The gap in the treatment of controlled substances between the state and federal levels continues to widen. That has long been true with cannabis, but the trend has accelerated with psilocybin and other psychedelics recently. This growing disparity has implications under U.S. immigration law for employers and non-residents who wish to become involved in the burgeoning psychedelics industry.
Regulated psychedelics commerce is imminent
Leading the way is Oregon, with the passage of Measure 109 in 2020. The state has until December 31, 2022 to implement its regulatory legal framework to allow for the manufacture, delivery, and administration of psilocybin, a psychedelic drug found in over 200 species of fungi. Psilocybin businesses will be licensed next year, and commerce will be underway.
In neighboring Washington last month, our office worked with lawmakers to introduce a psilocybin legalization bill that would permit the state’s Department of Health to license and regulate the manufacture of psilocybin products and oversee the provision of psilocybin services to individuals aged 21 and older. That bill does not seem likely to pass this session, but it lays the groundwork for something soon.
Many other states have also begun to take steps to promote research, decriminalization or even legalization with respect to psychedelics. Our most recent round-up on that is here.
Working with psychedelics businesses on immigration
Given Harris Bricken’s experience in psychedelics law and cannabis law before it, we routinely field inquiries from prospective clients who wish to “traffic” in these controlled substances, both from within and outside the U.S.
In most foreign direct investment work (FDI), immigration attorneys collaborate with their corporate and intellectual property attorneys to help clients define the scope and strategy. When it comes to psychedelics, however, we are the first responders to explain to prospective clients why existing immigration laws and policies not just make their business propositions incompatible, but also pose serious risk to their ability to enter or remain in the United States.
Immigration law on psychedelics and controlled substances
We have previously explained that any cannabis activity –including current or even prior use, employment, or investment– can make a noncitizen inadmissible into the U.S. Even Lawful Permanent Residents of the U.S., popularly referred to as “green card holders”, are not spared in that sense. Their activity may not only prevent them from becoming U.S. citizens through naturalization, but also make them deportable from the U.S.
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