Psychedelic reform bills are popping up like mushrooms after a rain shower all around the country.
Medical marijuana remains up in the air in Mississippi, the South Dakota Senate has blocked the governor's efforts to delay implementation of a voter-approved medical marijuana initiative, and more.
A pair of northern California cops preyed like vultures on traffic coming from the state's marijuana producing regions, a trio of South Carolina head for federal prison over their dirty doings, and more.
New Mexico lawmakers have less than a week to get their act together and legalize marijuana, Republican US senators target drug cartels with a new bill, a fight is brewing over no-knock raids and warrants in the Kentucky House, and more.
A second marijuana legalization bill gets filed in Texas, New York's push to legalize marijuana hits a slight bump in the road, and more.
There are still more than 40,000 marijuana offenders behind bars in the US, Oregon's governor names the members of the state's Psilocybin Advisory Board, Australia moves toward clinical trials of psychedelics, and more.
A new front in the war against the war on drugs has opened up. It has been less than two years since voters in Denver decriminalized the possession of magic mushrooms, but since then, a number of cities have moved in a similar direction. More dramatically, in last November's elections, Oregon voted to allow the therapeutic use of psilocybin, the primary active ingredient in those mushrooms (as well as voting to decriminalize the possession of all drugs) and Washington, DC, voted to effectively decriminalize "natural entheogens" by making them the lowest law enforcement priority.
Psilocbye mexicana. A magic mushroom. (Creative Commons)
This year, psychedelic reform is making its way to statehouses around the country -- and it has already scored its first victory in New Jersey (see below). Spurred by the potential of psychedelics in treating mental health disorders as well as by the dawning recognition that these drugs are just not that dangerous, and just possibly the racial and class composition of psychedelic aficionados, the movement to end the war on psychedelics is buzzing like never before.
The movement is not without controversy even among drug reformers, with some decrying "psychedelic exceptionalism" and demanding the decriminalization of all drugs, and others wondering why natural psychedelics like psilocybin should be treated differently from synthetic ones like LSD, but those debates are for another article. Here, we simply marvel at the rapid movement on the psychedelic front as we review what is popping up in the state legislatures.
And here is what is going on (with a big tip of the hat to Marijuana Moment, which provides a list of marijuana, psychedelic, and other drug reform bills to its paying subscribers):
California -- Psychedelic Decriminalization
Sen. Scott Weiner (D-San Francisco) and three cosponsors have filed Senate Bill 519, which would make it legal for persons 21 and over to possess and share psilocybin and psilocyin, DMT, ibogaine, mescaline, LSD, ketamine, and MDMA. The bill would also mandate that the Department of Public Health create a working group to make recommendations to the legislature on the regulation and therapeutic use of these substances. The bill has been referred to the Public Safety and Health committees and is set for a hearing on April 6.
Connecticut -- Psilocybin Health Benefits Study
Rep. Josh Elliott (D-Hamden) and five cosponsors have filed HB 06296, which would create a task force to study the health benefits of psilocybin. The measure has been before the Joint Committee on Public Health since January 29.
Florida -- Therapeutic Psilocbyin
Reps. Mike Grieco (D-Miami-Dade) and Nick Duran (D-Miami-Dade) have filed HO549, which would create a path for the use of psilocybin as a mental health treatment by establishing a Psilocybin Advisory Board and ordering the Health Department to adopt rules and regulations and exceptions for the therapeutic administration of psilocybin. The bill would also make psilocybin possession offenses the lowest law enforcement priority. It is now in the Professions and Public Health Services Subcommittee of the Health and Human Services Committee, and has also been referred to two more subcommittees.
