Artificial intelligence (AI) is rapidly transforming various sectors, including the practice of psychedelic therapy and coaching. This evolution presents both challenges and opportunities for practitioners, particularly concerning online content moderation, payment processing, and legal compliance. Victoria J. Cvitanovic, a legal expert specializing in social media and AI, discussed these critical issues with Paul Austin, founder of Third Wave and the Psychedelic Coaching Institute.

Understanding AI and its Impact on Content Moderation

At its core, AI is the simulation of human intelligence in machines, enabling them to perform complex tasks. Machine learning, a subset of AI, allows these systems to learn from data rather than being explicitly programmed. Generative AI, commonly used in tools like ChatGPT, creates new content based on user input. Agentic AI, a more advanced form, can perform multi-step tasks autonomously, such as responding to emails or scheduling meetings.

A significant shift observed in the past five months is the increased reliance on agentic AI for content moderation across platforms like Meta. These AI systems often act as the primary, and sometimes sole, arbiters of content, leading to a reduction in human review. This can result in the loss of nuance and the perpetuation of errors, as AI may misinterpret content due to its inability to grasp subtlety. For instance, the presence of terms like "psychedelics" near a QR code or link might be flagged as a sale.

The increasing sophistication of multimodal moderation means AI can now analyze not only text and spoken words but also background music, on-screen slides, and links in pinned comments and captions. This expansive view of content, while beneficial for security, can lead to stricter enforcement. Examples include practitioners being flagged for having books on psychedelic topics visible on their bookshelves during video calls.

Payment Processors and Risk Management

Payment processors like Stripe and PayPal play a crucial role in the financial operations of practitioners. These platforms often have terms and conditions that are broader than legal restrictions, allowing them to restrict services based on perceived risk. Their primary focus is on risk analysis to protect themselves from liability, rather than solely on legal compliance.

When a practitioner's account is flagged or frozen, it is often due to AI systems identifying language deemed risky, even if it is not illegal. For example, describing retreats in countries where certain substances are legal might still trigger flags if the processor views it as risky due to U.S. regulations. Practitioners must be explicit in their product descriptions, clearly differentiating between purchasing a book about a practice and purchasing supplies for that practice.

If funds are frozen, the initial steps involve remaining calm, contacting the payment processor's risk or compliance team, obtaining a case number, and requesting specific reasons for the hold and the relevant terms of service. Practitioners should also review their agreements regarding hold periods and dispute rights. While direct bank disputes should be avoided initially, contacting payroll providers for bridge options and exploring business lines of credit can help manage immediate financial needs. Formally disputing the hold with supporting documentation and, if necessary, filing a complaint with the Consumer Financial Protection Bureau (CFPB) are subsequent steps. Legal counsel should be considered if the hold exceeds contractual limits, reasons are withheld, a termination notice is issued, or the frozen amount causes irreparable business harm.

Future-Proofing and Legal Compliance

In anticipation of evolving AI and privacy legislation, such as the Colorado AI Act and the EU AI Act, practitioners must prioritize basic governance. This includes ensuring website terms and conditions accurately reflect current practices, implementing clear cookie policies, and conducting accessibility checks to mitigate risks of demand letters from plaintiff's attorneys.

Understanding that compliance obligations extend beyond one's geographical location to the location of the data subject is crucial. Practitioners must be aware of where their website visitors are located to ensure compliance with relevant data privacy laws. Furthermore, caution is advised regarding the use of AI tools in meetings, as information shared with third-party AI services may lose privacy protections.

The Impact of FDA Approval on Psychedelic Content

The potential FDA approval of psychedelic medications for conditions like depression and PTSD is unlikely to immediately lead to less restrictive content moderation policies on social media platforms. Recent significant judgments against platforms like Meta and Google for content and safety standards suggest a trend towards increased scrutiny.

Cvitanovic speculates that platforms will likely revise their terms and conditions to reduce litigation risk. While FDA approval may offer some risk reduction for discussing psychedelics, the overarching emphasis on child safety on these platforms is expected to lead to greater, not fewer, restrictions on content related to entheogens and other psychedelics.

The "Church Route" and Sincerity

The idea of forming a church to gain legal protection or avoid censorship is complex. While some believe it offers a shield, AI-driven censorship on platforms can still affect legally operating entities, including religious organizations, due to a lack of nuanced understanding.

Forming a church solely for legal protection is cautioned against. Demonstrating sincere religious practice and adherence to regulations, particularly concerning diversion controls for substances, is paramount. Cases like U.S. v. Cody illustrate that even well-intentioned religious organizations can face legal challenges if their practices are not meticulously documented and verified, especially if members' participation is perceived as health-related rather than purely religious.

Safe Language and Platform Guidelines

Determining "safe" language for online content is challenging due to the probabilistic nature of AI. Practitioners are advised to consult the specific community standards and guidelines of platforms, paying close attention to phrasing around restricted goods and account integrity.

Avoiding language that suggests selling or promoting restricted substances is critical. For example, combining terms like "psychedelics webinar" with a call to action like "buy your ticket" can be misinterpreted by AI as an attempt to sell psychedelics, leading to content removal. The entheogen policies on platforms like Meta are often brief, focusing on prohibitions against buying, selling, or trading. Practitioners should align their language with platform guidelines and be mindful of how their content might be associated with links or calls to action.

Seeking Professional Support

For practitioners facing challenges with payment processors, social media platforms, or legal compliance, seeking professional assistance is recommended. Victoria J. Cvitanovic offers consultations through her law firm, Rudek Law Group, and can be contacted via email or through their website. Her expertise lies in helping individuals and businesses navigate the complexities of social media, AI, and legal frameworks within the psychedelic space.