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Colorado Becomes Second State to Approve Natural Psychedelic Reforms [FEATURE]

Three years after voters in Denver opened the door to psychedelic reform by approving a municipal initiative that made possession of psilocybin mushrooms the lowest law enforcement priority, voters statewide have approved an initiative that decriminalizes plant- and fungi-derived psychedelics and creates a program for the therapeutic administration of such substances.

Magic mushrooms and other natural entheogens are now decriminalized in Colorado. (Creative Commons)
On Election Day, voters approved Proposition 122, the Natural Medicine Health Act, with 53.55 percent of the vote. To win, the initiative organizers, Natural Medicine Colorado had to overcome opposition not only from prohibitionists but also from sectors of the state's contentious psychedelic community, such as Decriminalize Nature Colorado, whose competing initiative failed to qualify for the ballot.

Last week's victory makes Colorado the second state to enact reforms decriminalizing a natural psychedelic and setting up a program for therapeutic use. Oregon voters led the way on that by approving Measure 109 in 2020.

Proposition 122 has two main prongs: First, it decriminalizes the personal use, possession, and cultivation by people 21 and over of dimethyltryptamine (DMT), ibogaine, mescaline (not derived from peyote), psilocybin, and psilocyn, as well as providing for the sealing of conviction records of people who have completed sentences for the use or possession of those substances. The measure sets no personal possession limits.

Second, it creates a "natural medicine services" program for the therapeutic administration of the specified psychedelics and creates a rubric for regulated growth, distribution, and sales of those substances to entities within the program. Only psilocybin and psilocin would be okayed for therapeutic use until 2026. Then regulators could decide on whether to allow the therapeutic use of DMT, ibogaine, and mescaline.

As part of the "natural medicine services" program, Proposition 122 will also create the Natural Medicine Advisory Board to craft rules and regulations for implementing the program. The board can also make recommendations to the Department of Regulatory Agencies on adding additional substances.

With the help of more than $3.825 million in funding from the New Approach PAC, which has bankrolled numerous drug reform initiatives across the country, Natural Health Colorado zipped through signature-gathering in a quick three months and qualified for the ballot back in June.

That irked groups such as Decriminalize Colorado and the Society for Psychedelic Outreach Reform and Education (SPORE).

"I do not personally align with I-58 [Proposition 122] and the heavy out-of-state influence calling the shots in Colorado," said Melanie Rose Rodgers, co-proponent of the Decriminalize Nature initiative. "What happened with cannabis is happening with mushrooms. Folks from marginalized communities, People of Color are being left out -- once again. With all the inequality and rolling back of freedoms that exist today, let us not create new industries that will cater and serve the rich and wealthy while opening the floodgates for anyone able to buy Colorado 'healing center' licenses. I am opposed to the corporate takeover of sacred earth medicines and psychedelics written in I-58 [Proposition 122]."

"While this may sound like a good thing to people who want to see increased access to psychedelics, this initiative is designed for corporate control, largely restricting access to corporate-owned healing centers Frankly, the NMHA is not a step in the right direction. It is a leap in the wrong direction," said Matthew Duffy, cofounder of SPORE. "The NMHA is a corporate power grab, setting a corrupt foundation for the future of medicine stewardship in Colorado."

But Natural Health Colorado and its backers beg to differ, and they are emphasizing the therapeutic aspects of the measure as they bask in the glow of victory.

"This is a truly historic moment. Colorado voters saw the benefit of regulated access to natural medicines, including psilocybin, so people with PTSD, terminal illness, depression, anxiety and other mental health issues can heal," Natural Medicine Colorado said in a post-election statement. "We look forward to working with the regulatory and medical experts and other stakeholders to implement this new law."

"The Natural Medicine Health Act puts the well-being of patients and communities first," added Josh Kappel, chair of the Natural Medicine Colorado campaign. "It was purposefully designed, with a multi-phase implementation process that sets clear safety rules, while allowing the details of the regulatory structure to be developed by the community and regulators working together."

For David Bronner, CEO (Cosmic Engagement Officer) of Dr. Bronner's soaps, which endorsed the initiative, it combines two important means of access to the mind-altering substances. "I see what [Proposition 122] does as one seamless policy: making natural medicines -- psychedelic plant and fungal medicines containing psilocybin, DMT, ibogaine or mescaline (peyote) -- available to all adult Coloradans in two powerful healing modalities: via a regulated access model in a therapeutic context; and the self-regulating community healing model in a decriminalized context," Bronner said.