Iowa -- Therapeutic Psilocybin
Rep. Jeff Shipley (R-Birmingham) has filed House File 636, which would create the Psilocybin Services Act with the Department of Public Health in charge of developing rules and regulations allowing for the therapeutic administration of psilocybin. The bill envisions licensed psilocybin service centers, psilocybin service facilitators, and psilocybin testing laboratories. It is currently before the Senate Public Safety Committee. The bill is a fallback for Shipley, whose earlier House File 459, which would have simply decriminalized psilocybin and psilocyin, has already been killed in subcommittee.
New Jersey -- Reducing Psilocybin Penalties
Senator Nick Scutari (D-Linden) filed S3256, which lessens the penalty for the possession of any amount of psilocybin from a third degree misdemeanor to a disorderly persons offense punishable by up to six months in jail and/or a $1,000 fine. The bill passed both the Assembly and the Senate and was signed into law by Gov. Phil Murphy (D) in February.
New York -- Psilocybin Decriminalization
Rep. Linda Rosenthal (D-Manhattan) has filed AO6065, which would decriminalize psilocybin and psilocin by deleting them from the state's register of controlled substances. The bill was referred to the Assembly Health Committee on March 8.
Texas -- Therapeutic Study
State Rep. Steve Dominguez (D-Brownsville) has filed House Bill 1802, which calls for a study by the Health Department and the Texas Medical Board of the therapeutic efficacy of alternative therapies including MDMA, psilocybin, and ketamine for the treatment of mental health and other medical conditions, including chronic pain and migraines. The bill was referred to the House Public Health Committee on March 11.
Vermont -- Natural Psychedelic Decriminalization
Rep. Brian Cina (D) and nine cosponsors have filed H0309, which would decriminalize the possession of ayahuasca, DMT, ibogaine, peyote, and psilocybin and psilocin and "any plants or fungi containing the substances" by removing them from the state's schedule of regulated drugs. The bill has been in the Committee on the Judiciary since February.
We will have to check back on this once the legislators have gone home.
back to top
Medical marijuana remains up in the air in Mississippi, the South Dakota Senate has blocked the governor's efforts to delay implementation of a voter-approved medical marijuana initiative, and more.
GeorgiaGeorgia Medical Marijuana Expansion Bill Filed. State Rep. Pedro Marin (D-Duluth) has filed House Bill 738, which would make it legal to manufacture, produce and dispense medical marijuana to people who need it. "Currently, Georgia law only provides for the prescription of a limited low THC oil for Georgians with severe medical conditions," Marin said. "Legalizing medical marijuana, not just low THC oil, would benefit and help relieve pain that people living with serious medical conditions experience every day."
Mississippi
Mississippi House Kills Substitute Medical Marijuana Bill. The House last Wednesday killed Senate Bill 2765, which had been filed as a more restrictive alternative to the medical marijuana initiative approved by voters in November and now under challenge in the state Supreme Court.
Mississippi Senate Revives Substitute Medical Marijuana Bill Killed by House. After the House last Wednesday killed a bill to substitute for a voter-approved medical marijuana initiative, Senate Bill 2765, the Senate moved late last Wednesday night to revive it. Although SB 2765 is dead, Sen. Kevin Blackwell (R-South Haven) successfully amended another bill, House Bill 119, using the exact language in SB 2765.
New Mexico
New Mexico Senate Votes to Tighten Rules on Medical Marijuana. The state Senate has approved Senate Bill 340, which would prohibit sales to out-of-state residents who do not have a medical marijuana card issued in New Mexico. But first, it rejected an amendment that would have increased the daily sales limit for medical cannabis patients from three grams to two ounces. The bill now goes to the House Judiciary Committee, but the clock is ticking -- the legislative session ends on Saturday.
Oklahoma
Oklahoma House Passes Bill to Limit Medical Marijuana Businesses. The House has passed House Bill 2272, which would temporarily limit the number of medical marijuana business licenses for growers, processors, and dispensaries in the state. Bill author Rep. Josh West (R-Grove) said the bill was aimed at combatting the black market. "I think that we do have a thriving medical marijuana industry in the state of Oklahoma," West said. "At the same time, we have a thriving black market industry in the state of Oklahoma too so this may not stop it completely, but I think this slows it down." There are currently more than 10,000 licensed medical marijuana businesses in the state.
