Ayahuasca

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San Francisco Deprioritizes Natural Psychedelics, UK Blocks Bermuda Pot Legalization, More... (9/8/22)

Prisoners and advocacy groups call on the Bureau of Prisons to clean up its act, Colombia's new president has some words for the US, and more.

Colombian President Gustavo Petro continues to push against the war on drugs. (Creative Commons)
Psychedelics

San Francisco Effectively Decriminalizes Natural Psychedelics. The city's Boad of Supervisors voted unanimously Tuesday night to approve a resolution that effectively decriminalizes natural psychedelics. The resolution includes the "full spectrum of plants, fungi, and natural materials that can inspire personal and spiritual well-being," and includes ayahuasca, DMT, ibogaine, mescaline, psilocybin. The resolution also allows for the "planting, cultivating, purchasing, transporting, distributing, engaging in practices with" those substances and provides no limits on quantities that may be possessed. The resolution effectively decriminalizes these substances by designating them the lowest law enforcement priority, but they remain illegal under state and federal law. San Francisco now joins Arcata, Oakland, and Santa Cruz among California cities that have embraced such measures. A dozen other citizens around the country have, too.

Incarceration

Incarcerated People and Advocacy Organizations Urge Reform of US Bureau of Prisons. In a letter Tuesday to federal Bureau of Prisons Director Colette Peters, current and former federal prisoners and an array of sentencing, drug policy, and other advocacy groups called on her to "bring the Bureau into compliance with federal law and to lead the Bureau toward a more humane future grounded in transparency and accountability." The letter cited a number of issues and concerns, including unsafe and inhumane prisons, the need for the Bureau to use its power to seek compassionate release, the need for the Bureau to comply with the First Step Act (there are chronic delays in releasing people who qualify), and the pervasiveness of abuse, corruption, and misconduct. In addition to individual signers, the letter was endorsed by the ACLU, Citizens United for the Rehabilitation of Errants (CURE), the Drug Policy Alliance, Fair and Just Prosecution, Federal Public and Community Defenders, the National Association of Criminal Defense Lawyers, National Council of Churches, and the Sentencing Project, which organized the campaign.

Foreign Policy

Colombian President Warns US Drug War Has Failed, Change Must Come. President Gustavo Petro warned the US on Wednesday the he believes the US-led war on drugs in his country is a failure and called for substantial changes in drug policy. The statement came after he met with the commander of the United States Southern Command, General Laura Richardson.  "We were now talking at length with General Laura Richardson … about the failure of the anti-drug policy. I think it should be called without fear: the policy that (Richard) Nixon had in the time It was called the War on Drugs, has failed here," said Petro from the presidential palace. "It is our duty before the United States, but also before the world, to not only say this, but to propose alternatives that will not kill more than a million Latin Americans."

Colombia is the world's largest coca and cocaine producer, and Petro said that his own country is "the biggest culprit" because rural poverty makes drug cultivation and trafficking an attractive livelihood. Petro has moved to restrict the aerial spraying of herbicides and limited the resort to forced eradication of coca crops, promoting voluntary crop substitution instead. He is also proposing changes in the extradition treaty between Colombia and the US to allow those who cooperate with Colombia to avoid extradition to the US.

International

United Kingdom Blocks Bermuda from Legalizing Marijuana. In a rare move, the UK's Governor for Bermuda, who, as the queen's representative typically provides pro forma assent to the Bermudan government's actions, has intervened to block marijuana legalization in the British Overseas Territory. Even as incoming British Prime Minister Liz Truss was vowing to "stand up for freedom and democracy around the world," her government was directing the governor to block the marijuana legalization bill. "I have now received an instruction, issued to me on Her Majesty’s behalf, not to Assent to the Bill as drafted," the governor said. "The Secretary of State for Foreign, Commonwealth and Development Affairs concluded that the Bill, as currently drafted, is not consistent with obligations held by the UK and Bermuda"under international anti-drugs conventions dating back to 1961. Liz Truss was foreign secretary until Tuesday when she became prime minister. In a statement, the Bermudian government said the move was "disappointing, but not surprising, given the confines of our constitutional relationship with the UK government and their archaic interpretation of the narcotic conventions. The Bermudian government said it would continue to move forward on marijuana legalization, which could put the country on a collision course with the UK. "The people of Bermuda have democratically expressed their desire for a regulated cannabis licensing regime, following the strong endorsement at the ballot box and an extensive public consultation process. The Government of Bermuda intends to continue to advance this initiative, within the full scope of its constitutional powers, in keeping with our 2020 general election platform commitment." Bermudian Premier David Burt has not commented on this move, but warned earlier that: "If Her Majesty’s representative in Bermuda does not give assent to something that has been passed lawfully and legally under this local government, this will destroy the relationship we had with the United Kingdom."

