AZ MJ-Using Drivers Must Be Impaired to Face DUI, NJ Therapeutic Psilocybin Bill Advances, More... (10/10/24)

A Minnesota task force recommends decriminalizing psilocybin mushrooms, New Hampshire lawmakers reject therapeutic psychedelics bill, and more.

Psilocybin mushrooms are getting a lot of attention in state legislatures these days. (Greenoid/Flickr)

Marijuana Policy

Arizona Appeals Court Rules Marijuana Users Must Be "Impaired" to Face DUI Penalties. The state Court of Appeals has ruled that the state cannot suspend someone's driver's license solely because of the presence of THC in their bloodstream. Instead, authorities must show that the driver was actually impaired.

The ruling came in the case of Aaron Kirsten, whose license was suspended for 90 days after he tested positive for THC during a traffic stop. He filed an administrative appeal saying he had not ingested marijuana for at at least 24 hours and that he was not impaired, but the administrative judge said that was "irrelevant." The Maricopa County Superior Court agreed.

But the appellate court said the lower courts were mistaken and had ignored voter-approved laws that bar the state from punishing drivers who had used marijuana but were not impaired at the time of contact with law enforcement.

"This reinforces our understanding of the voters' intent, expressed through their enactment of Proposition 207, that unimpaired driving after consuming marijuana cannot be penalized," the unanimous three-judge panel wrote.

Psychedelics

Minnesota Task Force Recommends Decriminalizing Psilocybin Mushrooms. The state legislature created the Psychedelic Medicine Task Force to assess the potential therapeutic use of psychedelics and recommend appropriate changes to state law based on that assessment. Now, the task force has come out in favor of decriminalizing psilocybin mushrooms and called for a state program to regulate their use in medical treatments.

A majority of task force members favored legalizing the 'shrooms, but they fell short of the supermajority needed to make an official recommendation.

The recommendations are not legally binding but will be submitted to the legislature in a report later this year.

New Hampshire Lawmakers Reject Psychedelic Legalization. The House Health, Human Services and Elderly Affairs Committee on Wednesday killed a bill that would have legalized some psychedelics for medical purposes, House Bill 1693.

The bill would have created six "alternative treatment centers" where patients could purchase and consume psychedelics such as LSD, mescaline, and psilocybin for the treatment of disorders such as PTSD and depression. It would also have allowed for the personal possession of up to two ounces of "usable psychedelics."

But lawmakers from both parties balked.

"The concerns we had with the bill as presented was it was far too broad," Rep. Lucy Weber (D) said.

"I can't tell you how many times I've heard something about a [Journal of the American Medical Association] article comparing psychedelics to existing antidepressants," Rep. Erica Layon (R) said. "But right now, New Hampshire law prohibits a clinical trial from happening in the state with psychedelics because of its status as a controlled substance."

New Jersey Bill Allowing Psilocybin Mushrooms for Therapeutic Use Advances. The Senate Budget Committee on Monday unanimously approved a bill that would legalize and regulate psilocybin treatment centers for people with illnesses or behavioral problems that the drug could treat, Senate Bill 2283.

Companion legislation, Assembly Bill 3852, is also moving. The Assembly Health Committee approved it in June and it awaits a floor vote.

The Senate bill is sponsored by Sen. Nick Scutari (D), who last year sponsored a similar bill that would have allowed adults to possess up to four grams of psilocybin. That provision is not in the current bill.

The bill would create a 15-member commission to study the issue for 18 months and then make recommendations on implementing the bill. Licensing would begin after that period but no later than 24 months after the bill's effective date.

The bill also contains social equity provisions and would give preference to people who lived in a "distressed area" for five of the last 10 years, hire a workforce of whom half live in a "distressed area," or who demonstrate economic need.