Ecstatic profits. A socio-legal analysis of the commodification of indigenous peoples’ knowledge in the era of the ‘psychedelic renaissance’

Abstract

Western biomedicine is currently witnessing the peak of the second wave of psychedelic science. Due to the re-establishment of system-supported experimentation, increased state and private funding, legislative momentum, and cultural normalisation, this new phenomenon has gained itself a name reflecting its notable comeback – the psychedelic renaissance. But much like the historical Renaissance did not happen in a vacuum, neither does the contemporary one. Although academic and legal debates extensively address clinical trials from the biomedical perspective, they largely neglect the socio-legal consequences that this commercialisation imposes on Indigenous peoples who possess centuries-old wisdom regarding practices involving psychedelic plants. The following study aims to identify the extent to which the commercialisation of psychedelic-assisted therapies exploits the regulatory gaps between international access and benefit-sharing (ABS) frameworks and intellectual property law. Additionally, this thesis examines what the economic, social, and cultural implications of said commercialisation are for Indigenous communities’ self-determination. For this purpose, the thesis employs a qualitative, socio-legal lens that combines a doctrinal analysis of legal instruments with a critical evaluation of policy documents and Indigenous position papers. The study concludes that due to the highly imbalanced intellectual property regime and the administration-oriented, passive ABS mechanisms, the economic, social, and cultural self-determination of Indigenous peoples is weakened. The thesis also provides concrete policy proposals regarding the expected decriminalisation of psychedelic substances and the unfolding of the ‘psychedelic renaissance’. Key words: Indigenous knowledge, Indigenous rights, psychedelic renaissance, intellectual property rights, patent law, access and benefit sharing, biotechnology