AZ Churches Sue Feds Over Ayahuasca Seizures, Schumer's Legalization Bill Coming Within Days, More... (7/20/22)

Indonesia's Constitutional Court rejects medical marijuana but calls for "immediate" study, DC Mayor signs bill providing workplace protections for marijuana users, more.

Weed will be on the Senate's mind next week. (Creative Commons)
Marijuana Policy

Senate Hearing on Marijuana as Filing of Legalization Bill Looms. The Senate Judiciary Subcommittee on Crime and Terrorism has scheduled a hearing for next Tuesday on "Decriminalizing Cannabis at the Federal Level: Necessary Steps to Address Past Harms." The hearing, led by Sen. Cory Booker (D-NJ), a strong proponent of Senate Majority Leader Chuck Schumer's pending legalization bill, the Cannabis Administration and Opportunity Act, comes amid word that the bill will drop any day now. Schumer has blocked incremental marijuana reforms, such as the SAFE Banking Act, saying he wants a full-blown legalization bill.

Kentucky Democrats Announce Plan for Legalization Bill. Frustrated by the failure of the Republican-controlled state legislature to act even on medical marijuana, state Democrats announced Thursday they will be filing legislation to legalize marijuana for both medical and recreational use. They said they would fill "LETT's Grow" bills in both house. LETT is short for Legalizing sales, Expunging crimes, Treating medical needs, and Taxing sales. "Our legislation is the comprehensive plan that Kentuckians deserve, and it builds on what's worked in other states while avoiding their mistakes," said Rep. Roberts of Newport. "This would be a boon for our economy and farmers alike, plus give state and local governments a major new source of revenue."

DC Mayor Signs Bill Providing Workplace Protections for Marijuana Users, Mayor Muriel Bowser (D) has signed into law a bill that most employers from firing or refusing to hire workers because they use marijuana. The bill would "prohibit employers from firing, failing to hire, or taking other personnel actions against an individual for use of cannabis, participating in the medical cannabis program, or failure to pass an employer-required or requested cannabis drug test, unless the position is designated safety sensitive or for other enumerated reasons." There are exceptions for police, safety-sensitive construction workers, people whose jobs require a commercial drivers' license, and people who work with children or medical patients. The new law must still be approved by Congress before it can go into effect.

Psychedelics

Arizona Churches Sue Over Seizure of Sacramental Ayahuasca. Two Arizona churches, the Arizona Yagé Assembly and the Church of the Eagle and the Condor, have filed suit in federal court over the seizure of ayahuasca, a key element in their religious practice, by federal agencies. In separate lawsuits, the two churches charge that the federal government has violated the constitutional right to the free exercise of religion, citing the Religious Freedom Restoration Act. That law bars the government from burdening the exercise of religion unless there is a compelling government interest and only if that action if the least restrictive means of furthering that interest.

The Church of the Eagle and the Condor says that US Customs and Border Protection has been seizing and destroying its ayahuasca since 2020. The churches say drinking ayahuasca is "an essential mode of worship" for members, but federal agencies say any possession of ayahuasca, a Schedule I substance, violates the Controlled Substances Act. "The church and its members are aware that their sacrament is proscribed by law, but they have partaken in their sacrament both before and after the United States made a credible threat of enforcement of the CSA against them," the suit says. "Plaintiffs are violating and intend to continue to violate applicable law, rather than compromise or terminate their sincerely held religious beliefs and practices."

International

Indonesia High Court Rejects Medical Marijuana But Calls for Immediate Study. The Constitutional Court on Wednesday nixed a judicial review of the country's drug law that could have opened the door for medical marijuana. Three mothers of children with cerebral palsy backed by civil society groups had sought the review, arguing that marijuana could be used medicinally to treat medical conditions. The court held there was insufficient research to rule in favor of the plaintiffs, but called on the government to "immediately" conduct research on the medicinal use of the herb… The results of which can be used to determine policies, including in this case the possibility of changing the law," said judge Suhartoyo.

