Unofficial psychedelic-assisted therapy in Slovenian legal framework

TITLE: Unofficial psychedelic-assisted therapy in Slovenian legal framework

PROJECT CODE: J5-50170

PROJECT MANAGER: doc. dr. Miha Hafner

COORDINATOR: 583 - Univerza v Ljubljani, Pravna fakulteta

PROJECT PARTNERS:

• 504 - Institute of Criminology at the Faculty of Law in Ljubljana
• 1620 - University Psyhiatric Hospital

TRAJANJE PROJEKTA: 1. 10. 2023 - 30. 9. 2026

SESTAVA PROJEKTNE SKUPINE:

583 - University of Ljubljana, Faculty of Law:

• 36378 - dr. Miha Hafner 
• 53636 - Nejc Urankar 
• 53535 - dr. Lora Briški 

504 - Institute of Criminology at the Faculty of Law in Ljubljana:

• 6979 - dr. Renata Salecl 
• 6978 - dr. Zoran Kanduč 
• 53958 - dr. Kristina Čufar 
• 56002 - Aleksej Jankovič 

 1620 - University Psyhiatric Hospital:

• 22235 - dr. Borut Škodlar 
• 51786 - dr. Mirjana Delić 
• 18963 - mag. Andrej Kastelic 
• 33621 - dr. Jurij Bon 

SCOPE OF FUNDING: 1286 annual research hours in price category A for a period of 3 years (0.76 FTE)

FINANCERS:

Officially unrecognised therapies and shamanic rituals involving psychedelics are becoming increasingly popular, raising various legal questions. Therefore, a study in the sociology of law that addresses the gap in the literature and in legal regulation is necessary to identify the legal and factual problems associated with the existing legal framework.
Psychedelics are banned as Schedule I drugs under UN regulations, and most countries' existing legal frameworks take the same approach to all prohibited drugs. However, substances such as LSD, psilocybin, mescaline, and DMT do not cause widespread social problems such as chemical addiction or death from overdose. Psychedelics are used in specific contexts, often to achieve mental well-being and spiritual growth. Nevertheless, these powerful substances also pose serious risks to the cognitive and psychological health of users that should not be underestimated. The therapeutic potential of psychedelics for treating depression, addiction, and other disorders has been widely discussed in the media, prompting many to experiment with psychedelics in non-medical settings. The European Monitoring Centre for Drugs and Drug Addiction reports signs of increased harm associated with psychedelics and emphasises the growing importance of improvements in monitoring capabilities. Monitoring capabilities are also severely limited in Slovenia, as both regulatory institutions and academic research primarily do not focus on psychedelics. Therefore, the specificities of psychedelic use and the risks associated with it must be taken into account if we want to establish effective regimes of legal responsibility, user protection, prevention, scientific research, and access to balanced information.
In this project, we will assess whether the current legal framework in Slovenia regarding psychedelics takes into account the specificities of therapeutic and ceremonial use of psychedelics and responds appropriately to the associated risks and dangers. The perceptions and views of stakeholders are essential for shedding light on the legal framework and its possible shortcomings; Therefore, empirical sociological and legal research into stakeholders' perceptions of the legal system and strategies for circumventing these shortcomings is an essential part of a comprehensive assessment of the existing regulatory approach. This project will analyse existing legislation (de jure) and the situation in society (de facto). We will examine which regulatory approaches to illicit drugs in general and psychedelic substances in particular promise the most significant harm reduction, establish clear legal responsibility, and ensure the most essential safety for the population. The inadequate regulation of psychotherapy in Slovenia and its consequences for officially unrecognised therapies with psychedelics will also be discussed.
The research group will: (i) investigate the prevalence of officially unrecognized therapies with psychedelics and shamanic rituals in Slovenia and assess their legal consequences; (ii) analyze the current legal framework governing psychedelics in Slovenia and identify the risks and benefits of different regulatory approaches; (iii) conduct comparative legal analyses of the consequences of different models of regulation of prohibited substances; (iv) conduct empirical sociological and legal analyses (interviews and surveys) on the attitudes of different stakeholder groups towards the regulation of psychedelics; (v) identify weaknesses in the ability to monitor the use of psychedelics in Slovenia; (vi) enable an open, scientifically based dialogue on the therapeutic use, abuse, and regulation of psychedelics, involving various stakeholders.
A special focus on the legal regulation of psychedelics is necessary in the current social climate, where the popularisation of the therapeutic potential of psychedelics is encouraging a re-evaluation of current normative regimes, the classification of psychedelics within them, and growing interest in psychedelics among the general public.

Phase 1 (months 1–36) – coordination and financial management:

• Activities: establishing a management structure for the successful implementation of project activities, a method for transferring information between researchers (internal communication), a method for implementing the project, and interim internal evaluations of the success of project implementation and the accounting system; coordination and reporting on project activities; financial management and reporting.

Phase 2 (months 1–28) – review of positive law:

• Activities: analysis of applicable supranational (UN and EU) and national (Slovenia) legislative frameworks; comparative legal analysis of cannabis regulation; synthesis and evaluation of results.

Phase 3 (1–18 months) – theoretical and scientific foundations of legal approaches to illicit drugs:

• Activities: review of legal, political, criminological, and social theories; review of existing medical studies on psychedelics.

Phase 4 (months 6–36) – socio-legal analysis of unofficial psychedelic therapy in Slovenia:

• Activities: analysis of the actual functioning of the prohibition of psychedelics in practice; definition of the legal consequences of unofficial therapeutic use of psychedelics, both for consumers and providers in different environments.

Phase 5 (25th–36th month) – synthesis and evaluation of results:

• Activities: compilation of a comprehensive study that will present the phenomena of psychedelic treatment and shamanic rituals with psychedelics and their legal consequences; assessment of the current legal framework and possible alternatives; definition of the problems and gaps in the current system.

Phase 6 (months 1–36) – synthesis and evaluation of results:

• Activities: dissemination of information about the project to inform stakeholders and the wider public; publication of scientific and professional results; transfer and dissemination of knowledge.
• Results: organization of and participation in scientific conferences and professional workshops; 4 scientific articles and four short articles published in professional journals; publication of a scientific monograph; website and social networks; national symposium; education.