Document Type
Response or Comment
Publication Date
2023
Publication
Boston University Law Review
Volume
103
Abbreviation
B.U. L. Rev.
First Page
643
Abstract
This invited response to Mason Marks et al., Microdosing Psychedelics Under Local, State, and Federal Law examines how evolving psychedelic regulation may ultimately favor below‑perceptual‑threshold approaches—such as microdosing and nonsubjective psychoplastogens—over the traditional, above‑threshold psychedelic experience.
Because such developments risk marginalizing the culturally, spiritually, and cognitively significant psychedelic experience, the author contends that access to above‑threshold psychedelic states requires justification beyond clinical utility. Invoking principles of cognitive liberty, neurodiversity, and equitable access, the article recommends that decriminalization and supported adult‑use models accompany therapeutic frameworks to preserve the legal viability of non‑ordinary states of consciousness, even if below‑threshold medicines come to dominate future clinical practice.