Alaska adheres to the Controlled Substances Act (CSA), mirroring federal drug schedules which classify most psychedelics as Schedule I drugs. This classification indicates that substances like LSD, psilocybin, and MDMA are considered to have a high potential for abuse and no accepted medical use in treatment in the United States. Alaska’s specific drug scheduling can be found in the Alaska Statutes under Title 11.71, which aligns with federal guidelines but does allow for state-specific adjustments if new evidence or federal reclassification occurs.

The legal landscape around psychedelics is evolving in Alaska, particularly with new legislative efforts focused on examining the potential use of psychedelic substances for mental health treatment. Here’s an overview of the current status and proposed changes regarding psychedelics in Alaska:

• Pending Legislation: Psychedelic Medicine Task Force – Recently, significant legislative proposals have been introduced in Alaska which could pave the way for changes in how psychedelic substances are treated, particularly in the context of mental health treatment. House Bill 228 (HB 228) and Senate Bill 166 (SB 166), both introduced on January 8, 2024, propose the establishment of the Alaska Mental Health and Psychedelic Medicine Task Force. This task force is tasked with several objectives:

• Assessing Use for Mental Health: Exploring the potential use of psychedelic medicine in addressing the state’s ongoing mental health crisis.

• Barriers and Access: Considering barriers to implementation and equitable access to psychedelic treatments.
• Licensing and Regulation: Evaluating and recommending licensing and insurance requirements for practitioners, should psychedelic medicines be reclassified federally and approved by the FDA.
• Legal and Regulatory Pathways: Discussing legal and regulatory pathways for the potential legalization of psychedelic medicines in Alaska and considering their effects on public health.

Public hearings for these bills have been held, with SB 166 opening for public testimony on February 2, 2024, after being introduced in the Judiciary, Labor & Commerce Committee. HB 228 has moved out of the Military and Veterans Affairs committee.

• Ketamine and Telehealth Laws – Ketamine, unlike many other psychedelics, is classified as a Schedule III substance under federal and state law due to its accepted medical use, particularly in anesthesia and recently in psychiatric treatment for conditions like treatment-resistant depression. In Alaska, the use of ketamine in medical settings is permitted under controlled conditions. With the rise of telehealth, Alaska has implemented regulations that allow for the prescription and administration of controlled substances through telehealth services. However, practitioners must comply with both state telehealth laws and federal DEA regulations, ensuring that they have an appropriate provider-patient relationship and that the telehealth platform used complies with privacy and security standards.
• Right to Try – The Alaska Right to Try Act, aligned with the federal Right to Try law, allows terminally ill patients to try investigational drugs that have completed Phase 1 of a clinical trial but are not yet approved by the FDA. This law potentially opens a pathway for patients to access certain psychedelic therapies that are still under clinical investigation. The details of this legislation and its application to specific psychedelic substances would depend on the ongoing clinical trials and their status in FDA approval processes.
• Religious Exemptions – Religious exemptions for the use of psychedelics are primarily governed by federal law, specifically the Religious Freedom Restoration Act (RFRA). This act has allowed certain religious groups to legally use psychedelics like ayahuasca as part of their religious practices. While Alaska does not have specific state laws providing further exemptions or guidance, these practices are permissible under federal law, provided that they meet the criteria set by the RFRA and are not in conflict with other state laws.

Alaska’s approach to the regulation of psychedelics remains conservative, adhering closely to federal guidelines. Any changes in the legal status of psychedelics for medical or recreational use would likely stem from changes at the federal level or significant advancements in clinical research demonstrating their therapeutic benefits.