In our previous post, we began looking at the growing microdosing trend, and the fact that most psychedelics are illegal substances, while others are at least of precarious legal standing. The situation with psychedelics drugs is a bit like marijuana—while the drug holds some promise with respect to treating certain diseases and conditions, it remains an illegal substance at the federal level.

Given the shaky legal climate concerning marijuana, those who make use of it—whether for medicinal or recreational purposes—are advised to become educated on the law of their state and to remain in compliance with that law. A similar situation exists with certain types of psychedelics, and it is important for those using these drugs to be aware of both federal law and state law and to act accordingly.

The Department of Justice under President Obama took the stance that it would not systematically prosecute those who possessed, used or sold marijuana, provided they were in compliance with the law of their state. It isn’t clear what policy will prevail under Trump’s Department of Justice, but it is possible federal enforcement could be strengthened. Those who are charged with marijuana-related offenses at the federal level should, of course, always work with an experienced attorney to minimize the consequences of those charges.

Similarly, with psychedelic drugs, working to reduce the consequences of charges is the goal. In some cases, this may mean proving the applicability of a state exemption. In other cases, it may mean settling the case before it goes to trial, while in other cases, fighting charges in trial will be appropriate. Working with an experienced criminal defense attorney ensures a defendant comes up with an effective strategy to address charges and has zealous representation throughout the case.