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August 31, 2026

SAMHSA Recommends States Plan for Legal Implications of FDA-Approved Psychedelics

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The Substance Abuse and Mental Health Services Administration (SAMHSA) published a new report on current concerns regarding research, regulation, and policy of psychedelics as medicine.

While there is a significant amount of information included in the report, SAMHSA provided policy considerations for state lawmakers, encouraging them to consider planning now for the fiscal, legal, and operational implications of potential FDA-approved psychedelic therapies, including any Medicaid coverage obligations.

Additional policy recommendations noted by SAMHSA include:

  • Investing in research examining psychedelics in populations representative of the public mental health system, particularly those with serious mental illness, co-occurring disorders, and complex trauma
  • Developing oversight frameworks, including credentialing standards, safety protocols, informed consent processes, and complaint mechanisms proactively, before psychedelic therapies are formally made available for state system service recipients
  • Monitoring unregulated psychedelic use among various populations and preparing educational materials for providers and consumers about known risks and benefits
  • Engaging with the federal regulatory process and coordinate across agencies so that relevant decision-makers in states are informed and prepared when psychedelic policy proposals arise

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