Room for shrooms? Medical psilocybin access eyed for after-budget rush

Psilocybin, the active psychedelic compound in magic mushrooms, saved retired firefighter Joseph McKay’s life. Now, he’s fighting for state legislators to approve newly amended legislation that would legalize it for medicinal purposes before session ends June 4.

McKay, who worked for years as a firefighter in Brooklyn’s Sunset Park, told City & State that after years of trying other medications, psilocybin was the only thing to give him relief from cluster headaches and painful PTSD attacks. “It changed my life, it saved my life, and I’ve met so many others over the years now that can say the same,” he said. “It’s kind of like the worst-kept secret in some circles, especially in the military.”

Legislation from Assembly Health Committee Chair Amy Paulin would legalize psilocybin for controlled, medical treatment for people like McKay – not dissimilar to medicinal cannabis before its legalization for recreational use. If signed into law, the state Health Department could create a framework for medical providers to give eligible patients the ability to use the substance to treat conditions like PTSD, depression and chronic pain. 

Paulin amended her proposal last week, taking into account testimony from an Assembly hearing on the issue in September. The new version has parts modeled after New Mexico’s existing program. The legislation was changed to more clearly define "supervised use" and to create a regulated category of licensed and trained qualified supervisors who would oversee use of the substance. That’s a broader category than the medical professionals who can prescribe and authorize treatment. If the bill becomes law, medical providers or the Health Department could require some patients only use psilocybin if supervised by a qualified supervisor as part of their treatment plan.

The bill was also amended to ensure psilocybin never goes directly to patients. It would instead be delivered only to providers, their staff or qualified supervisors. Paulin said the changes made the legislation stronger, and more likely to pass quickly. 

“I think it’s in a very good position right now, if passed, that it could be implemented,” Paulin said. “Who’s going to transport it? Who do we have to make sure it’s protected legally because it’s not legal federally? We needed to just work through that process.”

McKay, a patient advocate and spokesperson for the New York Mental Health Alternatives, met with several lawmakers in Albany this week to lobby for the bill. He was joined by veterans, medical professionals and others pushing for its passage before the end of the scheduled session. McKay met with both Democrats and Republicans, urging them to sign onto Paulin’s bill, which state Sen. Julia Salazar carries in the upper house.

He said over 70% of service members, veterans and first responders have suicidal ideation during a PTSD attack. “We’re dealing with thoughts of suicide, and this is the only thing that worked,” McKay said. “For people like myself and others, it was psilocybin or suicide. That was the option we have.”

With only 12 scheduled days of legislative session left this year and still no budget, state lawmakers are starting to get antsy. And the Capitol will turn into a legislative free-for-all when the expected $268 billion budget is (finally) approved, throwing lawmakers into a chaotic scramble to get non-fiscal policy items through both houses in less than two weeks. 

Members of New York Mental Health Alternatives met with state senators this week and said they did not receive pushback on the bill. Senate Health Committee Chair Gustavo Rivera has not read the amended bill and declined to comment on the issue until he’s reviewed the changes.

Paulin said it’s unclear if it’s possible for the Legislature to expand medical psilocybin access in the next few weeks, but she’s going to try. “Some bills move very quickly, others don’t,” Paulin said. “I’m going to give it my all and see what happens.”