MA Psychedelic Legalization Init Qualifies for Ballot, NC Latest State to Ban "Gas Station Heroin," More... (7/11/24)

Psychedelics

A House Homeland Security subcommittee heard about the threat of Mexican cartel drones, California's governor will campaign against an initiative to roll back drug and sentencing reforms, and more.

Massachusetts Psychedelic Legalization Initiative Qualifies for Ballot. State officials announced Wednesday that a psychedelic legalization initiative, the Natural Psychedelic Substances Act, has qualified for the November ballot. The announcement came after organizers handed in a second round of voter signatures following the legislature's failure to act after a first round of signature-gathering put the question before lawmakers.

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

"This proposed law would license and regulate facilities offering supervised use of these psychedelic substances and provide for the taxation of proceeds from those facilities’ sales of psychedelic substances. It would also allow persons aged 21 and older to grow these psychedelic substances in a 12-foot by 12-foot area at their home and use these psychedelic substances at their home. This proposed law would authorize persons aged 21 or older to possess up to one gram of psilocybin, one gram of psilocyn, one gram of dimethyltryptamine, 18 grams of mescaline, and 30 grams of ibogaine ("personal use amount"), in addition to whatever they might grow at their home, and to give away up to the personal use amount to a person aged 21 or over."

Here are the key details of the Natural Psychedelic Substances Act:

• Adults 21 and older could legally possess, grow, and share certain amounts of psychedelics.
• The covered psychedelics and possession limits are DMT (one gram), non-peyote mescaline (18 grams), ibogaine (30 grams), psilocybin (one gram), and psilocin (one gram). Those weight limits do not include any material that the active substances are attached to or part of.
• The penalty for possession of amounts of up to double the limit would be a $100 civil fine, with amounts above that remaining criminalized.
• A Natural Psychedelic Substances Commission would be created to oversee the implementation of the law and licensing of service centers and facilitators.
• The body, which is modeled on the state’s existing Cannabis Control Commission, would be required to enact rules for regulated access to at least one psychedelic by April 1, 2026. Regulations for the rest of the substances would need to be created by April 1, 2028. It would also need to start accepting applications by September 30, 2026.
• A Natural Psychedelic Substances Advisory Board would "study and make recommendations" to the commission about issues such as public health, regulations, training for facilitators, affordable and equitable access, traditional use of psychedelics, and future rules, including possible additions to the list of legal substances.
• Psychedelics purchased at licensed facilities would be subject to a 15 percent excise tax, and localities would have the option of imposing an additional two percent tax if they permit the centers to operate in their area. Revenue would be used to fund the regulation of the program.
• There are no provisions on expunging prior convictions for activities that would be made legal.
• Local governments could enact regulations on the time, location, and manner of service centers, but they could not outright ban them from operating in their area.
• Adults could propagate psychedelics in a maximum 12X12 ft. space.
• There would be civil legal protections related to professional licensure, child custody and public benefits for people who participate in a legalized psychedelic activity.
• The effective date of the law would be December 15, 2024. The commission and advisory board would need to be created by March 1, 2025.

Drug Policy

North Carolina "Gas Station Heroin" Ban Signed into Law. Gov. Roy Moore (D) on Monday signed into House Bill 250, which makes the formerly unregulated substance tianeptine a controlled substance, effectively banning its sale. Known colloquially as "gas station heroin" for its opioid-like effects and its sales at gas stations and convenience stores, it is used as an antidepressant in Europe but has not been federally regulated in the US.

It is sold under brand names such as ZaZa, Pegasus, Neptune's Fix and Tianna Red.

The Food & Drug Administration has warned against its use, but some states are not waiting for federal action. North Carolina now becomes at least the 12th state to ban it.

Foreign Policy

House Lawmakers Worry About Mexican Cartel Drones. A House Homeland Security Committee subcommittee held a hearing Tuesday about Mexican drug trafficking organizations' use of drone fleets to bring drugs and weapons across the US-Mexico border. Lawmakers heard from law enforcement officials and drone technology executives (who of course have products to sell and services to offer) about American airspace vulnerabilities to foreign drone incursions.

Witnesses warned lawmakers that the cartels, rich with prohibition profits, have more drones than the Border Patrol has equipment to detect them.

Carl Landrum, vice president of strategy at the drone tech company Dedrone and a former chief agent at the Border Patrol's Laredo station, said his agents had only two devices to spot drones along a 177-mile stretch of the border. He said that detection devices cost anywhere from $50,000 to $800,000.

"It is my understanding, for every drone flown by border security, the Mexican cartel is flying 17 drones," Rep. Dale Strong (R-AL) said during the hearing. "Data shows the Mexican cartel are flying drones greater than 30 miles into US airspace, landing and offloading drugs on US soil -- fentanyl, heroin, cocaine, marijuana, and the list continues."

Lawmakers, especially Republicans, have proven eager to target undocumented immigrants as vectors of drug smuggling, and now they are concerned about drones. But the DEA says the vast majority of drugs smuggled into the US from Mexico come via ports of entry at official border crossings.

Sentencing Policy

California Governor to Campaign Against Initiative to Roll Back Prop 47 Sentencing Reforms. A decade ago, state voters approved Proposition 47, which reduced penalties for some drug and other criminal offenses. Now, with a Republican-backed Homelessness, Drug Addiction, and Retail Theft initiative to roll it back by making some drug possession and theft charges felonies having already qualified for the November ballot and a potential Democratic alternative initiative having fallen by the wayside, Gov. Gavin Newsom (D) said Wednesday that he would campaign to defeat the rollback initiative.

He accused conservative backers of the initiative of deceiving voters about what they really intend and what the real consequences of passage would be, saying it could cost the state billions it doesn’t have to pay for increased incarceration.

"It's really drug policy reform that brings us back decades. I'm very concerned about that. I hope people take a close look at what they're proposing," Newsom said.

Prop 47 reduced most drug possession charges to misdemeanors and raised the threshold for property crimes to $950 for them to be charged as felonies. This year's initiative, now known as Proposition 36, would mandate drug treatment or prison for people with repeated drug possession convictions for certain drugs, including fentanyl and methamphetamine and make third offense theft a felony regardless of the amount.

Newsom said Wednesday that initiative backers were using the theft provisions as a distraction and that their true goal was to turn back progress on drug policy, sending thousands of people to prison.

"How are you going to pay for it?" Newsom asked. "Where are the billions of dollars going to come from? What programs?"