Federal, state, and local laws governing drug and alcohol use and their effects on the workplace are rapidly changing and sometimes in conflict. Psychedelics is the new frontier in drug legalization and an emerging issue employers may need to grapple with in the near future.
In 2020, Oregon voters approved the Psilocybin Services Act. The Act permits the therapeutic use of psilocybin by qualifying individuals aged 21 and over with specified mental health conditions.
In Colorado, voters approved a new law, effective January 1, 2024, permitting the cultivation, sale, and administration of certain natural psychedelic medicines, including psilocybin and psilocin, the psychoactive chemicals in psychedelic mushrooms.
A few other localities, including Portland, Maine, Minneapolis, and San Francisco, have passed ordinances decriminalizing psilocybin. Further, a number of state bills are pending that would similarly decriminalize the use of psilocybin. Notably, most of these bills would not require employers to accommodate the use of psilocybin.