Psilocybin remains a Schedule I controlled substance under federal law, meaning that it has a high … [+]
In recent years, psilocybin, the active compound in magic mushrooms, has gained increasing attention for its potential therapeutic benefits. As a result, the legal status of psilocybin is evolving, with several states and local jurisdictions decriminalizing or legalizing its use for medical and recreational purposes. This raises several questions for employers, such as:
The Legal Landscape
Psilocybin remains a Schedule I controlled substance under federal law, meaning that it has a high potential for abuse and no currently accepted medical use. However, several states and cities have decriminalized or legalized psilocybin for medical and/or recreational use. As of the date of this publication, psilocybin has been legalized or decriminalized in the following states and localities:
Legalized States:
Decriminalized Localities:
While Colorado and Oregon have legalized psilocybin, protecting its users from discrimination, it is important to note that decriminalization in other localities does not mean that psilocybin is legal to use or possess. It simply means that the lowest law enforcement priority is given to psilocybin-related offenses.
In addition to the states and localities listed above, several other states have introduced legislation to decriminalize psilocybin, including California, Connecticut, Hawaii, Maryland, Minnesota, Missouri, New Jersey, New York, Rhode Island, and Vermont.
Workplace Implications
Psilocybin use can impact the workplace in several ways, including:
Dr. Todd Simo, chief medical officer at HireRight, a global provider of background screening and drug testing solutions, notes, “From a psychological perspective, psilocin causes hallucinations and an inability to discern fantasy from reality. Both panic reactions and a psychotic-like episode may also occur, particularly at high doses. Psilocin also has physical effects, which include nausea, vomiting, muscle weakness, and lack of coordination. When a person uses psilocybin, physical and psychological consequences start approximately 20 minutes after ingestion and last approximately six hours and are not compatible with being on the job.”
Testing Options
There are a few different ways that employers can test for psilocybin impairment. However, it’s important to note that testing for psilocybin is more complex and expensive than standard drug tests.
Dr. Simo reminds employers that standard drug tests offered for employment purposes do not include psilocybin/psilocin as an analyte. “A person can be actively hallucinating due to using this drug and still have a negative drug test when a standard panel is used; employers can set up panels that include psilocin,” said Simo.
Employer Policies
When developing and implementing policies on psilocybin use, employers should consider the following factors:
Of note, despite legalization in Colorado and Oregon and decriminalization in other jurisdictions, employers are not explicitly prohibited from taking adverse employment actions against workers who use psilocybin. Employers should consult with an attorney to ensure their policies are legally compliant.
Best Practices
Here are some best practices for developing and implementing employer policies on psilocybin use:
Parting Thoughts
The evolving legal landscape and our growing understanding of psilocybin present new challenges for employers. By developing and implementing well-thought-out policies, employers can protect their employees and businesses from the potential risks of psilocybin impairment.