Document Type
Article
Media Type
text
Publication Title
Northern Illinois University Law Review
Abstract
Psychedelics, a class of psychoactive substances that profoundly alter perception, mood, and cognition, show significant promise as a treatment option for mental health conditions such as depression, anxiety, and post-traumatic stress disorder. However, under the current regulatory framework of the Controlled Substances Act, these substances remain classified as Schedule I, the most restrictive category of federal control. This classification has made research and clinical access nearly impossible, largely due to the Drug Enforcement Administration’s insistence on randomized control trial evidence to satisfy the evidentiary standard of “currently accepted medical use” (CAMU). This evidentiary burden reflects more than a veneer of scientific objectivity; it is the product of a drug taboo so powerful that it has locked psychedelic medicine behind layers of stigma, politics, and international control. This Comment argues that the doors of the Schedule I prison have finally begun to crack open. In its recent recommendation to reschedule marijuana, the Department of Health and Human Services introduced a new two-part CAMU test that gives weight to state-authorized treatment programs and the judgment of licensed healthcare providers. This reform offers an unprecedented opportunity for states to generate the evidentiary foundation needed for federal rescheduling. By shifting focus from federal administrative bottlenecks to decentralized state action, this Comment provides a roadmap for legislators, jurists, and advocates to begin the process of rescheduling psychedelic substances, including through the reintroduction of the Illinois Compassionate Use and Research of Entheogens (CURE) Act or comparable legislation.
First Page
245
Last Page
276
Publication Date
Spring 5-1-2026
Department
College of Law
Recommended Citation
Doughty, Logan P.
(2026)
"From Taboo to Treatment: A Trip Through a State-Based Roadmap to Psychedelic Rescheduling,"
Northern Illinois University Law Review: Vol. 46:
Iss.
2, Article 5.
Suggested Citation
Logan P. Doughty, Comment, From Taboo to Treatment: A Trip Through a State-Based Roadmap to Psychedelic Rescheduling, 46 N. Ill. Univ. L. Rev. 245 (2026).