Now that the voters have spoken, it is time to begin ensuring that Proposition 122 in practice more resembles the vision of its proponents than its opponents.

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."

Colorado Voters Can Embrace Psychedelic Reform in November [FEATURE]

Beginning with the successful 2019 Denver municipal initiative that made possession of psilocybin mushrooms the lowest law enforcement priority, Colorado has been on the cutting edge of the psychedelic reform movement. This November, the state is poised to maintain that vanguard status by decriminalizing some psychedelics -- the natural ones.

That is because Natural Health Colorado has managed to get the Natural Medicine Health Act (Initiative 58) on the ballot. The measure has three main planks:

  1. It would decriminalize the personal use, possession, and cultivation by people 21 and over of dimethyltryptamine (DMT), ibogaine, mescaline (not derived from peyote), psilocybin, and psilocyn, as well as providing for the sealing of conviction records of people who have completed sentences for the use or possession of those substances. The measure sets no personal possession limits.
  2. It would create a "natural medicine services" program for the therapeutic administration of the specified psychedelics and create a rubric for regulated growth, distribution, and sales of those substances to entities within the program. Only psilocybin and psilocyin would be okayed for therapeutic use until 2026. Then regulators could decide on whether to allow the therapeutic use of DMT, ibogaine, and mescaline.
  3. It would create the Natural Medicine Advisory Board to create rules and regulations for implementing the therapeutic access program. The board could also make recommendations to the Department of Regulatory Agencies on adding additional substances.

psilocybin (Pixabay)
With the help of more than $2.7 million in funding from the New Approach PAC, which has bankrolled numerous drug reform initiatives across the country, Natural Health Colorado zipped through signature-gathering in a quick three months and qualified for the ballot back in June.

A competing initiative campaign from Decriminalize Nature Colorado, which would have only decriminalized entheogens and not created a therapeutic program, failed to qualify for the ballot. Members of that group have since become some of the most outspoken critics of Initiative 58.

"I do not personally align with I-58 and the heavy out-of-state influence calling the shots in Colorado," said Melanie Rose Rodgers, co-proponent of the Decriminalize Nature initiative. "What happened with cannabis is happening with mushrooms. Folks from marginalized communities, People of Color are being left out -- once again. With all the inequality and rolling back of freedoms that exist today, let us not create new industries that will cater and serve the rich and wealthy while opening the floodgates for anyone able to buy Colorado 'healing center' licenses. I am opposed to the corporate takeover of sacred earth medicines and psychedelics written in I-58."

But Natural Health Colorado and its backers beg to differ, and they are emphasizing the therapeutic aspects of the measure.

"This initiative would give Coloradans access to a new, promising, and research-based treatment option for PTSD, depression, anxiety, and other mental health challenges, in a safe, careful, and beneficial way," said Kevin Matthews, an initiative spokesman who led the Denver psilocybin campaign. "These medicines can be transformative for people who have suffered for years and struggled to find help," he said.

"The Natural Medicine Health Act puts the well-being of patients and communities first," said Josh Kappel, chair of the Natural Medicine Colorado campaign. "It was purposefully designed, with a multi-phase implementation process that sets clear safety rules, while allowing the details of the regulatory structure to be developed by the community and regulators working together."

"Our goal is to make the healing benefits of these natural medicines available to people they can help, including veterans with PTSD, survivors of domestic or sexual abuse, people with treatment-resistant depression, and others for whom our typical mental-health treatments just aren't working," said Ben Unger, psychedelic program director for New Approach PAC.

The initiative is also being endorsed by David Bronner, CEO (Cosmic Engagement Officer) of Dr. Bronner's soaps. "I see what [Initiative 61] does as one seamless policy: making natural medicines -- psychedelic plant and fungal medicines containing psilocybin, DMT, ibogaine or mescaline (excepting peyote) -- available to all adult Coloradans in two powerful healing modalities: via a regulated access model in a therapeutic context; and the self-regulating community healing model in a decriminalized context," Bronner said.