MT Legal Marijuana Sales Begin, IRS Denies Tax Exempt Status to Iowa Ayahuasca Church, More... (1/3/22)

You can now buy two ounces of weed at a time in Oregon instead of only one, New Hampshire lawmakers will try to override the governor's veto of a medical marijuana bill, and more.

Moving to Montana soon? Now you can buy pot there -- if you're in the right county. (Gmark1/Creative Commons)
Marijuana Policy

Montana Legal Marijuana Sales Begin. On New Year's Day, the state became the latest to allow legal recreational marijuana sales. The move comes more than a year after voters approved a pair of complementary marijuana legalization initiatives in November 2020 with 57 percent of the vote. But it's not on sale everywhere in the state: Under the law, counties where majorities voted for legalization can have pot shops, but in counties where majorities voted against the initiative cannot allow the shops unless the matter is approved in a county-wide vote.

Oregon Doubles the Amount of Marijuana People Can Buy. On December 28, the Oregon Liquor and Cannabis Commission approved new rules that include raising the amount of marijuana that people can purchase on a single occasion from one ounce to two ounces. That went into effect on New Year's Day. The state will now also allow home delivery of marijuana across city and county lines.

Medical Marijuana

New Hampshire Lawmakers to Take Up Vetoed Medical Marijuana Bill. Legislators will try this week to override Gov. Chris Sununu's veto of a bill that would have allowed nonprofit medical marijuana treatment centers to organize as for-profit businesses. In his veto message, Sununu said he vetoed the bill because it would create monopolies that could dominate the marketplace if and when recreational marijuana is legalized. The bill passed the Senate with a veto-proof majority, but passed the House on a voice vote, leaving it unclear whether there is a veto-proof majority there.

Ayahuasca

IRS Denies Tax Exempt Status to Iowa Ayahuasca Church. The Iowaska Church of Healing has lost its bid to win tax-exempt status with the Internal Revenue Service. The church holds a "Sacrament of Ayahuasca" where its members use the hallucinogen for spiritual and physical healing, although its leader says he has never conducted such ceremonies at his home or anywhere else in the state. The church applied for tax-exempt status in January 2019.

Chronicle Book Review: "Psychedelic Justice"

Chronicle Book Review: Psychedelic Justice: Toward a Diverse and Equitable Psychedelic Culture (A Chacruna Anthology) by Beatriz Labate and Clancy Cavnar, eds. (2021: Synergetic Press, 237 pp., $19.95 PB)

The world and culture of psychedelics is undergoing rapid change. From the decriminalization of entheogenic plants in various US locales to the rise of ayahuasca tourism in the Amazon, from the stunning advances in psychedelic-assisted therapies to the equally stunning gusher of corporate capital investment in potential psychedelic gold mines, the Psychedelic Renaissance is most definitely upon us.

But as psychedelics come in from the cold, psychedelic culture is increasingly feeling growing pains, with any number of conundrums, controversies, and contradictions. How does Indigenous knowledge and practice of sacred plant medicines (ayahuasca, peyote, psilocybin mushrooms) translate into Western medical science? How does a scene dominated by straight White guys move toward diversity and equity? How can psychedelics retain their transformative power if and when they become commodified corporate products? And how can the movement deal with sleazy -- if not downright criminal -- operators in its midst?

Who better to tackle these issues than the good folks at the Chacruna Institute of Psychedelic Plant Medicines? Founded by Brazilian anthropologist and anthology co-editor Beatriz (Bia) Labate, the institute "produces high-quality research on plant medicines and psychedelics and helps propagate academic knowledge in more accessible formats," according to its web site. It also tries to bridge the gap between traditional ceremonial use and clinical and therapeutic settings and seeks to "foster cultural and political reflections on the field of psychedelic science and facilitate conversations about controversial topics that have been simmering on the sidelines as psychedelics go mainstream."

