Psychedelics decriminalization could be coming to the nation’s capital, where advocates recently submitted a ballot initiative to make entheogenic substances among the city’s lowest law enforcement priorities.
In Washington, D.C., members of the group Decriminalize Nature D.C. met at a pizzeria last Wednesday to organize the campaign, which will dually pursue the policy change for substances like psilocybin, ayahuasca, mescaline and ibogaine through the 2020 ballot process and legislatively through the District Council.
The effort is being led by Melissa Lavasani, a mother of two whose personal experience overcoming depression and other mental health challenges by using psychedelics inspired her involvement.
As the team waits to hear from the city’s Board of Elections about whether the measure can proceed, Lavasni said members will focus on raising attention to the issue and demonstrating that there’s public support for psychedelics reform. D.C. is uniquely positioned to advance the conversation nationwide, she told Marijuana Moment in a phone interview on Thursday.
The following interview with Lavasani has been lightly edited for length and clarity.
Marijuana Moment: Tell me about how the Wednesday meeting went.
Melissa Lavasani: I think about 100 people were there. It was a really positive reception. It was my first time talking about it publicly and I was extremely nervous. But we had advocates there, we had regular citizens, we had D.C. government officials and attorneys—there’s a wide variety of people that are interested in this. It was nice to see the diversity, and it’s kind of exciting.
MM: Right now, there’s this ballot initiative. Are you exploring a legislative approach through the Council as well?
ML: Yes, absolutely. This is definitely a two-pronged tactic here. We are talking to Council about potentially getting a bill through that way, legislatively.
But we know that this is kind of a sensitive issue with people, especially in a city like Washington, D.C., where it’s a liberal town but people have some conservative ideas. We want to show that there is public support for this as well, so in a way, we’re educating people with the ballot initiative and getting people on board with this.
But in that, we’re also showing our legislature that there is public support. It’s kind of like, ‘hey if you guys aren’t going to do this, we’re going to just pursue the ballot initiative and we’re going to have a vote and it’s going to pass.’
MM: What makes psychedelics reform in D.C. unique from other cities like Denver and Oakland that have pursued the policy change?
ML: D.C. is special. We’re a city, we’re a state. We kind of function in multiple ways and we don’t have control of the laws we have here, Congress approves everything we do. The Harris rider [which bars D.C. from reducing penalties for Schedule I drugs] really prevents us from actually decriminalizing it. All we’re asking here is that we just make this a lowest priority for law enforcement, and that’s really all we can do right now until we get statehood.
There’s now like 100 cities that are pursuing this and I think we have an opportunity to set a precedent for the country, and I feel like the world is really watching us as well. D.C. gets extra attention and a lot of the focus is on the federal level, especially the executive right now. It would be nice for people to know that there’s people living here and there’s normal people with normal problems. It makes us a little more human. But also, it’s kind of like, we have an opportunity to really change how we view health in general and mental health especially.
MM: Do you anticipate facing legal challenges to the initiative?
ML: I don’t know. We might run into challenges.
Right now we’re at the stage where the Board of Elections is evaluating whether this an appropriate subject, and if they deem this not to be an appropriate section, we will pursue litigation. That’s our first hurdle legally. But we don’t know what we’re going to say.
We have a hearing February 12 and we’ll see what they say then. But really, this is about educating. I think if we do a really good with educating D.C. Council on how effective these treatments are, I think we can get everyone on the same page.
MM: If your group is successful, do you expect it to shift the conversation around psychedelics in Congress?
ML: I hope so. I really hope so. Especially since I am a mom to two little kids, I just feel like we’re shifting the conversation from these are dangerous substances to this is actual practical. We could flip our medical model on its heard here, and this is one step closer to that. Because what we’re doing now doesn’t work.
There are people who are sick and tired and really dying all over the country, and Congress should be looking at this.
MM: I heard you have a meeting with a councilmember coming up. What can you say about that?
