New Nevada Law Could Legalize Psychedelic Medicine

Written by: The Law Offices of Garrett T. Ogata

Here’s What You Need to Know!

Recent legislation allows Nevada officials to begin testing psychedelics such as psilocybin and ketamine in an effort to legalize this avenue of treatment.

Proposed Senate Bill 242 aims at decriminalizing the possession of psychedelic mushrooms for people who struggle with anxiety, depression, obsessive compulsive disorder (OCD), and post traumatic stress disorder (PTSD). 

The proposed bill would create a study group to look at the effects of psilocybin in a psychological setting. Currently, the use of “shrooms” or magic mushrooms, as well as other psychedelic drugs is illegal in Nevada.  

What is Psychedelic Medicine?

Psychedelics like mushrooms are naturally occurring and are consumed for their hallucinogenic effects. These mushrooms can momentarily alter a person’s sense of time, emotions, and even thought processes.

Hallucinogens have been used in medical settings for decades. Researchers recently began looking into the healing effect of naturally occuring drugs to treat anxiety, depression, OCD, PTSD, and even addiction. Those who currently have access to this treatment have stated that traditional medications, like pharmaceuticals, did not have the desired outcome for them. Traditional medications can also lead to harmful addictions, whereas psilocybin does not seem to have any kind of addictive properties.   

Common Types of Psychedelic Medicine

It is important to keep in mind that each of these psychedelic drugs affect individuals differently based on a wide variety of factors such as weight, dosage, tolerance, and even mindset when taking the drugs.

Psychedelic drugs do not seem to have any addictive properties. However, some users report that with each treatment they find their tolerance to other drugs has changed.

Acid (LSD): a hallucinogen found in the fungus of rye grain. LSD use has continued to grow despite being illegal since the 1960’s.

Dimethyltryptamine (DMT): a hallucinogen found in the bark and nuts of specific trees in Central and South America. The effects of DMT typically are much shorter than other hallucinogens, usually only lasting an hour or so.

Mescaline (Peyote): a hallucinogen found in button cacti with effects similar to LSD. Peyote is illegal with the exception of religious ceremonies in the Native American Church. Native Americans have used peyote as a traditional medication for centuries.

Psilocybin (Shrooms): a hallucinogen found in certain fungi that is often found growing in the wild.

Ecstasy (MDMA): a less intense hallucinogen that is often used as a mood enhancing drug. 

What is the New Nevada Law

The new Nevada law is pushing to decriminalize the use and possession of psychedelic medicines to treat individuals struggling with mental health issues. This law requires the Department of Health and Human Services to create a group to study and discuss the effects of psychedelics and report back to the state with their findings. 

The study will report the findings before legislation next year. The goal is to bring psychedelic medications into a regulatory field for use in medical settings.

Potential Benefits of Psychedelic Medicine

Regulating the use of psychedelics for medicinal purposes is instrumental in the mental health fields. Research has increased in the last ten years and seems to show significant benefits in treating severe depression, anxiety disorders, PTSD, OCD, eating disorder, and even addiction recovery. 

Treatment-resistant depression

Some individuals report that traditional medication like SSRI’s tend to have a negative effect on their wellbeing. The side effects that come with many prescriptions leave many feeling suicidal, and tend to create a negative headspace. Traditional medications do not get to the root causes each individual is facing. By utilizing psilocybin in individuals with depression, it allows them a supervised space to freely experience the full effects of the drug. By taking hallucinogens, individuals can explore their feelings while simultaneously finding a way to alleviate their stressors.   

Anxiety Disorders

Individuals struggling with anxiety disorders could also see positive effects from using hallucinogens. By facing anxious thoughts head on, it becomes easier to see when and why those stressors are causing them so much anxiety. However, it is imperative to go into this treatment with an open mind given that mindset plays a major role in the experience.


Hallucinogens tend to have a positive effect on treating individuals with PTSD, specifically focusing on how it interacts with flashbacks. With psilocybin, the effects last anywhere from three to six hours once ingested. It alters time, emotions, and thought processes, meaning in theory, it will slow down the flashback and give the individual time to process what exactly they are experiencing. 

Addiction Recovery

Typically, addicts want to avoid swapping one vice for another. Prescribing traditional medication to individuals struggling with addiction tends to have adverse effects given that many traditional medications are habit forming. Research into hallucinogens thus far have shown no addictive properties. 

The Future of Psychedelic Medicine in Nevada

Continuing research into psychedelic medicine is something that many lawmakers in Nevada feel is necessary. Senate Bill 242 will bring more awareness for the benefits of psychedelic medicine. Some lawmakers believe that decriminalizing the use of psychedelics for medicinal purposes will bring forth revisions of many laws and regulations within the state. 

Can You Be Arrested for Using Psychedelic Medicine in Nevada Right Now?

The short answer is yes. Hallucinogens are still classified as controlled substances and are illegal to knowingly have in your possession.The penalties for knowingly having possession of a controlled substance are all classified as felonies. While we, at the Garrett T. Ogata Law Office, understand the benefits of these psychedelic drugs, we also understand the legalities that inevitably come with them.

How Can The Law Office of Garrett T. Ogata Help?

Our team of experienced criminal defense lawyers represent individuals who have been arrested or charged with various drug charges, including those relating to psychedelic mushrooms or other hallucinogens. 

Give us a call so we can help determine the best course of action for your case. Get connected with our team by calling (702) 707-7085 or visiting us online for a free consultation today!

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