Two Oklahoma legislators have introduced bills to promote medical research on psilocybin, with one measure decriminalizing possession of small amounts of the psychedelic, said Tulsa medical marijuana attorney Stephen Cale.

Rep. Daniel Pae (R-Lawton) and Rep. Logan Phillips (R-Mounds) introduced the measures.

Learn More About Psilocybin, Psilocin, and “Magic” Mushrooms

What Pae’s HB 3414 Would Do If Passed Into Law

Pae’s HB 3414 would allow universities, institutions of higher education and research facilities in Oklahoma to conduct clinical trials on psilocybin and psilocin for the treatment of certain ailments, Cale said.

Eligible entities wanting to conduct research or medical trials would have to apply for a $500-license through the State Department of Health. The license allows those entities to grow, study, process, dispensing psilocybin-containing fungi or other naturally occurring organisms. Also, it allows for studying, extracting, synthesizing, and/or dispensing psilocybin or psilocin, Cale said.

Persons who participate in the clinical trials must be at least 18 years old with:

  • Post-traumatic stress disorder;
  • Treatment-resistant/refractory depression;
  • Treatment-resistant/refractory anxiety;
  • Treatment-resistant/refractory obsessive compulsive disorder;
  • Traumatic brain injury;
  • Early stage dementia;
  • Palliative care;
  • End-of-life care;
  • Opioid use disorder; or
  • Moderate to severe chronic pain.

Exemptions From Criminal Prosecution, Civil Penalties

Also, the bill provides certain exemptions from criminal and civil penalties for researchers participating in the program and for clinical trial participants.

The penalty for anyone possessing one-and-a-half ounces of “psilocybin- or psilocin-containing fungi or plants” would be a $400 fine.

What HB 3174 Would Do If Passed Into Law

Phillip’s HB 3174 is more restrictive. For example, it provides for clinical research as to psilocybin only. Also, patient participants in the clinical research must be veterans of the U.S. armed forces or Oklahoma National Guard who suffer from “major depressive disorder, severe depression, or any other form of depression or anxiety that is not adequately treated by traditional medical therapies.”

His bill also provides certain exemptions from criminal prosecution and civil penalties for researchers and clinical trial participants in the program. However, it does not decriminalize possession of small amounts fungi containing psilocybin.

Current Oklahoma Law Regarding Psilocybin And Psilocin

Under current law, possession of psilocybin or psilocin is a felony punishable by imprisonment for up to five years and by a fine of up to $5,000, Tulsa medical marijuana attorney Stephen Cale said.