san francisco psychedelics

What Does San Francisco’s Decriminalization Resolution Actually Do?

On September 6, 2022, the San Francisco Board of Supervisors unanimously voted to pass a resolution aimed at decriminalizing psychedelics. This is yet another victory in the battle against prohibition. But it’s important to remember that decriminalization is very different from legalization– just see my older summary of a host of decriminalization efforts. Decriminalization does

decriminalize psychedelics

California Won’t Decriminalize Psychedelics This Year

In 2021, California State Senator Scott Wiener introduced SB-519, a statewide psychedelics decriminalization bill. Senator Wiener didn’t have the support to push the bill all the way forward in 2021, so he gathered momentum for a 2022 vote. After a gutting by the California Assembly, the state won’t decriminalize psychedelics in 2022. I’ve regularly blogged on

psychedelics decriminalization

California Psychedelics Decriminalization Bill Gets Revived

A statewide psychedelics decriminalization bill that’s been on pause for almost a year was recently set for a legislative hearing next month. This is huge news for California psychedelics advocates, even if we don’t have a ton of information on what is likely to happen just yet. In 2021, California State Senator Scott Wiener introduced

fee splitting ketamine clinic

Fee Splitting and Ketamine Clinics: Doctors and MSOs Beware!

One of the primary restrictions that ketamine clinics run into when retaining a Management Services Organization (MSO) are fee-splitting prohibitions. Fee splitting is a state law concept and can vary from state to state. In some instances, though, fee-splitting can also lead to issues under the federal healthcare fraud and abuse laws, as discussed below.

california psychedelics update

California Psychedelics Update

I recently published a nationwide psychedelics law roundup post. But in doing so, I realized that it’s been a while since we did a comprehensive California psychedelics update. Today, I’ll walk through the two key proposed California psychedelics laws and where they stand. California’s push to decriminalize (almost) all psychedelics In 2021, California Senator Scott

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California Psychedelic Law Updates

It’s been a while since I provided an update on the state of California psychedelics law, but there have been a few important updates in the last few weeks, so it’s now that time. Before jumping in, I’ll remind readers that currently, all psychedelics are illegal under federal law unless a person has received an

Ketamine Clinics: What is a “Referral” Under the Federal Anti-Kickback Statute?

California Ketamine Clinics: Implications From Epic Medical Management, LLC v. Paquette

The corporate practice of medicine doctrine (“CPOM”) and state anti-kickback prohibitions vary from state to state. While some states have statutory prohibitions, other states rely upon case law for CPOM. These issues are typically not heavily litigated. When there is case law covering these subjects, it is imperative to review and understand these decisions. They

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Ketamine, Internet Prescribing, and Telehealth– Say What?

The recent uptick in ketamine clinic and management service organization (“MSO”) clients at our law firm is pretty significant. It’s understandable given the groundswell of momentum behind state and local legalization and decriminalization of certain other psychedelics. Many companies that are exploring psychedelic medicines are making their way into the ketmaine space. Unlike psilocybin though

California Psychedelics senate

Psychedelics Legislation Advances in California

Earlier this year, I wrote a post entitled “California May Decriminalize Psychedelics”. My post discussed a piece of legislation that was introduced (SB-519), which would decriminalize a host of psychedelic drugs. You can read about what exactly SB-519 would do in my prior post, but I want to again emphasize that the bill in its

california legalize psychedelics

California May Decriminalize Psychedelics

On February 17, 2021, California Senator Scott Wiener introduced SB-519, a bill that if passed, would decriminalize a host of both natural and synthetic psychedelic drugs. In this post, I’ll unpack what the law would do in its current form. Before I get into the specifics of the bill, there are three things that are