Whether Initiative 61 can pass in November remains to be seen. Natural Health Colorado has said he has no internal polling for this year, but a poll last year had support for legalizing psilocybin at 50 percent. While the poll question was not an exact match with what the initiative offers, it is close, and the level of support suggests that the contest itself could be close. A rule of thumb among initiative campaigns is that they like to be at 60 percent when the final stretch commences, as it now has.

CO Psychedelic Legalization Init Qualifies, Singapore Hangs Fifth in Four Months for Drug Offenses, More... (7/22/22)

Iowa's Democratic attorney general calls for legalizing fentanyl test strips, GOP senators file a bill to go after drug cartel "spotters," and more.

The Rio Grande River marks the US-Mexico border in this remote region of Texas. Can you spot any spotters? (Pixabay)
Drug Policy

GOP Senators File Bill to Target Cartel Spotters. Sen. Joni Ernst (R-IA) and cosponsors Sens. John Cornyn (R-TX), Thom Tillis (R-NC) and James Lankford (R-OK) have filed the Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act, which "increases penalties for those who aid cartels in illegal activity by transmitting information about the positions of Border Patrol or destroying Border Patrol communication devices." The bill would stiffen penalties on spotters by increasing fines and imposing a maximum prison term of 10 years on those convicted of helping cartels.

Harm Reduction

Iowa Attorney General Calls for Legalizing Fentanyl Test Strips. Faced with rising drug overdose deaths in the state, Attorney General Tom Miller (D) said Thursday he wants to see legislation introduced next year to legalize fentanyl test strips. He also said he wants to expand access to the overdose reversal drug naloxone. "There's no one thing that's going to solve this problem, but the pieces of different solutions are going to really, really make the difference," Miller said. Miller's remarks came a week after Gov. Kim Reynolds (R) held a news conference about rising fentanyl overdoses and offered up a public messaging campaign aimed at younger Iowans. Iowa saw 470 drug overdose deaths last year, up from 419 in 2020 and 350 in 2019.

Psychedelics

Colorado Psychedelic Legalization Psilocybin Therapy Initiative Qualifies for November Ballot. The Natural Medicine Health Act has qualified for the November ballot. The Natural Medicine Colorado campaign, backed by the national New Approach PAC, turned in about 100,000 more raw signatures than needed to qualify after a short, three-month signature-gathering campaign. The initiative would legalize possession of certain psychedelics, establish a therapeutic model for supervised psilocybin treatment and provide a pathway for record sealing for prior convictions. There are no explicit possession limits for natural psychedelics, including psilocybin, ibogaine, mescaline (not derived from peyote), DMT and psilocyn. There is no provision for recreational sales. A second psychedelic legalization initiative, sponsored by Decriminalize Nature Colorado, that would simply allow people 21 and over to possess, cultivate, gift and deliver psilocybin, psilocyn, ibogaine, mescaline and DMT is still in the signature-gathering phase.

International

Singapore Hangs Drug Offender, Fifth Execution in Four Months. Singapore authorities executed Nazeri bin Lajim for heroin trafficking on Friday. It was the fifth execution in less than four months, all of drug offenders. "Five people have been hanged this year in Singapore, in a period of less than four months. This relentless wave of hangings must stop immediately. The use of the death penalty in Singapore, including as mandatory punishment for drug-related offences, violates international human rights law and standards," Amnesty International's death penalty expert Chiara Sangorgio said. "Everyone executed in Singapore in 2022 has been sentenced to the mandatory death penalty for drug-related offenses. Rather than having a unique deterrent effect on crime, these executions only show the utter disregard the Singaporean authorities have for human rights and the right to life. We call on governments, the United Nations Office on Drugs and Crime, and the International Narcotics Control Board to increase pressure on Singapore so that international safeguards on the death penalty are respected and drug control policies are rooted in the promotion and protection of human rights. Singapore's highly punitive approach does neither."

Psychedelic Reform Possibilities in 2022 [FEATURE]

Activists in Denver opened psychedelic floodgates for the United States with their successful psilocybin decriminalization initiative in 2019. Since that time, the trickle of bills and initiatives seeking to undo the criminalization of psychedelics has turned into a torrent.

