PSYCHEDELIC CAPITALISM AND THE PERCEPTUAL THRESHOLD

Charles Raison1 INTRODUCTION As jurisdictions continue to reform psychedelics laws, lawmakers should consider how these new laws will impact the popular practice of microdosing- regularly taking very small amounts of a psychedelic, such as psilocybin, to improve one's quality of life.2 That is...

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Veröffentlicht in:Boston University law review 2023-03, Vol.103 (2), p.643-658
1. Verfasser: Marlan, Dustin
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Sprache:eng
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Zusammenfassung:Charles Raison1 INTRODUCTION As jurisdictions continue to reform psychedelics laws, lawmakers should consider how these new laws will impact the popular practice of microdosing- regularly taking very small amounts of a psychedelic, such as psilocybin, to improve one's quality of life.2 That is the thesis of Mason Marks, I. Glenn Cohen, Jonathan Perez-Reyzin, and David Angelatos's engaging and timely article, Microdosing Psychedelics Under Local, State, and Federal Law. "16 And it has been speculated that the psychedelic-assisted therapy "bubble" may burst, given the tremendous hype but modest results as of yet in treating mental health conditions.17 If a workable below-perceptual threshold version of psychedelics could exist, then health care would logically prefer the (safer, cheaper, and more predictable) taking of sub-perceptual threshold doses over above-perceptual doses. "26 Microdosing may result in improved mood, focus, concentration, creativity, energy, social benefits, lowered anxiety, and other cognitive advantages.27 Despite microdosing's growing popularity jurisdictions that have legalized, or proposed legislation to legalize, psychedelics for therapy have largely overlooked the practice.28 These jurisdictions have instead focused on regulating "big trip" psychedelic-assisted therapy.29 One can go to a facility and arrange to take a standard or large dose of psilocybin under the supervision of a guide.30 But the possession or use of minuscule amounts of psilocybin needed for microdosing could remain a felony under these legal frameworks.31 As the authors explain, this paradoxical result-an explicit or implicit minimum dose requirement-raises numerous equity and public health-related concerns.32 To remedy this, Marks and his coauthors recommend several microdosing implementation models for legislators, including decriminalization, supported adult use, retail sales, and medical frameworks.33 Despite its growing popularity, microdosing may have drawbacks. The claimed benefits (or challenges) of microdosing could be illusory-due to the placebo effect rather than any actual physiological effect.34 Some microdosers experience challenges, rather than benefits, such as physical discomfort, a level of disconnection from self, and impaired, rather than improved, mood, focus, and energy.35 And there is speculation that taking microdoses for prolonged periods could be linked to heart damage, given similar activation of serotonin receptors compared to the (
ISSN:0006-8047