ML: I’m meeting with Charles Allen, who is the Ward 6 councilman and his committee is the Judiciary Committee, so this falls under him. I haven’t even broached the topic of this with him. It’s just like get a feel, let’s educate him on my experience and he’s a father to two children as well. I’m hoping this is relatable in a way and we’ll see what he says.
MM: Is David Bronner of Dr. Bronner’s providing funding for the campaign like he is for other decriminalization efforts?
ML: He has dedicated around $100,000 for this and he’s committed. He’s focusing on D.C. right now, and this is important to him and he knows there’s potentially a lot of visibility on this issue if this happens in D.C., and that can spread very quickly nationally and influence other jurisdictions into doing this. He really wants this to happen and we have his full support.
MM: Can you share your story about how you ended up getting involved in this reform movement?
ML: My first experience with depression my entire life was after my first daughter was born in 2014. I had a pretty traumatic birth with her—her heart stopped multiple times during labor and I had to have an emergency C-section where my epidural wore off so I felt the entire procedure. I wasn’t sure I was going to bring home a baby at that point so it was one of those crazy moments in your life, but she came out totally fine after a pretty dramatic entrance.
Those kind of experiences, I think you put them away in your head and you power through like moms usually power through things. It affected me in a way that nothing else have affected me before, and I felt completely numb from being a new mom, I wasn’t connecting to my new baby. I saw all the other new moms around me in the community just being in this joyous state that I couldn’t relate to, so I isolated myself and just wouldn’t leave my house for days on end. That experience drastically improved when I went back to work and I got into my routine again.
With my second pregnancy, I developed very painful sciatica, a nerve issue in your spine that causes pain to run up and down your body. I was having chronic pain every day, I was crawling up the stairs, I couldn’t even stand up straight. I developed what’s called antepartum depression, which is depression during pregnancy.
I remember I was at a checkup around five or six months and my normal physician wasn’t in the office. It was a newer physician in the practice, she walked in the door and she simply asked me how I was doing and I burst into tears. The floodgates opened. As soon as I looked up, she was handing me a prescription to antidepressants. I raised some concerns about this and she said, ‘trust me, it’s totally fine. It’s healthy for you, it’s fine for the baby. Just take this until you deliver the baby and then you’ll get off of it.’
I was very hesitant to get on anything at this point. You go from one kid to two kids, your family dynamic is changing. I was worried about how everything was going to affect my career, my marriage, and I thought if I started taking this medication, I was just going to add another issue that I had to deal with down the road, so once again I powered through.
I delivered a healthy baby, but very soon after that, my depression really amped up. I assumed it would just go away on its own like it did the first time, but it absolutely did not. It got a lot worse. I developed anxiety, paranoia, delusions, I was hearing voices—it was pretty crazy—and then at the very peak, I was suicidal. My husband just didn’t know what to do. I went to therapy and I would find excuses to not go, I was refusing antidepressants.
And I had a friend of mine who said just listen to this Joe Rogan podcast with Paul Stamets, who’s now a pretty famous mycologist. His story about curing his stutter with one trip on mushrooms kind of blew my mind. Out of all my years of partying pre-children, I had never dipped into psychedelics before. My sister had one bad mushroom trip and she scared me from any kind of psychedelics. I was skeptical but at that point in time, I knew this was a life-or-death situation for me, so I began microdosing and I had amazing results with it. Within a week or so, a lot of my symptoms were going away and I felt like a normal person again.
I live in Washington, D.C., the federal government is here, I’m educated, I have a very normal job—I was scared. I was scared for losing my job or losing my kids and just losing everything I worked really hard for so the microdosing was a little inconsistent. While it did make me feel better, I could never get past the threshold of feeling cured.
Almost serendipitously, another friend of my had recommended this ayahuasca shaman who she had gone to. I saw a drastic change in here when she did her own ceremony with him, so I was like why not, let’s give it a shot. I did a couple ceremonies with ayahuasca and my entire life turned around. My marriage was improving, I was enjoying life, I was enjoying my children. I actually got a new job in this time period, I was motivated again. It was shocking how effective these things worked for me and how quickly they worked.