Is it the year of the magic mushroom? (Creative Commons)
In 2020, Oregon and Washington, DC broke things open even wider with Oregon's therapeutic psilocybin initiative and DC's entheogenic plant decrim. (Oregon also passed the broader general drug decrim initiative). A number of towns and cities, most notably in California, Massachusetts, and Michigan, have subsequently enacted psychedelic reforms.

This year, psychedelic reform measures are popping up like mushrooms after a rain shower, with serious decriminalization or legalization efforts in several states, and either therapeutic or study efforts (or therapeutic study efforts) in many more. Many, perhaps most, of these bills will not pass this year, but then, legislating controversial topics is seldom a single-year process. Initiatives probably have a better chance of success -- provided they can make it to the ballot.

With a big tip of the hat to Ballotpedia and Marijuana Moment, here's is what we've got going in 2022:

California

There are two different paths to psychedelic legalization this year, one via the legislature and one as a potential November ballot initiative.

Senate Bill 519 would legalize the possession and unremunerated sharing of psilocybin (2 grams, or 4 grams of magic mushrooms), psilocin, DMT (2 grams), LSD (0.01 gram), MDMA (4 grams), and mescaline for people 21 and older. The bill passed the Senate last year, but sponsor Sen. Scott Weiner (D-San Francisco) put it on pause, signaling he needed more time to build support in the Assembly.

Regardless of what happens in Sacramento, activists with Decriminalize California have drafted the California Psilocybin Initiative of 2022 , which "decriminalizes under state law the cultivation, manufacture, processing, distribution, transportation, possession, storage, consumption, and retail sale of psilocybin mushrooms, the hallucinogenic chemical compounds contained in them, and edible products and extracts derived from psilocybin mushrooms."

Whether the initiative will qualify for the ballot will be known soon; campaigners have only until March 13 to come up with 623,212 valid voter signatures. As of mid-February, they had not reported gathering 25 percent of the signatures, as is required when that benchmark is reached, so that is not a good sign.

Colorado

New Approach PAC, which supported the Oregon therapeutic psilocybin initiative in 2020, as well as various marijuana legalization initiatives, is supporting a pair of psychedelic reform initiatives, both known as the Natural Medicine Healing Act. The first would legalize the possession, cultivation and an array of entheogenic substances, as well as establish a regulatory model for psychedelics therapy. The other would initially legalize psilocybin and psilocin alone for personal adult use while and allow for their sale and administration in a therapeutic setting.

Meanwhile, activists with Decriminalize Nature Boulder County have filed the Legal Possession and Use of Entheogenic Plants and Fungi initiative, which would allow people 21 and over to possess, cultivate, gift and deliver psilocybin, psilocyn, ibogaine, mescaline and DMT. The initiative would also allow psychedelic services for therapeutic, spiritual, guidance, or harm reduction purposes with or without accepting payment.

Both initiatives will need 124,632 valid voter signatures by August 8 to qualify for the November ballot.

Florida

State Senate Minority Leader Lauren Brook (D) has filed Senate Bill 348, which would require the state to research the medicinal benefits of psychedelic substances such as ketamine, MDMA, and psilocybin. The bill directs the state Health Department to "conduct a study evaluating the therapeutic efficacy of alternative therapies" such as those substances, "in treating mental health and other medical conditions," such as anxiety, depression, bipolar disorder, and PTSD. A companion version of the bill, House Bill 193 has been filed in the House. Neither has moved since last fall, though.

Hawaii

A bill to set up a state working group to study the therapeutic effects of psilocybin mushrooms, Senate Bill 3160, won approval in the Senate Health Committee this month and now awaits a Senate floor vote. Companion legislation, House Bill 2400, is awaiting action in the House.

Meanwhile, Senate Bill 738 would decriminalize psilocybin by removing from the state's schedule of controlled substances and requiring the establishment of therapeutic psilocybin treatment centers, which was filed more than a year ago, awaits action in the Senate Judiciary Committee.

Iowa

There are a trio of psilocybin bills that are all technically still alive, although they were filed a year ago and have yet to see action. House File 549 would deschedule psilocybin, but a Public Safety subcommittee recommended indefinite postponement last March, and it remains postponed indefinitely. House File 636 would set up a regime for therapeutic psilocybin, and House File 480 would decriminalize certain psychedelics for use by a patient diagnosed with a terminal illness or a life-threatening disease or condition. Neither of those bills have moved out of committee.