South Dakota
South Dakota Senate Blocks Governor's Effort to Delay Medical Marijuana Rollout. The state Senate has killed Gov. Kristi Noem's (R) effort to delay implementation of the Measure 26 medical marijuana initiative approved by voters in November. The House had already passed House Bill 1100, which would have enacted the delay, but the Senate amended the bill to include immediate decriminalization, and when the two chambers were unable to reach a compromise last Wednesday, the bill died.
back to top
A pair of northern California cops preyed like vultures on traffic coming from the state's marijuana producing regions, a trio of South Carolina head for federal prison over their dirty doings, and more. Let's get to it:
In St. Louis,
a former St. Louis police officer was arrested November 2 (but the charges remained unpublicized until this week) with illegally searching a man, accusing him of dealing drugs, and stealing more than $200 in cash from his backpack -- all while off duty. Kevin Baroni, 35, is charged with theft and misdemeanor kidnapping for chasing the victim down, cornering him in an alley, and then taking his money. The criminal charges only came to light after the victim filed a civil lawsuit last month.
In San Francisco, two former Rohnert Park police officers were arrested last Friday on charges they engaged in a years-long scheme to pull over travelers on Highway 101 and steal their cash and marijuana. Brendon Jacy Tatum and Joseph Huffaker were assigned to Rohnert Park's drug interdiction team at various times between 2015 and 2017, but a number of drivers they stopped had paperwork to document that they were transporting legal marijuana and Tatum and Huffaker seized their marijuana or cash anyway, without reporting the seizures or turning in the seized items. They are now facing federal corruption charges of conspiracy, extortion, falsification of records and tax evasion.
In Columbia, South Carolina, three former Orangeburg County sheriff's deputies were sentenced Monday to multi-year federal prison terms for their role in a narcotics conspiracy. Former deputies Carolyn Colter Franklin, 64; Allan Hunter, 52; and Nathaniel Miller Shazier, III, 29, went down for conspiring with people they believed to be members of a Mexican drug cartel but were actually undercover FBI agents. The three agreed to help protect trucks containing what they believed were drug proceeds derived from narcotics distribution and they agreed to help protect trucks containing kilogram quantities of mefthamphetamine and cocaine in the future. The three are the last of six Orangeburg County law enforcement officers to be sentenced to prison in the FBI sting, dubbed "Operation Iceberg," which also snared a security guard.
back to top
New Mexico lawmakers have less than a week to get their act together and legalize marijuana, Republican US senators target drug cartels with a new bill, a fight is brewing over no-knock raids and warrants in the Kentucky House, and more.
Magic mushrooms and other natural psychedelics are now the lowest law enforcement priority in DC. (Creative Commons)
New Mexico Hits Stalemate on Marijuana Legalization. With the legislative session set to end this week, lawmakers remained at loggerheads Monday over two competing marijuana legalization bills. A hearing set for Sunday was called off minutes before it was set to begin, as lawmakers diverge on issues around taxations, licensing, and expungement for past convictions. The two measures under consideration are Senate Bill 288 and House Bill12.
Wyoming Marijuana Legalization Bill Wins Committee Vote. The House Judiciary Committee voted last Friday to approve a marijuana legalization bill, House Bill 209. That is the first time any marijuana legalization effort has advanced in the state legislature. The bill now heads to the House floor.
Psychedelics
DC Psychedelic Deprioritization Initiative Now in Effect. As of Monday, possession or use of a wide range of natural psychedelics is now the lowest priority for law enforcement in the nation's capital. That's because a voter-approved natural psychedelic initiative has gone into effect.