On a whim, I was doing research about this stuff because it’s fascinating to me, I was looking at what’s going on in the brain and reading scientific articles that I barely understood and Decrim Denver popped up. I just googled the guy that was starting it, Kevin Matthews, and I reached out to him. I said, you know this is really interesting, nobody is working on this stuff in D.C. and I didn’t know at what capacity I could contribute to this or even if I had the time to do this. I’ve got two little kids and job of my own.
Kevin connected us with a few other people and it didn’t really go anywhere because things got busy in my life, but then Adam Eidinger contacted me because he had contacted Kevin Matthews and he said you have to call Melissa. Adam and I have had numerous conversations and my message resonated with him. He said I think you’re going to be a really important part of this. I’m quote-unquote a normal person with a normal life who’s had experience with this. I kind of break the mold with people who use psychedelics in a way. And I started to open up about my experiences within my own circles and I was getting really positive feedback.
During my depression, I didn’t want to talk about anything with anyone. I felt even worse opening up at that time, but now that I’m out of the cloud, it was almost like people could really relate to this experience whether they use psychedelics or not.
MM: What do you think changed psychologically after you started using psychedelics for treatment?
ML: I think with depression, you start to develop all of these toxic thought patterns and you have a lot of negative self-talk and really bad self-worth. It was almost like immediately—and it sounds kind of nuts—but you can feel the pathways in your brain redirecting you in a different way. It’s almost like your brain is telling you, you don’t get to go in this direction anymore, you’re going this way and this is the right way. That was the most profound thing for me.
It was almost like my body wanted me to be in that depressive state, but my mind was like, no we’re not letting you do this when I was treating myself.
Read the proposed D.C. psychedelics decriminalization ballot initiative text below:
Idaho Medical Marijuana Activists ‘Likely’ To Seek Signature Gathering Relief After Court Ruling
A campaign to legalize medical marijuana in Idaho is preparing to potentially collect signatures again, as they are likely to seek the same relief that a federal court recently granted a separate campaign that found its petitioning efforts crippled by the coronavirus pandemic.
The judge said activists behind Reclaim Idaho, which is pushing an initiative on school funding, can start collecting signatures in-person and electronically for 48 days starting July 9. While the Idaho Cannabis Coalition wasn’t involved in that case, they feel the ruling will apply to them and they’re actively monitoring the situation.
“We are in the process of working with the local medical marijuana campaign to assess whether Judge Winmill’s order provides a route for the medical marijuana initiative to still qualify for the November ballot,” Tamar Todd, legal director for the New Approach PAC, which is lending support to the state cannabis effort, told Marijuana Moment.
“The medical marijuana campaign is similarly situated to the Reclaim Idaho campaign and will likely ask for a similar extension of time and permission to collect signatures electronically from the Secretary of State, and if necessary, from the District Court,” she said. “I don’t know the exact timeline as there are a number of moving pieces but it will be quick.”
On June 23, U.S. District Judge B. Lynn Winmill gave the state two options: either allow electronic signature gathering for 48 days or simply place the Reclaim Idaho initiative on the ballot regardless of the signature requirement. The state chose neither and proceeded to request that the ruling be stayed.
The judge denied the state’s request to stay the order, so the signature gathering for the school funding campaign can proceed on July 9. The state has since filed an emergency motion with the U.S. Court of Appeals for the Ninth Circuit to challenge the lower court’s ruling.
“The district court order severely and unquestionably disrupts Idaho’s election,” the state deputy attorney general wrote in the motion.
The deadline to submit 55,057 signatures to qualify the cannabis initiative passed on May 1, shortly after the group announced it was suspending petitioning activities because of the health crisis and the stay-at-home social distancing measures the state enacted. The cannabis campaign said it has about 45,000 raw signatures on hand at this point, and they’re confident that can fill the gap if they get the deadline extension and electronic petitioning option.