Kansas

House Bill 2465 would decriminalize the possession of less than 100 grams of psilocybin and make possession of more than 100 grams a misdemeanor. The bill would also legalize the home cultivation of psilocybin mushrooms. Introduced last month, the bill is now before the House Committee on Corrections and Juvenile Justice.

Maine

Legislative Document 1582 would enact "the Maine Psilocybin Services Act, which establishes a regulatory framework in order to provide psilocybin products to clients in Maine." Although it is not yet officially dead, it failed to get reported out of the House Health and Human Services Committee earlier this month.

Maryland

A pair of complementary bills, House Bill 1367and Senate Bill 709, would create "the Post-Traumatic Stress Disorder Alternative Therapies Fund to support the study of the effectiveness of and improving access to alternative therapies for post-traumatic stress disorder in veterans." While there has been a Senate hearing on its bill, neither bill has moved out of committee yet.

Massachusetts

House Bill 1494would establish an interagency task force to study the public health and social justice implications of legalizing the possession, consumption, transportation, and distribution of naturally cultivated entheogenic plants and fungi. It is currently before the Judiciary Committee.

Michigan

Sen. Jeff Irwin (D) filed Senate Bill 631 last September. It would legalize the possession, cultivation, and delivery of plant- and fungi-derived psychedelics, such as mescaline and psilocybin. The bill would free people from criminal liability except for "receiving money or other valuable consideration for the entheogenic plant or fungus." In other words, no commercial sales, but people can charge a "reasonable fee for counseling, spiritual guidance, or a related service that is provided in conjunction with the use of an entheogenic plant or fungus under the guidance and supervision of an individual providing the service."

Meanwhile, activists with Decriminalize Nature, Decriminalize Nature Michigan, and Students for Sensible Drug Policy earlier this month filed the Michigan Initiative for Community Healing, which would legalize the use and possession of a broad range of natural entheogens and allow for "supervision, guidance, therapeutic, harm reduction, spiritual, counseling, and related supportive services with or without remuneration."

The measure has yet to be approved for signature gathering -- a decision on that will come next month -- and if and when it is, it will need 340,047 valid voter signatures by May 27 to qualify for the November ballot.

New Hampshire

A bipartisan group of legislators have filed House Bill 1349-FN, which would decriminalize the possession of psilocybin mushrooms. The bill would decriminalize the possession of up to 12 grams of 'shrooms, enough for several psychedelic experiences. The clock is ticking on this one; it must clear Criminal Justice and Public Safety Committee by March 10 or it dies.

New York

Assemblyman Pat Burke (D) has filed a bill, Assembly Bill 8569, that would legalize psilocybin mushrooms for therapeutic purposes and create facilities where the mushrooms could be grown and provided to patients. It is a set-up similar to what Oregon voters approved last year. The bill provides a list of qualifying medical conditions but also says psilocybin could be recommended "for any conditions" certified by a practitioner. The Department of Health would be responsible for providing a training course for practitioners and licensing the psilocybin centers.

Meanwhile, Assemblymember Linda Rosenthal (D/WF) has filed Assembly Bill 6065, which decriminalizes psilocybin. That bill has been referred to Assembly Health Committee.

Oklahoma

State Reps. Daniel Pae (R) and Logan Phillips (R) have filed a pair of bills that would promote research into psilocybin's therapeutic potential, and one of them would also decriminalize small-time possession of the drug. The bills are designed to give lawmakers different options to reach similar objectives, but Pae's bill would also decriminalize the possession of up to an ounce and half of psilocybin. Pae's bill, House Bill 3414, has been referred to House Public Health Committee, while Phillips' bill, House Bill 3174, =has been referred to House Rules Committee.

Pennsylvania

Rep. Tracy Pennicuick (R-Montgomery County) filed House Bill 1959, "Providing for research and clinical studies of psilocybin, for duties of Department of Health, for duties of institutional review boards, for duties of authorized psilocybin manufacturers, for duties of approved investigators and for reports" last October. It was referred to the House Health Committee, where it has remained ever since.