Edited by Labate and Chacruna co-founder and board member psychologist Clancy Cavnar, Psychedelic Justice is one of the fruits of those labors, and boy is it juicy! One could be forgiven for assuming a tome such as this would be dry and tendentious, but one would be mistaken. Some 30 contributors from across the psychedelic specturm take on the heavy questions surrounding the realm, and they do so with verve and flair. The pieces are almost uniformly passionate, provocative, and insightful, and they dig down deep into the issues percolating in the psychedelic space.

The book is divided into thematic sections -- Inclusion, Diversity, and Equity; Perspectives on Cultural Appropriation, Colonialism, and Globalization of Plant Medicines; Psychedelics and Western Culture; Queer; Sex and Power; and Sustainability, Policy and Reciprocity -- with multiple authors and points of view in each section. Although diverse viewpoints are represented, the contributors are collectively members of the broad psychedelic community and appear united in wanting to not lose that underlying transformative potential that so characterizes psychedelics and differentiates them from other classes of drugs.

Whether it is a critique of psychedelic-assisted psychotherapy (like psychotherapy in general) as too invested in the individual dealing with his problems to take on the social causes of those problems, a skeptical examination of the burgeoning psychedelic conference scene, or a jeremiad against the failures of "White feminism," Psychedelic Justice and its contributors are down for radical cultural transformation.

And that includes some form of policing the burgeoning commerce in psychedelics. Whether its is abuses and neglect in the unregulated ibogaine treatment industry or the predatory practices and sexual exploitation of clients by some ayahuasca shamans (both traditional and neo-), Psychedelic Justice demands the community find a way to weed out such behavior. Sexual abuse by therapists is bad enough; sexual abuse by therapists while clients are under the influence of powerful mild-altering drugs is potentially even more shattering.

One nit I want to pick is that the book's emphasis is overwhelmingly on spiritual and/or therapeutic use. There is little discussion of issues surrounding recreational use, and it almost seems as if some contributors think using merely to enjoy the psychoactive effects is not worthy. But I would wager that the vast majority of psychedelic drug users are not doing so primarily for spiritual or therapeutic purposes, but because they enjoy the sensations. I could be wrong, though.

Still, Psychedelic Justice is an invaluable contribution. It demands to be read by anyone who claims to have an interest in psychedelics, plant medicines, or, more broadly, social justice under capitalism. It will provide you with plenty to ponder.

House Passes Bill to End Crack/Powder Cocaine Sentencing Disparity, Bolivia Coca Growers Clash, More... (9/29/21)

Grand Rapids, Michigan, endorses a symbolic psychedelic reform, the House votes to end the crack/powder cocaine sentencing disparity, and more. 

A crack cocaine user. Harsh federal crack penalties fell disproportionately on the Black community. (Creative Commons)
Psychedelics

Grand Rapids is Latest Michigan City to Endorse Psychedelic Decriminalization. The Grand Rapids City Commission on Tuesday approved a resolution calling for the decriminalization of natural psychedelics, such as psilocybin and ayahuasca. The resolution says "those seeking to improve their health and well-being through the use of Entheogenic Plants and Fungi should have the freedom to explore these healing methods without risk of arrest and prosecution." It passed 5-2, but activists were disappointed because the resolution merely expresses support for future reforms and does not make psychedelics a lowest law enforcement priority. Still, Grand Rapids joins a growing number of Michigan communities that have endorsed psychedelic reform, including Ann Arbor, and Detroit voters will have a chance to endorse psychedelic decriminalization with a measure that will appear on the ballot in November.

Sentencing Policy

House Passes Bill to End Crack/Powder Cocaine Sentencing Disparity. The House on Tuesday passed HR 1693,  the Eliminating a Quantifiably Unjust Application of the Law Act of 2021or the EQUAL Act of 2021. The bill seeks to redress one of the gravest injustices of the drug war by eliminating the federal sentencing disparity for crack and powder cocaine offenses. The vote was 361-66, with all 66 "no" votes coming from Republicans. Under the Anti-Drug Abuse Act of 1986, signed into law by Ronald Reagan, people caught with as little as five grams of crack faced a five-year mandatory minimum sentence, while people would have to be caught with 500 grams of powder cocaine to garner the same sentence. The overwhelming majority of people federally prosecuted under the crack provision were Black, even though crack use was enjoyed by people from all races. The 2010 Fair Sentencing Act reduced that disparity from 100:1 to 18:1, and a 2018 criminal justice reform bill signed by Donald Trump allowed people convicted before the 2010 law was passed to seek resentencing. The bill now goes to the Senate, where the Senate version, S. 79, will need the support of at least 10 Republicans to pass. It currently has three GOP cosponsors: Sens. Rand Paul (KY), Rob Portman (OH), and Thomas Tillis (NC). Look for our feature article on the bill later today.

