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:
New Hampshire Marijuana Legalization Effort Runs Up Against New Republican Legislature
“Eventually it will get passed. But I don’t think it will happen until we get a new governor.”
By Christian Wade | The Center Square
Marijuana advocates are continuing a push to legalize the drug for recreational use in New Hampshire, but the effort faces an unlikely path in the Republican-controlled Legislature.
A bipartisan bill filed in the state House of Representatives this month would, if approved, legalize recreational cannabis for adults over 21 and set up a system of regulation and taxation for the drug that would allow retail sales. It’s similar to proposals filed in previous legislative sessions, all of which have failed to win approval.
“The battle continues,” said Rep. Rebecca McWilliams, D-Concord, a primary sponsor of the bill. “We keep refining it and negotiating and trying to come up with something that could potentially get to the two-thirds vote needed to override the governor’s veto.”
The proposal would allow adults 21 and older to possess up to one ounce of weed and would authorize regulated cultivation and retail sales. Adults would be allowed to grow up to six marijuana plants at home. A state-run cannabis commission would set regulations and oversee the new industry. The proposal calls for a 9% tax on recreational pot sales.
But the measure faces a steep climb in the state legislature—which swung back to the GOP in the November 3 elections—not to mention the threat of a veto by Republican Gov. Chris Sununu, who opposes legalization.
McWilliams acknowledges the measure faces long odds in the biennial legislative session and said lawmakers who support the effort lack the votes to override a Sununu veto. But she said the effort is building more support with every passing year.
“Eventually it will get passed,” she said. “But I don’t think it will happen until we get a new governor.”
While marijuana remains an illegal drug under federal law, she said there’s a chance the new Democrat-controlled Congress and White House could lift the federal prohibition on pot.
Nationally, 68 percent of Americans back the legalization of marijuana, according to a recent Gallup poll, which noted that support has been inching up steadily over the years.
To date, 15 states, the District of Columbia, and the U.S. territory of Guam have legalized recreational marijuana. Thirty-six states have medical marijuana programs.
New Hampshire has often been described as a “cannabis island” with neighboring states and Canada allowing recreational marijuana cultivation and retail sales.
While the Granite State decriminalized marijuana possession in 2017, recreational growing and sales are not authorized.
In 2014, the Democrat-controlled House approved a legalization bill but it failed to pass the Senate. Similar proposals have been refiled every session, but have failed to gain traction.
The state has also allowed medical marijuana dispensaries since 2013, but cultivating the drug for personal use is still a felony.
Lawmakers approved a bill in 2019 that would have allowed medical pot patients to grow their own supply, but Sununu vetoed it, citing public safety concerns.
This piece was first published by The Center Square.
American Medical Association Asks Court To Overturn Medical Marijuana Vote In Mississippi
Two medical associations are throwing their support behind a lawsuit challenging the constitutionality of the medical marijuana ballot initiative that Mississippi voters overwhelmingly approved in November, arguing that it creates “risks to public health” and places a “burden” on physicians.
The American Medical Association (AMA) and its state affiliate, the Mississippi State Medical Association (MSMA), recently filed an amicus brief backing the legal challenge being considered by the state Supreme Court, which was brought by the city of Madison just days before the election.
The lawsuit argues that legalization proposal is invalid because of a state law that dictates the percentage of signatures required per district to qualify a ballot initiative.
While Mississippi’s secretary of state and attorney general have strongly criticized the suit, calling it “woefully untimely” and contesting the merits, AMA and MSMA are backing the challenge nonetheless.
“Making sure the constitutional amendment map is followed is always important, but given the nature of the initiative at issue and the substantial ramifications it poses for Mississippi’s public health and the medical community, particular care is warranted here,” the brief states, according to a blog post published by AMA on Friday.
The groups further argue that, outside of the statutory concerns outlined in the suit, the medical cannabis legalization initiative “poses significant risks to public health and puts a burden on Mississippi physicians.”
“While it is possible there may be beneficial medicinal uses of marijuana, numerous evidence-based studies demonstrate that significant deleterious effects abound,” the brief states, adding “without question, the public health risks are immense.”
Additionally, because marijuana remains federally illegal, the voter-approved measure would put physicians in “quite the pinch,” it says. “Yet physicians will be expected by their patients (though perhaps not required by Initiative 65) to sign off on certifications to receive their supply. Perhaps no liability will lie under state law, but what about federal law?”
In fact, federal courts have ruled that doctors have a First Amendment right to discuss medical cannabis with their patients without risking federal sanction.
“As everyone knows, all it takes to file a lawsuit is a piece of paper and a filing fee, so even if a physician is judged correctly and immunity is appropriate, the matter will still have to be litigated,” the AMA and MSMA brief continues. “And with increased exposure and litigation comes increased costs, not least of which is rising professional liability insurance premiums.”
The legal challenge brought by Madison cites a state law stipulating that “signatures of the qualified electors from any congressional district shall not exceed one-fifth (1/5) of the total number of signatures required to qualify an initiative petition for placement upon the ballot.” But that policy went into effect when Mississippi had five congressional districts, and that’s since been reduced to four, making it mathematically impossible to adhere to.
Advocates see desperation in the court filing, with the medical associations now making a last-ditch effort to overturn the will of voters.
“These are cynical attempts to undermine the democratic process,” Carly Wolf, state policies coordinator for NORML, said. “Legalization opponents have shown time and time again that they cannot succeed in either the court of public opinion or at the ballot box.”
“Thus, they are now asking judges to set aside the votes of over a million Americans in a desperate effort to override undisputed election outcomes,” she said. “Whether or not one supports marijuana legalization, Americans should be outraged at these overtly undemocratic tactics.”