Under the proposed measure, patients with qualifying conditions could receive medical cannabis recommendations from physicians and then possess up to four ounces of marijuana and grow up to six plants.
While advocates say passing medical marijuana in one of the remaining states without such policies on the books would be a victory for patients in its own right, it could also have outsized federal implications. A House-passed bill to protect banks that service state-legal cannabis businesses from being penalized by federal regulators is currently sitting in limbo in a Senate committee chaired by a senator who represents the state.
Creating a medical marijuana program in Idaho, which is one of small handful of states that don’t yet even have limited CBD laws, could put additional pressure on Senate Banking Committee Chairman Mike Crapo (R-ID) to move the financial services legislation in Congress.
Summer Dreams Of Marijuana-Infused Slushies Are Melted By Oklahoma Regulators
Bad news for Oklahoma medical marijuana patients trying to beat the summer heat with a marijuana-infused slushy: State regulators say the icy beverages “are unlikely to meet requirements set forth in Oklahoma statutes and rules” for cannabis products.
As the weather heats up, THC-infused slushy machines have been popping up at more and more Oklahoma dispensaries. Made by companies such as Glazees, which offers flavors such as watermelon and blue raspberry, the THC-infused drinks sell for about $12-$15.
But despite their popularity with some patients, regulators say the slushies fail to comply with a number of state rules, such as a requirement that products be packaged in child-resistant containers. Dispensaries themselves also “are not allowed to alter, package, or label products,” regulators said.
State rules further require that all medical marijuana products be tested in their final form. “In this instance, the finished product is the slushy mixture to be dispensed to patients/caregivers, not the syrup,” regulators said. “If water, ice, or any other substance is added to the product, additional testing is required to ensure the product is safe for consumption and final-product labeling is accurate.”
The OMMA has received multiple inquiries regarding the processing and dispensing of marijuana-infused slushies on-site at medical marijuana dispensaries. Learn more here: https://t.co/3b6XFzYe2f pic.twitter.com/MPq4Z3PWft
— Oklahoma Medical Marijuana Authority (@OMMAOK) July 2, 2020
Regulators didn’t specify how adding water or ice to cannabis products could affect consumer safety, however.
The Oklahoma Medical Marijuana Authority (OMMA) issued the update on Thursday in what it called a “slushy-machine guidance” memo. The office said it had received “multiple inquiries regarding the processing and dispensing of marijuana-infused slushies on-site at medical marijuana dispensaries.”
It’s not the first obstacle encountered by Oklahoma marijuana businesses, which began popping up across the state voters passed a medical marijuana law in 2018.
Earlier this year, lawmakers passed a wide-ranging medical cannabis expansion bill, which would have allowed out-of-state residents to obtain temporary licenses, permitted licensed businesses to deliver marijuana to customers and eliminated jail time for for first-time possession convictions. But Gov. Kevin Stitt (R) then vetoed the bill, and lawmakers didn’t hold a vote to override the action.
Oklahoma activists also filed a proposed marijuana legalization ballot measure in December, but it’s unlikely the campaign can gather enough signatures to put the measure before voters this November. Their signature-gathering was largely delayed due to the coronavirus pandemic, and only last week did the state Supreme Court rule that the campaign could initiate petitioning. Supporters now have about 90 days to gather nearly 178,000 signatures from registered voters.
Photo courtesy of Max Pixel
Virginia Lawmakers Announce Plans To Legalize Marijuana, One Day After Decriminalization Takes Effect
Only a day after a new marijuana decriminalization law took effect in Virginia, top state lawmakers are announcing that they’re already looking ahead to full legalization.
A group of Democratic legislators on Thursday announced plans to introduce a bill to legalize and regulate a commercial cannabis market in the state. While the measure isn’t set to be filed until next year, lawmakers framed legalization as necessary in the fight for social and racial justice.