International

Bolivia Coca Growers Conflict Turns Violent. A power struggle among coca grower factions in La Paz has seen street fighting, volleys of tear gas and slingshot, clashes among grower factions and between growers and police. On Monday, a building near the central coca market in La Paz, control over which is being contested by the factions, went up in flames amid the clashes. Last week, several police vehicles were burned during similar protests. One grower faction, led by Arnold Alanes, the head of the coca management agency Adepcoca, is aligned with the governing Movement Toward Socialism (MAS) Party, while the other faction, led by government critic Armin Lluta, says MAS and former President Evo Morales are trying to seize greater control of the trade. But Alanes says he is being attacked because he is trying to eradicate corruption.

CT Becomes Latest State to Legalize Marijuana, DEA Denies FL Church's Ayahuasca Exemption, More... (6/23/21)

House Democrats look to end the ban on legal marijuana sales in the nation's capital, the Rhode Island Senate approves a marijuana legalization bill, and more.

The InSite safe injection site in Vancouver. The Los Angeles city council supports a similar effort in California. (vch.ca)
Marijuana Policy

House Democrats File Bill to End DC Marijuana Sales Ban. House Appropriations Financial Services and General Government (FSGG) Subcommittee Chairman Mike Quigley (D-IL) filed a wide-ranging bill Wednesday that would lift the ban on legal marijuana sales in the District of Columbia, as well as providing protection to financial institutions doing business with state-legal marijuana firms. The ban, in the form of a rider to the annual DC appropriations bill in Congress, was imposed in 2014, with the effort led by Rep. Andy Harris (R-MD), before city residents even voted for marijuana legalization later that year. It has remained in place ever since.The move comes even though President Biden specifically did not remove the congressional rider banning sales in his budget proposal last month. The bill is set to be voted on in the subcommittee Thursday, with the full Appropriations Committee taking it up next Tuesday, setting up a potential conflict with the Biden administration.

Connecticut Legalizes Marijuana. Gov. Ned Lamont (D) on Tuesday signed a marijuana legalization bill, Senate Bill 1201, making the state the 19th to end marijuana prohibition and the fourth to do this year, after New Mexico, New York, and Virginia. The bill legalizes the possession of up to one and a half ounces by people 21 and over, as well as setting up a system of taxed and regulated marijuana commerce with strong social equity provisions. The law takes effect on July 1, when using recreational marijuana becomes legal, but marijuana business licenses are not expected to be issued until the end of next year.

Rhode Island Senate Approves Marijuana Legalization Bill. The state Senate voted Tuesday night to approve an amended version of Senate Bill 568, which would legalize the possession, purchase, and cultivation of cannabis for personal use for adults 21 and older.The bill would also create a Cannabis Control Commission to regulate the legal marijuana market, tax marijuana sales at 20%, and create a social equity program to aid communities disproportionately harmed by marijuana prohibition. A House marijuana legalization bill filed at the end of May remains stuck in the House Judiciary Committee. The clock is ticking: The session ends in one week on June 30.

Ayahuasca

DEA Denies Religious Use Exemption to Florida Ayahuasca Church. The Drug Enforcement Administration (DEA) has officially denied the Soul Quest Church's request for a religious exemption allowing it to continue to legally provide ayahuasca, a substance containing the Schedule I drug DMT, for religious purposes. The church has been distributing ayahuasca and other substances to paying customers and gained unwanted scrutiny after a man died during an ayahuasca retreat in 2018. After that death, the DEA ordered the church to shut down its ayahuasca distribution, but the church has refused, instead fighting the order in the courts. Now, after the DEA decision, a federal judge is expected to rule soon on that decision, which could end the church's run. The church is relying on a generous interpretation of the 1993 Religious Freedom Restoration Act, under which both peyote use by the Native American Church and ayahuasca use by the Brazil-based church the Union of the Vegetable has been allowed. 

