Psychedelic Lawyer

Overview

Navigating the ever-changing landscape of psychedelic laws in the United States can be a challenging and complex task. With various types of psychedelics gaining attention for their potential benefits, the need for specialized legal services has become increasingly important. At Moriconi Flowers, we have dedicated ourselves to providing comprehensive legal support to clients involved with other types of psychedelics, in addition to well-known substances like cannabis and psilocybin.

Moriconi Flowers Ltd. specializes in providing legal advice and representation for individuals and businesses involved in the production, distribution, or use of non-traditional psychedelic substances.

Legal Status of Psychedelics in the United States

Psychedelic drug laws in the United States can be complex and confusing due to the different types of psychedelics, their unique legal standings based on their origin and manufacture, and the differing legal structures among Federal, State, and Local jurisdictions.

Currently, many states in the US have decriminalized or legalized the use of certain psychedelic substances such as psilocybin (magic mushrooms) or ayahuasca, while others have not. However, there are still many other types of psychedelics that remain illegal under both state and federal law. 

As the laws and regulations surrounding psychedelics continue to evolve, it can be difficult to understand what is legal and what is not. Our experienced attorneys stay up to date on the latest developments in this field and can provide the guidance you need to ensure your actions are within the bounds of the law.

Other Types of Psychedelics

While most people are familiar with the popular psychedelics such as psilocybin mushrooms, there are numerous other substances that fall under the umbrella of psychedelic drugs. Below, we’ve listed some of these lesser-known psychedelics, as well as information on obtaining a license. If you require assistance in obtaining a license, our team can provide the necessary support.

Ketamine – Ketamine is a “Schedule III” non-narcotic substance in the US and may only be used for medicinal purposes with a doctor’s prescription. To obtain a license to deal with Ketamine in the US, you must be a licensed medical professional and have a valid DEA registration. This involves filling out an application and providing documentation such as your state medical license, a list of controlled substances you plan to handle, and a security plan for handling and storing the drugs. You must also comply with state and local regulations governing the use of Ketamine, which may include obtaining a separate state license or certification and adhering to specific treatment protocols.

CBD – Cannabis-derived CBD is unlawful under federal law. Meanwhile, CBD derived from hemp with less than 0.3% THC by dry weight is allowed since hemp is not a restricted drug. To obtain a license to deal with CBD in the US, you must comply with federal and state regulations governing the production, distribution, and sale of CBD products. CBD derived from hemp with less than 0.3% THC is legal under the 2018 Farm Bill, but the FDA has specific labeling and product restrictions. State regulations vary, and you may need to obtain permits or licenses to grow or manufacture hemp for CBD production.

Delta-8 and Delta-9 – According to the U.S. Drug Enforcement Administration, both cannabinoids delta-8 and delta-9 THC-O are prohibited controlled substances. To obtain a license to deal with Delta-8 and Delta-9 in the US, you must comply with federal and state regulations governing their production, distribution, and sale. A DEA license is required to manufacture, distribute, or dispense Delta-9, which is a Schedule I controlled substance. Delta-8 is not specifically scheduled at the federal level, but state regulations may require a license or permit to sell it. Additional regulations apply to manufacturing and distribution, such as GMP requirements and product labeling and testing requirements.

HHC – As long as it is derived from hemp, HHC is legal under the 2018 Farm Bill. To obtain a license to deal with HHC in the US, you must comply with state regulations governing the production, distribution, and sale of synthetic cannabinoids, as some states have banned its sale. Specific requirements for obtaining a license may vary depending on the state and local jurisdiction, and additional regulations apply to manufacturing and distribution, such as GMP requirements and product labeling and testing requirements.

Ayahuasca – Ayahuasca typically contains the Schedule I controlled substance DMT, rendering it unlawful under federal law. There is no legal way to obtain a license to deal with Ayahuasca in the US. It is a Schedule I controlled substance, and the use of Ayahuasca in the US is considered a Schedule I drug offense, which can result in fines and imprisonment. The FDA does not recognize Ayahuasca as a medicine and it is not approved for use in the US. 

