The Enlightened Esquire

People often ask whether psychedelics are “legal yet.” The honest answer is that there is no single door — there are three, and each opens differently at the federal, state, and local level. Understanding which door you are standing in front of is the first step to acting lawfully.

Door 1 — Medicine

Most classic psychedelics — psilocybin, MDMA, DMT, ibogaine, mescaline — remain Schedule I under the federal Controlled Substances Act, meaning “no accepted medical use.” The medical door opens through the FDA: once a drug is approved, the DEA must reschedule it. Psilocybin cleared two Phase 3 trials (2025 and 2026); MDMA was rejected in 2024 and is being reworked. The one therapy that is lawful today is ketamine — a Schedule III anesthetic used off-label, now joined by FDA-approved esketamine (Spravato).

Door 2 — Religion

The Religious Freedom Restoration Act (RFRA) protects sincere religious exercise. In Gonzales v. O Centro (2006), the Supreme Court unanimously held that Schedule I status alone is not a compelling enough reason to bar a church’s sacramental ayahuasca. Since then, faith communities have won protection by settlement, by petition, and by injunction — a fast-moving frontier explored in a companion post.

Door 3 — Decriminalization

Several California cities — Oakland, Santa Cruz, San Francisco, Berkeley, Eureka, Arcata — have made personal use the “lowest law-enforcement priority.” But decriminalization is not legalization: it does not create a legal market, license a provider, or shield a paid facilitation practice. San Diego has not acted — an open question for the region.

Where San Diego fits

San Diego sits at a unique crossroads — a large veteran population, UC San Diego research, and the Tijuana border. These are exactly the questions Wavelength, the San Diego Psychedelic Policy & Practice Collaborative, exists to work through.

Sources: FDA (2026); UC Berkeley Law & Policy Map; Gonzales v. O Centro, 546 U.S. 418 (2006). Educational only; not legal advice.