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Harm Reduction

Los Angeles City Council Endorses Statewide Safe Injection Site Bill. The city council on Tuesday approved a resolution supporting a bill that would legalize pilot safe injection sites in a number of California cities, Senate Bill 57. The support comes as the city faces a drug overdose crisis, especially among the homeless, for whom the overdose rate jumped 33% in the first six months of last year. The bill has already passed the state Senate and is now before the Assembly Public Safety and Health committees. Even if the bill were to become law, it faces possible federal obstacles. When harm reductionists in Philadelphia sought to open a safe injection site, the Trump administration successfully blocked them in federal district court. The Biden administration has not made clear what its stance on the issue is.

Federal Drug Cases Continue to Decline, Schumer Ready to Move Ahead With Legalization, More... (4/5/21)

DC's mayor is ready to move ahead with legalizing marijuana sales, Senate Majority Leader Chuck Schumer is ready to move ahead with federal marijuana legalization, and more.

Magic mushrooms and other natural entheogens are now deprioritized in a third Massachusetts city. (Creative Commons)
Marijuana Policy

Senate Majority Leader Says Democrats Are Ready to Push Ahead on Marijuana Legalization Whether President Supports It or Not. Senate Majority Leader Chuck Schumer (D-NY) said that even though President Joe Biden (D) only supports marijuana decriminalization, "we will move forward" even if the president doesn't get on board. "He said he's studying the issue," Schumer said. "I want to make my arguments to him, as many other advocates will. But at some point, we're going to move forward, period." Schumer also clarified that: "I am personally for legalization. And the bill that we'll be introducing is headed in that direction."

Nevada Bill Would Allow for Marijuana Consumption Lounges. Assemblyman Steve Yeager (D-Las Vegas) has filed a bill that would allow for marijuana consumption lounges to operate in the state. While marijuana is legal, it is illegal to consumer it in public or in hotel rooms, and Yeager said that presents a conundrum for residents and tourists. "They can't bring it into their hotel rooms. They can't consume it outside," Yeager said. The bill, introduced Friday, is not yet available on the state legislative web site.

DC Mayor Says City is Ready to Legalize Marijuana Sales Once Congress Gets Out of the Way. Mayor Muriel Bowser (D) said last Friday that city officials are ready to move forward with implementing legal marijuana sales once Congress removes a rider that has prevented the city from doing so. "We have a tax-and-regulates scheme. We've prepared our alcohol and beverage office to be prepared to implement regulation," she said. "And we have to we have to get the hurdle of Congress out of the way."

NYPD Says You Can Now Smoke a Joint in Public. In the wake of Governor Andrew Cuomo's (D) signing marijuana legalization into effect, with the legalization of possession of small amounts in effect immediately, the NYPD has issued a memo noting that people can smoke marijuana in public anywhere they can smoke a cigarette in public. Smoking marijuana on sidewalks or front stoops is no longer "a basis for an approach, stop, summons, arrest, or search" the department memo said. But the city bans smoking in parks and at beaches, so there is no marijuana smoking allowed there, either.

Psychedelics

Third Massachusetts City Approves Psychedelic Decriminalization. Last Thursday night, the Northampton City Council approved a resolution calling for the deprioritization of drug law enforcement against natural psychedelics. Included are psilocybin, ayahuasca, and a number of other entheogenic plants and fungi. The measure passed on a unanimous vote, making Northampton the third city in the state to enact such reforms, after Somerville and Cambridge.

Drug Treatment

ACLU, NYCLU Sue New York County over Methadone Access in Prison. The ACLU and its state affiliate, the New York Civil Liberties Union filed a lawsuit Monday against Jefferson County seeking to compel the Jefferson County Correctional Facility to provide access for methadone treatment for opioid use disorder. The county bans methadone treatment for prisoners, which plaintiffs argue violates state civil rights law, the US Constitution, and the Americans with Disabilities Act.

Law Enforcement

Sentencing Commission Report Decline in Drug Prosecutions Last Year. During Fiscal Year 2020, federal prosecutors filed some 64,565 criminal cases, a decline of 15.6% over the previous year, "reflecting the impact of the COVID-19 pandemic on the work of the courts." Drug possession cases continued a five-year decline, dropping 22%, while drug trafficking cases, which had gone up slightly in Fiscal Year 2019, had declined 17% in FY 2020. The most common federal prosecutions were immigration cases, accounting for 41% of all federal prosecutions.

