Change in Classification of Psychadelic Drugs

Over the weekend (on 1 July 2023) the Therapeutic Goods Administration (TGA), Australia’s medicines regulator, has downgraded the classification of two popular psychedelic substances: MDMA (3,4-methylenedioxy-methamphetamine), commonly known as ecstasy; and psylocibin, the active ingredient in ‘magic mushrooms’.

The TGA will now permit psychiatrists to prescribe MDMA for the treatment of post-traumatic stress disorder and psilocybin for treatment resistant depression. This comes after years of testing in the UK and these mental health conditions are the only two that have shown tangible benefits in treatment results using the drugs. The drugs will be downgraded from Schedule 9 (Prohibited Substances) under the Therapeutic Goods Act 1989 (Cth) and the Therapeutic Good (Poisons Standard – July 2023) Instrument 2023(Cth) to Schedule 8 (Controlled Drugs) but only for the purpose of human therapy for the listed conditions. The substances will otherwise remain under Schedule 9 for the general population.

This doesn’t mean you can rush out to your neighbourhood psychiatrist to get yourself a prescription, prescribers will need to be approved and registered with TGA through an Authorised Prescriber Scheme and there do not yet appear to be any products available that are approved for use for prescription.

If you find yourself in trouble for illicit or prescribed substances, be sure to give the team at Mitchell & Co Lawyers a call before you do anything else!