Contributed By Dentons Cardenas & Cardenas
In Colombia, regulations regarding psychedelic substances, including those for medicinal use, are influenced by national drug laws and the policy on the control of psychoactive substances. According to Law 30 of 1986, which regulates the use of psychoactive substances in the country, most psychedelic drugs are classified as prohibited for recreational use. This includes substances such as LSD, psilocybin, DMT (dimethyltryptamine) and mescaline. The law establishes that their possession, production, and commercialisation are illegal.
In Colombia, psychedelic medicines are primarily supervised by several health and regulatory authorities.
The primary institutions involved in the regulation and oversight of these substances include the following.
In Colombia, the regulation and oversight of psychedelic medicine, including clinical trials involving psychedelics, is subject to the broader framework of the country’s health and pharmaceutical regulations. While there are no specific self-regulatory bodies dedicated solely to the psychedelic medicine industry, several authorities oversee aspects of the industry through their regulation of pharmaceuticals, clinical trials, and controlled substances. The authorities and their scope of authority are presented below.
Although the psychedelic medicine market is emerging globally, in Colombia, the use of substances such as psilocybin, MDMA, and ayahuasca has been a subject of debate and experimentation in very specific contexts, such as scientific research, spiritual retreats, and some therapeutic treatments.
Colombia is one of the countries in Latin America with a relatively flexible regulatory context regarding the experimentation with controlled substances for therapeutic purposes. In recent years, legislation on the use of psychedelics has been evolving, driven by the growing evidence of the potential benefits of these substances in treating disorders such as depression, anxiety, and post-traumatic stress disorder.
Although there is not yet a formalised or legalised “market” for the commercialisation of psychedelic medicines in Colombia, there are ongoing initiatives aimed at creating legal frameworks for the medicinal use of these substances. The focus of these initiatives is more on clinical research and patient treatment than on the open sale of psychedelics to the general public.
In summary, the psychedelic medicine market in Colombia is in its early stages, primarily centred on scientific and therapeutic research, with growth prospects as legislation and studies on their effectiveness progress.
The psychedelic medicine market in Colombia, like in many other countries, presents both exciting opportunities and significant challenges. These challenges primarily stem from legal, regulatory, and social complexities associated with the use, production, and commercialisation of psychedelic substances.
The most notable challenges faced by market participants in Colombia are outlined below, with a particular focus on legal risks.
In Colombia, as in many other countries, the regulation and use of psychedelic medicines raise several cross-jurisdictional issues, primarily due to the complex intersection of national laws, international treaties, and emerging scientific research.
The following are some of the most significant cross-jurisdictional issues concerning psychedelic medicines in Colombia.
Access to psychedelic medicines in Colombia can be influenced by developments in other jurisdictions, but the situation is nuanced. While Colombia has its own legal framework and cultural context, global trends in the research, regulation, and decriminalisation of psychedelic substances can affect local perspectives, policies, and the potential for access. Here are a few ways this interaction may happen:
Global Research and Policy Shifts
Countries such as the US, Canada, the Netherlands and Brazil have seen significant developments regarding psychedelic medicine, particularly around psilocybin, MDMA, and other substances. These shifts can have a ripple effect on Colombia. Research findings, particularly those showing the medical benefits of psychedelics in treating mental health issues such as depression, PTSD and addiction, can inspire a broader conversation in Colombia about the potential benefits.
Cultural Exchange and Public Opinion
Colombia’s public opinion may be influenced by global shifts in the understanding of psychedelics, as these substances are increasingly viewed as therapeutic rather than recreational drugs in many parts of the world. As awareness about the mental health crises (such as depression, PTSD, and addiction) grows globally, Colombians may be more receptive to these ideas.
Regional Cooperation and Influence
Given Colombia’s position in Latin America, where there are already a few countries exploring or advancing psychedelic research (eg, Brazil and Mexico), there may be regional influences at play. Brazil, for example, has allowed the medical use of psilocybin for certain conditions, and has hosted clinical trials on psychedelic therapy. If other Latin American countries move forward with psychedelic medicines, it may prompt Colombia to follow suit.