Law Enforcement
GOP Senators File Bill Targeting Drug Cartels. Senators Marsha Blackburn (R-TN), Tom Cotton (R-AR), Josh Hawley (R-MO), and Ben Sasse (R-NE) have introduced the Significant Transnational Criminal Organization Designation Act, legislation that would subject certain foreign criminal organizations like drug cartels to sanctions, including immigration, financial, and criminal penalties. Similar legislation is being sponsored in the House by Rep. Mike Gallagher (R-WI). The process would be similar to the system used for designating entities as Foreign Terrorist Organizations (FTOs). "Criminal organizations and drug cartels that terrorize our communities and wage war at our borders ought to be treated just like terrorist groups in the eyes of the US government. This bill would help stop cartel violence by ensuring these groups-and anyone who helps them-face dire consequences for their actions," said Cotton. The bill is not yet avialable on the congressional web site.
Sentencing
California Bill Would Allow Forced Drug Treatment for Drug Offenders. A bill that would allow a pilot "secured residential treatment program" in Yolo County, near Sacramento, is drawing increasing concern. Assembly Bill 1542, sponsored by Assemblyman Kevin McCarty (D-Sacramento) would "authorize the court to divert an offender to confinement in a secured residential treatment facility if it determines that the crime was caused in whole or in part by that individual's substance abuse." The bill has drawn the ire of critics such as JusticeLA, which warned that "AB 1542 would implement a pilot program in Yolo County that could easily become a statewide model and would jail houseless community members for misdemeanors such as trespassing and minor thefts under the guise of offering treatment," the group warned. "The pilot program tries to sell punishment as treatment. Our communities call for supportive services for people with mental health conditions, including those related to substance abuse -- not a new mode of incarceration."
Kentucky Bill Restricting No-Knock Raids Faces Amendments in House. In the wake of the killing of Breonna Taylor in a botched drug raid last year, the Senate passed Senate Bill 4, which restricted no-knock warrants to cases where there is "clear and convincing" evidence of violent crime and to bar them between 10 p.m. and 6 a.m. Now the bill faces amendments from House Republicans and former police officers that would instead expand the use of such warrants. At the same time, House Democrats want to amend the bill to make it even more restrictive.
International
Four Mexican Police Officers Killed, Burned in Zacatecas. Presumed drug cartel gunmen opened fire on a police patrol in the north-central state of Zacatecas, killing four officers, then pouring gasoline on their patrol car and burning their bodies. State police said late last Thursday they had captured seven attackers and killed two others. Police also said they discovered a drug cartel camp nearby. The state is increasingly a battle zone as remnant Zetas, the Gulf and Sinaloa cartels and the rival Jalisco New Generation cartel fight for control.
back to top
A second marijuana legalization bill gets filed in Texas, New York's push to legalize marijuana hits a slight bump in the road, and more.
Oklahoma has a whopping 10,000 licensed medical marijuana businesses. Some lawmakers say that's enough. (Creative Commons)
New York Marijuana Legalization Talks Stuck Over Impaired Driving Policy. Senate Majority Leader Andrea Stewart-Cousins (D) said Tuesday that talks over advancing marijuana legalization "reached a little bit of an impasse" over a provision on impaired driving. But she added that "I'm optimistic it can be resolved sooner rather than later" and that legalization is "a matter of when, not if."
Texas Representative Files Marijuana Legalization Bill. State Rep. Jessica Gonzalez (D-104) has filed a marijuana legalization bill, House Bill 3248. Under the bill, cities and counties would be able to adopt an ordinance allowing recreational use and sales, which would be taxed at 10%. Another marijuana legalization bill, House Bill 447, filed by Rep. Joe Moody (D-78), would legalize the possession of up to 2.5 ounces and allow for up to 15 plants to be grown for personal use.
Medical Marijuana
Georgia Medical Marijuana Expansion Bill Filed. State Rep. Pedro Marin (D-Duluth) has filed House Bill 738, which would make it legal to manufacture, produce and dispense medical marijuana to people who need it. "Currently, Georgia law only provides for the prescription of a limited low THC oil for Georgians with severe medical conditions," Marin said. "Legalizing medical marijuana, not just low THC oil, would benefit and help relieve pain that people living with serious medical conditions experience every day."
