The Utah State Legislature just passed a wise and forward-looking measure called SB83, sponsored by Sen. Evan Vickers, R-Cedar City, and Rep. Logan Monson, R-Blanding. It is a simple law that allows certain previously prohibited drugs to become legal for medical purposes once fully tested and approved by the Federal Food and Drug Administration (FDA).
SB83 ensures that when the federal government approves and reschedules a new medication, Utah follows suit immediately. If the FDA determines a treatment is safe and effective and the Drug Enforcement Administration (DEA) assigns it a medical schedule, Utah will treat it the same way. This means patients and physicians are not left waiting for state law to catch up — it will save lives.
We are currently living through a mental health crisis. More than 1 in 5 Americans suffer from a serious mental health condition. Over 49,000 Americans die by suicide each year. Among veterans — who often deal with mental health issues such as PTSD and anxiety when they return home — 17 die by suicide every day. PTSD and Major Depressive Disorder (MDD) remain undertreated, and the medications we rely on today were developed decades ago. For many who are struggling, those outdated treatments are insufficient.
As a physician treating substance use disorders, I know that one of medicine’s most challenging areas is Treatment-Resistant Depression (TRD), including MDD and General Anxiety Disorder (GAD). Both are chronic conditions, are very difficult to treat and often contribute to addiction. But despite the desperate need, very few truly new medications have come onto the market in the past 20 years to address them.
While not yet legally available, psychedelics show promise for these conditions. Personally, I was very skeptical when the repurposed drug ketamine first emerged. But its off-label use has proven its value. It is now often an important component in my field of addiction treatment, delivering positive results in treating chronic depression and anxiety, even PTSD.
Over the past few years, there have been various bills proposed in the legislature to loosen controls on psilocybin, or magic mushrooms. Anecdotal evidence is no substitute for scientific research and data, but popular sentiment can be powerful.
Twice I testified in committees against the passage of those bills. In my testimony, I indicated that psilocybin may very well have therapeutic applications in the future, but that passing random bills to relax legal restrictions piecemeal was not the way to proceed. There were too many questions about dosing, purity and safety. I said then that the FDA process is very good at proving safety and efficacy and should be followed. New drugs pass through rigorous screening and costly research; only then do some of them come to market.
Luckily, there are several drug sponsors developing new treatments for serious mental diagnoses that have received Breakthrough Therapy Designation (an FDA pathway), reflecting both the severity of unmet need and the strength of emerging data. One company called Compass Pathways is seeking approval for a synthesized form of psilocybin that shows promise. Another, Definium Therapeutics, has a novel formulation of the hallucinogen LSD that requires only a single, professionally administered dose to treat MDD or GAD. Some extremely promising trials have taken place right here in Utah, so it makes sense to clear a legal path to proper, regulated medical use through SB83.
Pharma and the FDA have certainly received their share of scrutiny and criticism, some of it well deserved. That said, I still believe that the FDA process provides us with the safest and most innovative drug market in the world, imperfect though it may be.
My argument has always been that any psychedelic drug should first pass through the FDA’s rigorous process prior to any state-level approval. SB83 creates the conditions under Utah law for the state to adopt that federal approval, if and when the FDA grants a drug for a specific medical purpose, under the existing protocols for controlled prescription drugs. Such drugs will remain illegal for street sale or use, as before.
As a doctor working in these challenging areas, I strongly endorse the wise approach taken by the Utah State Legislature. Their action is prudent and measured, and I believe it will safely lead to relief and recovery for many thousands of suffering Utahns. It is good that the door is now open.