Utah

Rep. Brady Brammer (R-Highland) has filed House Bill 167, which would create a Mental Illness Psychotherapy Drug Task Force that would "study and make recommendations on drugs that may assist in treating mental illness." Although not mentioned specifically in the bill, supporters say psilocybin, the psychoactive compound in magic mushrooms, is the drug most likely to be considered by the task force. The bill passed the House last week and now heads for the Senate.

Vermont

Rep. Brian Cins (D/P) filed House Bill 309, "An act relating to decriminalizing certain chemical compounds found in plants and fungi that are commonly used for medicinal, spiritual, religious, or entheogenic purposes" 51 weeks ago. It has sat in the House Judiciary Committee without moving ever since, although it did get a hearing in January.

Virginia

In January, the House Courts of Justice Subcommittee voted to delay consideration of a bill to decriminalize a wide range of psychedelics, House Bill 898, until 2023. The move came even after the bill was amended by its sponsor, Del. Dawn Adams (D), to only apply to medical practitioners and people using psychedelics with a practitioner. The object for the delay is to build support and try again next year. A similar bill in the Senate, Senate Bill 262, remains alive.

Washington

State Senators Jesse Salomon (D) and Liz Lovelett (D) have introduced a bill that would allow people to use psilocybin and psilocin, the psychoactive ingredients in magic mushrooms, with the assistance of a trained and state-licensed psilocybin services administrator. The bill, Senate Bill 5660, is titled the Psilocybin Wellness and Opportunity Act. People would have to go to a licensed service center to partake, unless they suffer certain medical conditions or are unable to travel, in which case they could receive psilocybin at home and meet remotely with a facilitator. The bill got a Senate Health and Long Term Care Committee hearing earlier this month, but remains in committee.

There is also likely to be a ballot initiative to broadly decriminalize drugs in 2022, similar to what neighboring Oregon voters passed in 2020. That effort, which was foiled in 2020 because of the pandemic, is being led by Commit to Change WA.

DE Marijuana Legalization Bill Passes Committee, SD Lawmakers Move to Ban MedMJ Edibles, More... (1/27/22)

Psilocybin is making some news this week in Colorado, Wisconsin Republicans roll out a restrictive medical marijuana bill, and more.

South Dakota -- no medical marijuana edibles for you if the legislature has its way. (Creative Commons)
Marijuana Policy

Delaware Marijuana Legalization Bill Wins House Committee Vote. The House Health and Human Development Committee voted Wednesday to approve a marijuana legalization bill, House Bill 150. The bill legalizes possession of up to an ounce of marijuana by people 21 and over but does not allow people to grow their own. Instead, people would have to purchase marijuana from a state-regulated cultivation, manufacturing, and distribution industry. Basically, the same bill has been introduced each year since 2019 but has never gotten as far as a House floor vote. This year, a proposed Social Equity Loan fund was removed because funding measures would require a three-fourths supermajority to pass. Governor Jay Carney (D) remains opposed to the bill despite changes made designed to appease him.

Medical Marijuana

South Dakota House Committee Votes to Ban Edibles. Ignoring the will of the voters, who in 2020 overwhelmingly approved a medical marijuana initiative that included access to marijuana edibles, the House State Affairs Committee on Wednesday voted narrowly to ban them. The committee voted 7-6 to approve House Bill 1058. "The purpose of the bill is about keeping children safe from exposure and accidental ingestion of edibles," claimed sponsor Rep. Fred Deutsch (R-Florence). The bill would make it difficult for medical marijuana retailers to have viable businesses by restricting what are popular items in most medical marijuana states, industry supporters say.

Wisconsin Republicans File Medical Marijuana Bill. State Sen. Mary Felzkowski (R) and Rep. Patrick Snyder (R) have filed a restrictive medical marijuana bill that would bar the use of smoked or vaped marijuana, It would also create a commission to regulate medical marijuana in the state. Physicians would have to be certified by the commission before they could recommend medical marijuana. The bill, which has yet to be posted to the legislative website, faces long odds.in the Senate, where Senate Majority Leader Devin LeMahieu (R) has said he thinks medical marijuana legalization should be a federal issue.