Oklahoma House Passes Bill to Limit Medical Marijuana Businesses. The House has passed House Bill 2272, which would temporarily limit the number of medical marijuana business licenses for growers, processors, and dispensaries in the state. Bill author Rep. Josh West (R-Grove) said the bill was aimed at combatting the black market. "I think that we do have a thriving medical marijuana industry in the state of Oklahoma," West said. "At the same time, we have a thriving black market industry in the state of Oklahoma too so this may not stop it completely, but I think this slows it down." There are currently more than 10,000 licensed medical marijuana businesses in the state.
Drug Treatment
COVID Relief Bill Contains $4 Billion for Drug Treatment and Mental Health. The American Rescue Plan Act (D) signed into law last week includes nearly $4 billion in emergency funding for substance use and mental health programs. Included is $1.5 billion in block grants for drug treatment and prevention, another $1.5 billion for mental health services block grants, and $420 million for expansion grants for certified community health clinics, among other programs. Increased stress amidst the pandemic has led to increased use of opioids and stimulants, according to the American Psychological Association.
back to top
There are still more than 40,000 marijuana offenders behind bars in the US, Oregon's governor names the members of the state's Psilocybin Advisory Board, Australia moves toward clinical trials of psychedelics, and more.
New Mexico lawmakers are busy at the Roundhouse in Santa Fe as the clock ticks down on the session. (Creative Commons)
More Than 40,000 Pot Prisoners in the USA. The Last Prisoner Project, which seeks to free incarcerated marijuana offenders, has been using a figure of 40,000 marijuana prisoners. That's decidedly an approximation -- the numbers readily available are 31,901 in state and federal prisons. But that doesn't include people in jails, juvenile facilities, or immigration detention centers, among others.
New Mexico Legislature Has Only Three Days to Legalize Marijuana. With the legislative session set to end on Saturday, Senate Judiciary Committee Chair Joseph Cervantes (D-Dona Ana County) said he's been told by the Senate leadership that one legalization bill, House Bill12, is undergoing changes before it's ready for committee; while another, Senate Bill 288, awaits its committee hearing. Cervantes said he will schedule a hearing as soon as committee members can analyze HB 12, and that even with a hearing as late as Friday, a bill could still pass.
Medical Marijuana
New Mexico Senate Votes to Tighten Rules on Medical Marijuana. The state Senate has approved Senate Bill 340, which would prohibit sales to out-of-state residents who do not have a medical marijuana card issued in New Mexico. But first, it rejected an amendment that would have increased the daily sales limit for medical cannabis patients from three grams to two ounces. The bill now goes to the House Judiciary Committee, but the clock is ticking -- the legislative session ends on Saturday.
Psychedelics
Oregon Governor Announces Membership of Oregon Psilocybin Advisory Board. Gov. Kate Brown (D) has named the people she wants to sit on the voter-approved Psilocybin Advisory Board, which is charged with developing rules and regulations to govern the practice of psilocybin therapeutics. Members include doctors, psychologists, harm reductionists, mycologists, and public health experts. The board's timeline includes making recommendations on regulations by June 2022 and beginning the issuance of licenses by January 2023.
International
Australian Federal Government to Fund Psychedelic Drug Trials to Treat Mental Illness. The Australian government will fund clinical trials using magic mushrooms, ecstasy and other psychedelic drugs to treat mental illness, Assistant Minister for Mental Health David Coleman said Wednesday. Although final approval must come from the Therapeutic Goods Administration (the equivalent to the US FDA), the government is allocating $15 million to get moving. "It's still at an early stage of clinical trials, but the US administration is accelerating their trials, so let's do some trials and further investigate this area because they show some promise," he said.
back to top
