MA Poll Has Psychedelic Legalization Init With Narrow Lead; Colombia Proposes Regulation of Coca, Poppy Crops, More... (11/1/24)

A DEA administrative law judge has pushed back the timeline on marijuana rescheduling, the State Departments holds a follow-up meeting to the global summit on addressing synthetic drugs, and more.

Psilocybin mushrooms. They could soon be legal to grow and eat in Massachusetts if a new poll is correct. (Creative Commons)

DEA Judge Pushes Back Timeline for In-Person Testimony in Marijuana Rescheduling Hearing. DEA Administrative Law Judge John Mulrooney II has issued an order advising designated participants for in-person hearings on marijuana rescheduling that they should be ready for those hearings to start in either January or February of next year. 

The judge is also asking participants to clarify their positions on rescheduling and 

how they "would be sufficiently ‘adversely affected or aggrieved’ by the proposed scheduling action to qualify as an ‘interested person’ under the [federal] regulations."

Some 25 organizations and/or representatives have been chosen by the DEA to address the hearings. Many of those groups represent interests opposed to rescheduling. 

"Those among the Designated Participants seeking active participation in this hearing must establish that they have made timely application and are eligible as an 'interested person,' Mulrooney wrote. "To the extent that any of this has been done or adjudicated, it is not transparent in the present record. The record currently contains no hearing requests, notices of appearance, or correspondence between the Agency and the Designated Participants or those who sought that status. As the record currently stands, although the Agency has fixed a December 2, 2024 hearing date, there is no way to discern from the present record which DPs support or oppose the [proposed rescheduling rule]. "To effectively preside over this hearing, additional information must be furnished to the tribunal forthwith."

Psychedelics

Massachusetts Psychedelic Legalization Initiative Holds Narrow Lead, Poll Finds. A late poll from Emerson College Polling has the Question 4 Natural Psychedelic Substances Act initiative with the support of 50 percent of respondents, with 44 percent opposed, and six percent undecided. 

While the initiative appears to be on the cusp of passing, the margin is uncomfortably close, and if undecided voters break the wrong way, it could still lose. The heuristic among initiative campaigners is that they want a nice 10-point lead in the final days before the election to provide a cushion against last-minute attacks that could drain votes. 

The measure envisions the therapeutic administration of psychedelics, as has been approved by voters in Colorado and Oregon, but it also allows for the home cultivation and use of psychedelics. 

According to the state attorney general's summary of the measure: "This proposed law would allow persons aged 21 and older to grow, possess, and use certain natural psychedelic substances in certain circumstances. The psychedelic substances allowed would be two substances found in mushrooms (psilocybin and psilocyn) and three substances found in plants (dimethyltryptamine, mescaline, and ibogaine). These substances could be purchased at an approved location for use under the supervision of a licensed facilitator. This proposed law would otherwise prohibit any retail sale of natural psychedelic substances. This proposed law would also provide for the regulation and taxation of these psychedelic substances."

Foreign Policy

State Department Holds Follow-Up Meeting to the Summit of the Global Coalition to Address Synthetic Drug Threats. The State Department issued the following statement on a follow-up meeting to the summit of the Global Coalition to Address Synthetic Drug Threats:

"US Department of State Counselor Tom Sullivan and White House Homeland Security Advisor Liz Sherwood-Randall convened a virtual meeting [Thursday] with the leadership of 12 countries that are leading progress in the Global Coalition to Address Synthetic Drug Threats to mobilize international action to tackle the synthetic drug crisis:  Argentina, Australia, Belgium, Brazil, Canada, Colombia, Dominican Republic, France, Italy, Mexico, the Netherlands, and the United Kingdom.

"The meeting followed President Biden’s Leaders’ Summit of the Coalition at the UN General Assembly in September, during which 11 Coalition countries announced new initiatives, including efforts to disrupt the supply chain of fentanyl and enhance public health interventions.

"The United States welcomed the announcements by Argentina, Brazil, Colombia, and France on their new initiatives that will move the work of each of the Coalition’s core lines forward.  Argentina spoke to its efforts to establish a regional center to share information and best practices to disrupt synthetic drug trafficking. "Brazil discussed its initiatives to expand Early Warning Systems to identify and share alerts on emerging synthetic drug threats. Colombia emphasized it stands ready to collaborate with Global Coalition partners to analyze seized illicit synthetic drugs and their precursors.  France presented on its intent to explore training French-speaking public health professionals around the world in substance-use prevention and treatment."

"Counselor Sullivan and White House Homeland Security Advisor Sherwood-Randall commended partners on their collaborative efforts to disrupt the supply chain for fentanyl and other synthetic drugs; detect emerging drug threats; and prevent and treat substance use through effective public health interventions.  Both underscored the U.S. government’s priority to counter the threat posed by synthetic drugs and our deep commitment to make progress on this lethal threat to U.S. citizens."

The meeting did not address alternatives to drug prohibition as a means of dealing with synthetic drugs. 

International

Colombian Justice Ministry Unveils Draft Decree on Regulating Coca and Poppy Crops. The Ministry of Justice has unveiled a draft decree with detailed measures to regulate the use and cultivation of coca and opium poppy crops. Under the decree, regulated cultivation could occur for industrial, medical, and scientific purposes. 

The move would mark a dramatic shift in Colombian law, which currently prohibits their cultivation. 

The draft decree would make only public—not private—entities eligible to seek authorization to grow coca and/or opium for industrial, medical, and scientific purposes. The National Narcotics Council would oversee the program to ensure compliance with international treaties and national drug control regulations. 

But it is a long way from a draft decree to a change in policy. The proposal still faces a comprehensive review process, hearing from indigenous and rural communities, and environmental and other impact evaluations. 

However, the draft decree also envisions a framework for protecting ancestral knowledge in indigenous and rural communities and mandates that any use of this knowledge occur only with community consent. It thus seeks to ensure that the collective rights of those communities, some of which have cultivated these crops for generations, remain intact.