Legal Psilocybin Therapy: Massachusetts vs. Colorado
In a significant shift in drug policy, Massachusetts lawmakers recently voted to advance legislation that would legalize and regulate psilocybin therapy, a move focused explicitly on “therapeutic access for veterans, first responders, and other qualifying patients”. This development marks one of the first times a state legislature has formally embraced psychedelics not just as a criminal justice or decriminalization issue, but as a clinical tool for mental health care.
At the same time, states like Colorado have already broken substantial legal ground with the Natural Medicine Health Act: a broader statute that legalized and regulates natural psychedelics, including psilocybin, under a statewide framework. Understanding both approaches offers insights into where psychedelic law is heading in the U.S., and what legal opportunities and risks exist for providers, patients, and advocates.
Massachusetts lawmakers advanced two key bills in late 2025:
H.2532, which establishes a structured framework for psilocybin therapy.
H.2506, which would legalize psilocybin specifically for therapeutic use by veterans, law enforcement personnel, and other eligible patients.
The proposed Massachusetts psilocybin bill would create a limited, five-site pilot program allowing nonprofit therapeutic centers to offer supervised psilocybin treatment for mental and physical health needs. These centers would be licensed and regulated by the Department of Public Health, with required approval from local boards of health, and would need to be operated by trained medical or mental health professionals. The bill sets clear safety, staffing, training, and community-engagement requirements, including participant monitoring, referral pathways for ongoing mental health care, and pricing structures designed to promote affordability and access. Importantly, the legislation provides strong legal protections for participants, staff, operators, and property owners involved in licensed centers, shielding them from criminal charges, professional discipline, and other penalties solely for participating in the program. The pilot would also require robust data collection and ongoing reporting to the Legislature, signaling a cautious, evidence-driven approach to expanding therapeutic psilocybin access in Massachusetts
In contrast to Massachusetts’ legislative policy still progressing through committee, Colorado’s Natural Medicine Health Act (NMHA) is already law, having been approved by voters as Proposition 122 in 2022 and implemented through subsequent legislation and agency rules.
Here’s what Colorado’s framework looks like:
1. Wide Decriminalization and Personal Use
Under the NMHA:
Adult residents can possess, cultivate, use, and share natural psychedelics such as psilocybin, psilocin, DMT, and ibogaine for personal use.
These activities are removed from criminal penalties so long as they fall within defined personal-use contexts.
2. Regulated Therapeutic Services
Colorado also established a regulated therapeutic path:
Licensed facilitators can provide psilocybin-assisted sessions at state-licensed healing centers.
These sessions are structured, supervised, and part of a formal healing service.
Unlike Massachusetts’ proposed model, Colorado’s law:
Has already begun issuing facilitator licenses and running regulated sessions.
Allows both personal use and therapeutic use under a comprehensive legal regime.
The current wave of psychedelic legislation is reshaping how states think about mental health, drug policy, and clinical care. Whether you’re a prospective patient seeking therapeutic access, a practitioner considering offering psychedelic-assisted therapy, or anyone else interested in working with regulated natural medicine, staying ahead of these developments is essential.
If you’d like assistance navigating psychedelic law—in Colorado or Massachusetts—whether that’s understanding licensing requirements, regulatory compliance, or risk mitigation, our firm has the experience and insight to help you chart a clear path forward.
If the pending psilocybin bills advances, rulemaking will likely be decisive. As seen in Colorado, the real impact of psychedelic legislation emerges during the regulatory phase. Licensing criteria, scope of practice, clinical safeguards, and oversight mechanisms will determine who can participate (and how).
Provider eligibility and professional boundaries will be closely scrutinized. Questions around who may facilitate therapy, what training is required, and how psilocybin services intersect with existing mental health licensure will likely be central.
Federal law will remain a constraint. Even with state authorization, psilocybin remains a Schedule I substance under federal law, raising ongoing issues related to risk, insurance, banking, and interstate practice.
Massachusetts’ incremental, therapeutic-only approach may appeal to legislators and regulators, but it also means slower implementation and narrower access unless future legislation expands the framework.
Disclaimer: This post is for general informational and educational purposes only and does not constitute legal advice. Psilocybin and other psychedelic substances remain illegal under federal law, and legal risk may exist even where state or local laws permit limited therapeutic use. Laws, regulations, and enforcement priorities are evolving and can change without notice. Reading this post or contacting Lawyers for Therapists® does not create an attorney–client relationship, which is formed only through a written engagement agreement. Do not rely on this content as a substitute for legal advice specific to your situation.