Psychedelics at the Statehouse 2021 [FEATURE]

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.

NJ AG Extends Moratorium on Minor Marijuana Prosecutions, New Plant Medicine Coalition Eyes Congress, More... (1/26/21)

Delaware's auditor says marijuana legalization is a no-brainer, a second medical marijuana bill is filed in Kentucky, Bay State pot shop owners drop a lawsuit after getting their fingers burned, and more.

Peyote. A new activist group, the Plant Medicine Coalition, is eyeing psychedelic reform at the federal level. (Creative Commons
Marijuana Policy

Delaware State Auditor Issues Report Recommending Marijuana Legalization. The Office of the Auditor of Accounts has issued an analysis that finds legalization would yield $43 million in marijuana tax revenues and create 1,400 new jobs in the state in the next five years. "Legalization done right in our view would allow Delaware to establish a policy framework to suppress the black market, curb usage through regulation for minors and collect revenue on a market demand that seems only to be increasing," the report concludes. "It would also provide a new revenue stream and new potential for economic growth. Additionally, it would eliminate arrests and keep people out of prison. Each year that we fail to capitalize on this opportunity means more money could flow to neighboring states instead of being invested here. It is time Delaware pursue legalizing marijuana."

Massachusetts Pot Shop Association Drops Lawsuit Over New Delivery Rules After Backlash from Members, Social Equity Advocates. The Commonwealth Dispensary Association announced Monday that it is dropping a lawsuit aimed at blocking new rules permitting home deliveries. The group has faced an exodus of members and criticism from social equity advocates over its challenge to the new rules, which will create new marijuana delivery and courier licenses. Those licenses will be available only to participants in the Cannabis Control Commission's social equity program.

New Jersey Attorney General Extends Order Halting Marijuana Prosecutions. Attorney General Gurbir Grewal (D) has extended his order halting prosecutions for small-time marijuana possession offenses until the end of March. The move comes as a pair of bills that would launch a legal marijuana industry and decriminalize pot possession sit on Gov. Phil Murphy's (D) desk. "As we continue to await anticipated final action on the pending cannabis legalization and marijuana decriminalization legislation, I am instructing all New Jersey municipal, county, and state prosecutors to seek an additional adjournment, until at least March 31, 2021, of any juvenile or adult case involving any of the following charges, alone or in combination with each other, where there are no other pending charges," he said in a letter last Friday.

Medical Marijuana

Kentucky Sees Second Medical Marijuana Bill Filed. State Sen. Steve West (R-District 27) has filed Senate Bill 92, which would allow a full-fledged medical marijuana program in the state. Earlier, Rep. Jason Nemes (R-33rd District) refiled House Bill 136, a separate medical marijuana legalization proposal that stalled in the legislative last year.

Psychedelics

Psychedelic Reform Movement Takes Aim at Congress. After seeing success at the state and local level in recent years, the psychedelic reform movement is setting its sights on Congress. A newly formed Plant Medicine Coalition, headed by Melissa Lavasani, who led the DC campaign to effectively decriminalize plant-based psychedelics, will be prodding lawmakers to make federal funds available for research into the therapeutic potential of such substances.

Washington, DC, Approves Natural Entheogen Initiative

Voters in the nation's capital have overwhelmingly approved an initiative to effectively decriminalize the cultivation, use, possession, and distribution of natural psychedelics, such as ayahuasca, magic mushrooms, and peyote. According to unofficial election results, the measure was winning with 76% of the vote.

Initiative 81, the Entheogenic Plant and Fungi Policy Act of 2020, would have police treat natural plant medicines (entheogens) as their lowest law enforcement priority. The measure also asks the city's top prosecutor and its US Attorney to not prosecute such cases.

"Initiative 81's success was driven by grassroots support from DC voters. We are thrilled that DC residents voted to support common sense drug policy reforms that help end part of the war on drugs while ensuring that DC residents benefiting from plant and fungi medicines are not police targets," Decriminalize Nature DC Chairwoman Melissa Lavasani said in a press release.

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