is a Schedule II substance, like cocaine and methamphetamine, and is illegal.
  • Salvia Divinorum is not illegal at the federal level, but its legality varies by state.
  • Peyote is a schedule I substance, but is not illegal when used for nondrug purposes in religious ceremonies of the Native American Church.
  • Ayahuasca, another hallucinogenic drug, is illegal in some forms, but it is not illegal for religious use in some circumstances. Its legal status remains ambiguous.
  • DMT is a Schedule I drug under the Controlled Substances Act.

In our next post, we’ll continue looking at this topic, and the importance of working with an experienced attorney to effectively defend against drug charges involving psychedelic substances. 

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