In this episode, we sit down with Victoria Litman, M.Div., J.D., LL.M., to discuss why the future of psychedelic access in the United States is being shaped not by federal agencies, but by the bold actions of individual states. As a legal scholar and writer focusing on drug policy, Victoria breaks down the significance of the FDA’s 2024 rejection of psychedelic-assisted therapy, and why that decision might be less of a setback than it seems.

We explore how state-level initiatives like Oregon’s Psilocybin Services Act and Colorado’s Natural Medicine Health Act are setting the stage for a new model of access—one rooted in harm reduction, personal liberty, and existing regulatory infrastructure. Victoria discusses the importance of the Tenth Amendment and the Anti-Commandeering Doctrine, which allow states to move forward regardless of federal inaction.

Rather than waiting for slow-moving federal institutions, Victoria argues that states can build safe, scalable systems now—especially by leveraging cannabis infrastructure for psychedelic regulation. She also touches on the ethical and cultural implications of this transition, including protections for spiritual and religious use.

If you’re wondering what psychedelic policy will look like in the years ahead, this episode offers an insightful and hopeful roadmap.

Link to CATO article