Psychedelics

Colorado Activists File Revised Psilocybin Legalization and Healing Center Initiatives. Activists behind Denver's historic 2019 vote to decriminalize psilocybin have now filed revised versions of a pair of proposed initiatives, one that would legalize psilocybin and one that would create licensed healing centers where the drug could be used for therapeutic purposes. The original legalization initiative included a wide range of psychedelics including DMT, ibogaine, and mescaline, but the new one merely legalizes psilocybin and regulates it for therapeutic use until 2026. After that, regulators could include other psychedelics. The revised initiatives also do away with specified possession limits and include social justice provisions.

Colorado Lawmakers File Bill to Study Psychedelics and Mental Health Treatment. Reps. Alex Valdez (D-Denver), Edie Hooton (D-Boulder), and Joann Ginal (D-Fort Collins) have filed a bill that would create a panel to study psychedelics and mental health treatment. The measure, House Bill 1116, would have the panel meet for one year to "study the use of plant-based medicines to support mental health, report its findings and make policy recommendations" to the Colorado General Assembly, the governor and other state officials.

The panel would consist of 17 members and would include physicians, veterans, natural healers, plant-based medicine advocates, Indigenous communities, criminal defense lawyers and law enforcement, The bill allows for the study of four natural psychedelics: DMT, ibogaine, and psilocybin and psilocin, which are the active ingredients in psychedelic mushrooms.

Detroit Voters Approve Psychedelic Reform, Philadelphia Voters Approve Pot Legalization Measure, More... (11/3/21)

Election Day brought a pair of big city victories for drug reform, Mississippi's governor wants a more restrictive medical marijuana proposal before he will call a special session, and more.

Mississippi Gov. Tate Reeves (R) is trying to tighten the screws on medical marijuana legislation. (nga.org)
Marijuana Policy

Philadelphia Voters Approve Referendum Calling for Statewide Marijuana Legalization. Voters on Tuesday approved a referendum calling for statewide marijuana legalization by a margin of 73 percent to 27 percent. The referendum adds a section to the city charter, saying "the citizens of Philadelphia call upon the Pennsylvania General Assembly and the Governor to pass legislation that will decriminalize, regulate, and tax the use, and sale to adults aged 21 years or older, of cannabis for non-medical purposes." The referendum is non-binding but adds pressure on the legislature to act. Republicans control both houses of the legislature and have so far blocked action on marijuana legalization, but last month, a bipartisan legalization bill was formally introduced.

Medical Marijuana

Mississippi Governor Wants Tighter Limits on Medical Marijuana Before He Will Call a Special Session to Pass It. Gov. Tate Reeves (R) said Monday he wants to reduce the amount of medical marijuana that people can buy and reduce the allowable level of THC in it before he will move forward to call a legislative special session to create a medical marijuana program. "If we’re going to have a medical marijuana program, we need to get it done right," said Reeves. "I think getting it done right is more important than getting it done quick." Voters approved medical marijuana via an initiative a year ago, but the state Supreme Court threw out that victory, invalidating the state's initiative process as it did so. The legislature then failed to pass a make-up bill during the regular session. Reeves has said he will call a special session, but now is demanding these new restrictions.

DC Council Approves Bill to Aid Struggling Dispensaries. The city council on Tuesday unanimously approved a bill aimed at helping the city's dispensaries, which have struggled during the coronavirus pandemic. The new bill allows patients whose cards have expired since March 2020 to continue using them through January 2022 and creates a two-year medical marijuana card, as opposed to the current one-year card. The bill also doubles the amount of marijuana a patient can purchase at one time from four ounces to eight.

Psychedelics

Detroit Voters Approve Psychedelic Decriminalization Measure. Voters in Michigan's largest city approved a ballot measure to essentially decriminalize psychedelics by an unofficial tally of 61 percent to 39 percent. The initiativesays the city will "decriminalize to the fullest extent permitted under Michigan law the personal possession and therapeutic use of Entheogenic Plants by adults." The new policy will also "make the personal possession and therapeutic use of Entheogenic Plants by adults the city’s lowest law-enforcement priority." Detroit now joins the Michigan communities of Ann Arbor, Washtenaw County, and Grand Rapids in having approved psychedelic reform. Meanwhile, a bill to legalize the cultivation, possession, and delivery of plant- and fungi-based psychedelics is before the state Senate.

