Psychedelics Law Attorney

In recent years, there has been growing momentum across the United States toward reexamining the legal and medical status of psychedelic substances. While federal law still classifies most psychedelics as controlled substances, some states have begun to create pathways for therapeutic use. New York is part of that conversation, though it remains early in the process.Currently, the only psychedelic-based treatments legally available for prescription in New York are ketamine, used off-label in many mental health clinics, and Spravato, an FDA-approved nasal spray derived from the esketamine molecule. 

At DPL, we assist medical professionals and behavioral health providers with the legal and regulatory framework involved in offering ketamine-based therapy. That includes helping clients establish new ketamine clinics, advising on licensing and compliance issues, and reviewing patient treatment protocols for legal risk.

How Can We Help?

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                  Broad Health Law Expertise 

                  Healthcare law both flexibility and regulatory knowledge. We bring both to the table. Our health law experience allows us to address not just clinic formation and provider liability, but also how to integrate ketamine therapy into a broader care model alongside psychiatric and behavioral health services.

                  Preparing for a Shifting Legal Landscape

                  Several legislative proposals are currently pending in Albany that would allow for broader use of psychedelics, either for therapeutic use under clinical supervision or for limited personal use, similar to measures already adopted in Oregon and Colorado.

                  We continue to monitor these developments closely on behalf of our clients. If and when new substances such as psilocybin, MDMA, or others become legally accessible in New York, DPL will be ready to assist healthcare providers in understanding and complying with the new legal framework. Whether a provider is planning to incorporate psychedelic therapy into a licensed practice or simply wants to stay ahead of emerging regulations, our firm is positioned to advise at every stage.

                  Understanding the Tension Between State and Federal Law

                  Even if New York changes its laws, federal classification of psychedelics remains a central legal concern. Many psychedelics are still considered Schedule I substances under the federal Controlled Substances Act, which creates potential risks even in states that adopt more permissive rules.

                  We help New York providers understand how this legal tension may affect their operations, especially those affiliated with federally regulated healthcare entities, billing programs, or insurance networks. Our legal guidance takes into account how federal enforcement priorities can shift and how providers might protect themselves while participating in lawful state-level programs.

                  Ongoing Counsel for a Rapidly Evolving Field

                  As psychedelic therapies continue to enter the mainstream discussion, providers will need legal advisors who can translate emerging laws into actionable guidance. Whether you’re launching a ketamine clinic today or evaluating future opportunities in psychedelic care, DPL offers experienced counsel to support compliance, reduce risk, and help you serve your patients with confidence.

                  For inquiries regarding psychedelics law, including current and future regulatory considerations, contact Shea Fitzekam, Esq.

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