“Decriminalizing marijuana is an important step in mitigating racial disparities in the criminal justice system, but there is still much work to do,” House Majority Leader Charniele Herring (D) said in a press release. “While marijuana arrests across the nation have decreased, arrests in Virginia have increased.”
Other lawmakers backing the broader legalization push include Sens. Adam Ebbin (D) and Jennifer McClellan (D), as well as Del. Steve Heretick (D).
On Wednesday, the state’s new marijuana decriminalization policy took effect. The law, approved by lawmakers earlier this year and signed by Gov. Ralph Northam (D), removes criminal penalties for low-level marijuana possession. Under the change, having up to an ounce of cannabis is now punishable by a $25 fine and no threat of jail time or a criminal record.
Prior Virginia law punished simple marijuana possession with up to 30 days in jail, a $500 fine and a long-term criminal record.
“This bill will prevent low-level offenders from receiving jail time for simple possession while we move toward legalization with a framework that addresses both public safety and racial equity in an emerging market,” Herring said of the new law, which she sponsored in the House of Delegates and Ebbin led in the Senate.
The decriminalization measure also contains a provision to study future legalization. It requires a bevy of executive agencies, including “the Secretaries of Agriculture and Forestry, Finance, Health and Human Resources, and Public Safety and Homeland Security,” to convene an expert working group to study the matter. That panel’s report is due in November.
A separate legislative agency, the Joint Legislative Audit and Review Committee (JLARC), is also studying the impacts of possible legalization as the result of yet another resolution approved by lawmakers this year.
Lawmakers said on Thursday that the JLARC report, which is due in December, would inform how they shape legalization legislation they expect to file in 2021.
“Elements of the JLARC study include review of best practices from states such as Illinois that have developed a legal framework, testing and labelling recommendations, and measures to reduce illicit sales,” according to a press release from Ebbin’s office. “The study will also examine how best to provide redress and economic opportunity for communities disproportionately impacted by marijuana prohibition, and recommend programs and policies to reinvest in affected communities.”
The Virginia Legislative Black Caucus doesn’t want to wait for the results of the two reviews, however, and is pushing fellow lawmakers to take up cannabis legalization during a special session in August. In addition, the caucus has said its members intend to file bills to implement automatic expungement, ban no-knock warrants, require courts to publish racial date on people charged with low-level offenses and enact other sweeping criminal justice reforms.
Jenn Michelle Pedini, development director for the legalization advocacy group NORML and executive director of the group’s Virginia chapter, said the organization, which has worked with lawmakers on past reforms, looks forward to continuing to bring evidence-based cannabis policy to Virginia.
“For far too long, young people, poor people, and people of color have been disproportionately impacted by cannabis criminalization, and Virginia must take immediate steps to right these past wrongs and undo the damage that prohibition has waged upon hundreds of thousands of Virginians,” Pedini said. “It is time to legalize and regulate the responsible use of cannabis by adults in the Commonwealth.”
Ebbin said that despite the meaningful step of decriminalization, the state still has a long way to go.
“Today Virginia is taking an important first step in reducing the harm caused by the criminalization of cannabis,” he said in a statement. “The prohibition of marijuana has failed and the consequence of this failure has been felt overwhelmingly by Virginians of color, but it has not ended. It will only end when it is replaced by a regulated adult-use market that emphasizes equity—making whole those who have been burdened most by making sure they have a seat at the table and access to the marketplace. We are looking forward to doing the hard work needed to get this right.”
In the meantime, the Senate Democratic Caucus has announced it will pursue a bill during the special session next month to end law enforcement searches of people or vehicles based solely on the smell of marijuana, which critics say is a recipe for discriminatory enforcement. The group also noted that the chamber approved legislation during the regular legislative session that would have expunged certain marijuana charges and convictions, but that those bills didn’t make it to the governor’s desk.