MD Pot Poll, Detroit Will Vote on Psychedelic Reform Next Week, More... (10/26/21)

The DEA selects some old blood to review its overseas operations, a new Maryland poll shows a slight decline in support for marijuana legalization--but still a majority--and more. 

Marijuana Policy

Maryland Poll Show Slight Dip in Support for Marijuana Legalization. Support for marijuana legalization in the state has dropped from 67 percent in March to 60 percent now, according to a new Goucher Poll. The poll has nearly two-thirds of Democrats supporting legalization, while just under half of Republicans do. The poll comes as the state legislature ponders whether to send a marijuana legalization question to the ballot next year.

Psychedelics

Detroit Will Vote on Natural Psychedelics Lowest Priority Initiative Next Week. Voters in Detroit will have a chance next Tuesday to approve municipal Proposal E, which would "make the personal possession and therapeutic use of Entheogenic Plants by adults the city's lowest law-enforcement priority." The proposal includes natural plant- and fungi-based psychedelics, such as peyote and magic mushrooms, but not synthesized psychedelics, such as LSD. If the measure passes, Detroit would join Ann Arbor among Michigan cities that have embraced psychedelic reforms. Ann Arbor decriminalized psychedelic plants in September 2020. A similar measure has been introduced in the state Senate by Sens. Adam Hollier (D-Detroit) and Jeff Irwin (D-Ann Arbor).

Law Enforcement

DEA Announces Foreign Operations Review Team. In August, the Drug Enforcement Administration announced a comprehensive review of DEA’s foreign operations strategy to assess effectiveness, strengths, and areas for improvement. The agency announced Tuesday that the team will be led by two unreconstructed drug warriors, former DEA Administrator Jack Lawn and former Assistant US Attorney for the Southern District of New York Boyd Johnson, who conducted and supervised investigations in all eight of DEA's global regions. Johnson is currently a senior partner with the WilmerHale law firm, where he specialized in cross-border reviews around corruption, money laundering, and fraud. 

CA Psychedelic Decrim Bill Advances, NM Patient Sues Over Purchase Limits, More... (5/20/21)

The Louisiana House rejected marijuana legalization but is now considering a legalization study resolution, Arizona's governor signs into law a bill legalizing fentanyl test strips, and more.

magic mushrooms (Creative Commons)
Marijuana Policy

Louisiana House Committee Approves Resolution Calling for Study of Marijuana Legalization. Days after a marijuana legalization bill died in the House, a House committee has approved a resolution calling for the creation of a committee to study the impacts of legalization. The committee would include legislative leaders, prosecutors, sheriffs, medical marijuana industry representatives, criminal justice reform advocates, LSU, and Southern Ag.

Medical Marijuana

New Mexico Patient Sues State Over Medical Marijuana Purchase Limits, Plant Counts. Medical marijuana patient and activist Jason Barker is suing the state over limits on medical marijuana purchases. Under the state's new marijuana legalization law, people can buy up to two ounces at a time, but under state rules, patients may only purchase eight ounces every 90 days. "The law is clear, all medical cannabis patients may purchase at least two-ounces of medical cannabis at any one time, tax free, beginning on June 29, 2021," Barker's lawyer said. Barker also alleges the state's 1,750-plant cap on medical marijuana producers infringes on patients' rights by reducing supply and increasing prices.

Harm Reduction

Arizona Governor Signs Bill Legalizing Fentanyl Test Strips. Gov. Doug Ducey (R) on Wednesday signed into law a bill that legalizes fentanyl test strips in a bid to reduce drug overdoses in the state. The bill is SB1486. Drug use claims far too many lives each year," Ducey said in a signing statement. "We want everyone who is using drugs to seek professional treatment. But until someone is ready to get "help, we need to make sure they have the tools necessary to prevent a lethal overdose."

Psychedelics

California Psychedelic Decriminalization Bill Heads for Senate Floor Vote. A bill that would decriminalize the possession of psychedelics, Senate Bill 519, has passed out of the Senate Appropriations Committee and is now headed for a Senate floor vote. The bill would remove criminal penalties for possessing or sharing numerous psychedelics -- including psilocybin mushrooms, DMT, ibogaine, LSD and MDMA -- for adults 21 and older. Mescaline derived from peyote is not included because of concerns about its scarcity for Native American Church religious purposes.

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.

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