THCO – In February 2023, DEA verified via letter that THCO is a controlled substance and therefore unlawful under federal law. To obtain a license to deal with THCO in the US, you must comply with state regulations governing the production, distribution, and sale of synthetic cannabinoids, as some states have banned its sale. Specific requirements for obtaining a license may vary depending on the state and local jurisdiction, and additional regulations apply to manufacturing and distribution, such as GMP requirements and product labeling and testing requirements.

CBG – CBG is lawful as long as it is extracted from cannabis plants with less than 0.3% THC. To obtain a license to deal with CBG in the US, you must comply with federal and state regulations governing the production, distribution, and sale of hemp-derived products. Hemp and hemp-derived products with less than 0.3% THC are legal at the federal level under the 2018 Farm Bill, and a state license is required to sell CBG products. If you plan to grow or manufacture hemp for CBG production, you would need to obtain a license from your state’s Department of Agriculture. Additional regulations apply to manufacturing and distribution, such as GMP requirements and product labeling and testing requirements. 

CBN – CBN is lawful under US federal law so long as the delta-9 Tetrahydrocannabinol (THC) concentration is less than 0.3 percent. To obtain a license to deal with CBN (cannabinol) in the US, you must comply with federal and state regulations governing the production, distribution, and sale of hemp-derived products. A state license is required to sell CBN products, and if you plan to grow or manufacture hemp for CBN production, you must obtain a license from your state’s Department of Agriculture. Additional regulations apply to manufacturing and distribution, such as GMP requirements and product labeling and testing requirements. It is important to consult with legal and regulatory experts to ensure compliance with all applicable laws and regulations.

Services we provide

  • Compliance and regulatory guidance: With the complex legal framework governing the Psychedelics industry, businesses in this sector require legal guidance to ensure they comply with applicable laws and regulations.
  • Risk assessment: If you are involved in the production or distribution of non-traditional psychedelics, it’s important to ensure that you are operating within the bounds of the law. Our attorneys can help you assess the risks and potential legal consequences of your actions and develop compliance strategies to mitigate those risks.
  • Intellectual property protection: Businesses in the Psychedelics industry may need legal protection for their intellectual property, such as trademarks, patents, and copyrights. We help clients secure their intellectual property rights and provide guidance on how to protect their intellectual property from infringement.
  • Contract drafting and negotiation: Contracts are essential in any business arrangement, and the Psychedelics industry is no exception. We could draft and negotiate contracts, such as partnership agreements, employment contracts, and licensing agreements, among others.
  • Business formation: If you are interested in starting a business in the psychedelics industry, our attorneys can help you navigate the complex legal and regulatory landscape. We can assist with business formation, licensing, compliance, and other legal issues related to operating a business in this field.
  • Mergers and acquisitions: As the Psychedelics industry continues to grow, mergers and acquisitions are likely to occur. We provide legal guidance on the merger and acquisition process, including due diligence, regulatory compliance, and transactional documentation.
  • Litigation and dispute resolution: In any industry, disputes are inevitable. We represent businesses in the Psychedelics industry in court and alternative dispute resolution processes such as arbitration and mediation.
  • Business and commercial law: In addition to the specialized services mentioned above, businesses in the Psychedelics industry also require legal assistance on general business and commercial law issues such as employment law, tax law, and securities law. We provide legal guidance on these issues to ensure businesses in the Psychedelics industry comply with all applicable laws and regulations.

 

As a frontrunner in the field of psychedelic legal services, Moriconi Flowers is dedicated to providing our clients with the expert advice and support they need to navigate the complexities of the psychedelic legal landscape. Our team of skilled attorneys remains up-to-date with the most recent developments in psychedelic laws and regulations, ensuring that our clients receive the most accurate and pertinent information available. Trust Moriconi Flowers to safeguard your rights and interests as you venture into the world of psychedelics.

If you are currently seeking assistance in these processes, fill out the form below to discuss further:

    LOCATION

    HISTORIC CHESTNUT HILL 

    40 West Evergreen Avenue, Suite 104

    Philadelphia, PA 19118

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