Magic Mushrooms as Medicine: What the United States Can Learn from Jamaica’s Unregulated Psilocybin Industry as FDA Approval Nears

Authors

Kyle Spohn, University of Miami School of Law

Abstract

In 1970, Congress passed the Controlled Substances Act and swiftly placed psilocybin (the active chemical in “magic mushrooms”) under Schedule I—the strictest level of regulation withheld for substances with “no currently accepted medical use.” While the United States has maintained this rigid framework, Jamaica has taken the opposite approach. Psilocybin was never listed under Jamaica’s Dangerous Drugs Act, and remains unregulated. In recent decades, research has shown that psilocybin, when administered in controlled settings, can effectively treat depression, anxiety, and other psychiatric conditions. In response, the Jamaican government has not only preserved psilocybin’s legality but has encouraged research and industry development. Today, as the United States faces a mental health crisis, pharmaceutical companies are in the final stages of FDA clinical trials for psilocybin–based treatments targeting major depressive disorder and treatment–resistant depression. If approved, this medical recognition would compel federal rescheduling and the creation of a novel American regulatory framework for psilocybin therapy. In light of potential deregulation, this Note examines the Jamaican model as a case study, where psilocybin’s legal status has fostered both innovation and inequity. The country’s “shroom boom” has advanced psychiatric research and generated economic growth, but the absence of regulation has also led to safety risks and limited access for locals. Drawing lessons from Jamaica, this Note proposes a dual–policy framework under the Controlled Substances Act. FDA–approved psilocybin formulations should be placed in Schedule III to maximize accessibility in supervised clinical settings, while natural, non–pharmaceutical psilocybin should be rescheduled to Schedule II to promote continued research under controlled conditions. This balanced framework emphasizes safety, accessibility, and scientific research, allowing psilocybin to develop into a transformative tool in American mental health treatment.

Recommended Citation

Kyle Spohn, Magic Mushrooms as Medicine: What the United States Can Learn from Jamaica’s Unregulated Psilocybin Industry as FDA Approval Nears, 57 U. MIA Inter-Am. L. Rev. 229 ()
Available at: https://repository.law.miami.edu/umialr/vol57/iss1/7