Colombia is also part of international networks where medical and policy trends regarding psychedelics in other Latin American countries may influence local lawmakers and regulators. For instance, discussions on drug decriminalisation or medical use in neighbouring countries could push Colombia to align its policies.
Legal and Regulatory Developments
Despite the global momentum towards psychedelic decriminalisation and medical legalisation, Colombia currently has strict regulations around illegal drugs, including those considered psychedelics (eg, psilocybin mushrooms). However, it has also been a part of international conversations about drug policy reform, so developments in places such as Canada or the US, where medical or regulated use of psychedelics has been legalised, might eventually push Colombia to adopt similar policies. These changes could take the form of:
Tourism and Indigenous Practices
In Colombia, like in other parts of Latin America, indigenous practices using psychedelics such as ayahuasca (a powerful psychoactive brew) have been legal for traditional and religious use. There has been growing interest in psychedelic tourism, and as other countries develop frameworks for psychedelic-assisted therapy or tourism, Colombia might be influenced to regulate and capitalise on this industry more formally, much like Brazil has done with ayahuasca tourism.
While the current legal framework in Colombia restricts access to most medical psychedelics, there is a discernible shift towards re-evaluating these policies. Discussions at both national and international levels suggest a growing openness to considering the medical benefits of psychedelics, which could lead to regulatory changes in the future. However, as of now, significant legal and regulatory hurdles remain.
Colombia has been actively engaging in discussions about drug policy reform, including the regulation of certain substances for medical use. The government’s stance has evolved over time, reflecting a growing recognition of the potential therapeutic benefits of substances like psychedelics.
In Colombia, the initial legislative route for regulating psychedelic medicines would follow the standard legislative process but involve additional considerations due to this particular segment’s sensitivity and overlap with existing drug laws, health regulations, and international treaties. The following is a snapshot of how the process might look.
Proposal Stage
Key Stakeholders for initiating the Bill:
Considerations for justification:
Drafting the Bill
Content of the Bill:
Responsibility for submission to Congress:
The likelihood of an “adult-use market” for psychedelic medicines in Colombia depends on several intersecting factors, including cultural, legal, political, and economic conditions.
An analysis of the current landscape and what a regulated recreational market might look like is presented below.
Factors Influencing Likelihood
Legal framework
Colombia has a long history with drug policy reform. While psychedelic substances like psilocybin remain controlled, Colombia has shown openness to progressive drug policies, such as its leadership in decriminalising personal possession of small amounts of certain drugs. Additionally, Colombia has already developed a regulated medical cannabis industry, which could serve as a template for psychedelic regulation. The country may also look to countries like Jamaica, the Netherlands, or Oregon in the US that have moved toward decriminalisation or regulation of psychedelics.
Political willpower
The political climate in Colombia is crucial. The current left-leaning government under President Gustavo Petro has emphasised harm reduction and public health approaches to drug use. Petro’s administration has also advocated for moving away from punitive drug policies toward regulation. This could create a pathway for conversations about regulated psychedelic use.
Indigenous and cultural backdrop
Colombia is home to indigenous communities that have used psychedelics, such as ayahuasca and yagé, for centuries in spiritual and therapeutic practices. Recognition of these traditions may make the introduction of a regulated market more culturally acceptable, provided it respects indigenous rights and knowledge systems.
Public health and safety concerns
Colombian authorities would likely prioritise ensuring that an adult-use psychedelic market is regulated to prevent misuse, ensure product safety, and educate users. Harm-reduction policies, training for facilitators, and safe consumption environments would be essential.
Economic and tourism opportunities
A regulated market could be economically beneficial, especially for psychedelic tourism. Colombia’s biodiverse environment is conducive to producing natural psychedelics like psilocybin mushrooms, and its reputation as an emerging wellness destination could attract international visitors.
The emergence of an adult-use market for psychedelics in Colombia is plausible but not imminent. It would likely begin with decriminalisation and limited medical or therapeutic use, gradually expanding into recreational markets under stringent regulation. The success of such a market would depend on political will, cultural sensitivity, and public health considerations. If implemented thoughtfully, Colombia could become a global leader in the regulated use of natural psychedelics.
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