Paul Armentano, deputy director of NORML, said “AMA’s position is woefully out of step with both public opinion and scientific consensus, as well as with the opinions of the majority of physicians.”
“It is regrettable that this organization would go on record in attempting to nullify the vote of a supermajority of Mississippi voters,” he said.
It’s also not especially surprising that these particular groups would join in this legal challenge given their earlier attempts to get voters to reject the reform initiative.
Weeks before the vote, AMA and MSMA circulated a sample ballot that instructed voters on how to reject the activist-led cannabis measure. The mailers said the associations were “asking for you to join us in educating and encouraging our population to vote against Initiative 65.”
Ultimately, however, nearly 74 percent of Mississippi voters approved the legalization initiative.
It will allow patients with debilitating medical issues to legally obtain marijuana after getting a doctor’s recommendation. It includes 22 qualifying conditions such as cancer, chronic pain and post-traumatic stress disorder, and patients would be allowed to possess up to 2.5 ounces of marijuana per 14-day period.
Marijuana Moment reached out to AMA and MSMA for additional information about the brief, which has not yet been posted on the state court’s public docket, but representative did not immediately respond.
The Mississippi case is just one example of legalization opponents asking the courts to overturn the will of voters who approve marijuana reform.
In South Dakota, another legal challenge against the constitutionality of a legalization initiative is playing out. In this case, plaintiffs—with the backing of Gov. Kristi Noem (R)—are claiming that the recreational marijuana measure violates a state statute requiring that proposals that appear on the ballot on deal with a single subject.
Over in Montana, opponents of a voter-approved initiative to legalize cannabis for adult use attempted to get the state Supreme Court to invalidate the proposal ahead of the vote, but the justices rejected that request, arguing that they failed to establish the urgency needed to skip the lower court adjudication process. They didn’t rule on the merits, however.
The plaintiffs then announced they were pursuing action in a lower court, arguing that the statutory proposal unlawfully appropriates funds, violating a portion of the state Constitution that prohibits such allocations from being included in a citizen initiative.
Separately, the Nebraska Supreme Court ruled in September that a medical marijuana legalization initiative could not appear on the state’s November ballot following a legal challenge, even though activists collected enough signatures to qualify.
The court determined that the measure violated Nebraska’s single-subject rule that limits the scope of what can be placed on the ballot before voters. Activists have already introduced a new initiative that they say will satisfy the court’s interpretation of state law—and their also working on a broader adult-use legalization measure.
New York Governor Releases More Details On Marijuana Legalization Proposal
New York Gov. Andrew Cuomo (D) has released more details of his marijuana legalization proposal, including plans to reinvest in communities most impacted by the war on drugs.
Following his State of the State address last week, in which the governor said enacting the reform could boost the economy while promoting social equity, he unveiled an outline of his agenda that provides more insights into what the state’s legal cannabis market could look like. Next, he’s expected to release the full budget proposal on Tuesday, which will contain much more detailed legislative language.
The State of the State Book released on Friday says Cuomo’s upcoming proposal would create an Office of Cannabis Management to regulate the program, establish national standards and best practices to encourage responsible marijuana consumption and provide for “robust social and economic equity benefits to ensure New York’s law will create an egalitarian adult-use market structure that does not just facilitate market entry but ensures sustained market share for entrepreneurs in communities that have been most harmed by cannabis prohibition.”
Notably, it also states that the plan will “correct past harms by investing in areas that have disproportionally been impacted by the war on drugs, understanding that expunging past cannabis convictions helps to correct the injustice faced on the day that someone was arrested, but fails to correct the lasting harms that arrest has had on citizens, families, and communities.”
That’s important, as the governor in past years has pushed for marijuana tax revenue to be put into the state’s general fund, rather than specifically allocating resources for community reinvestment, as some lawmakers and advocates have urged.
That said, it remains to be seen exactly how the governor’s forthcoming budget will go about “investing” in communities that have been harmed by past prohibition enforcement and whether it will be deemed adequate by legislators and activists who have balked at his past proposals.
Cuomo has included legalization in his last two annual budget plans, but the issue has consistently stalled over details in negotiations.
That said, the legislature will have more influence this year after Senate Democrats secured a supermajority in the November election. If Cuomo were to veto any bill over details he didn’t like, they could potentially have enough votes to override him.
The governor’s new outline also talks about making investments in research into harm reduction and education campaigns to deter youth use and impaired driving.
“Cannabis legalization will create more than 60,000 new jobs, spurring $3.5 billion in economic activity and generating an estimated $300 million in tax revenue when fully implemented,” the document says.
A separate section describes plans to bolster the state’s hemp industry.
To accomplish that, Cuomo will call together a workgroup “composed of hemp growers, researchers, producers, processors, manufacturers, and trade associations to make recommendations for the further development of hemp as a multi-use agricultural commodity and a mature cannabinoid wellness market.”
“The hemp workgroup will explore ways to provide more opportunities for New York growers and manufacturers and work to help facilitate the development of safe New York products that will meet the needs of informed consumers,” the plan says. The group’s recommendations could build upon regulations for hemp and CBD that were developed last year.
But for many advocates, it’s recreational legalization that has the spotlight this session. And to that end, New York lawmakers have made comments in recent months that indicate they feel the reform is inevitable, despite differing opinions on the specifics.
The top Republican in the New York Assembly said last month that he expects the legislature to legalize cannabis this coming session.
Senate Majority Leader Andrea Stewart-Cousins (D) said in November that she also anticipates that the reform will advance next year, though she noted that lawmakers will still have to decide on how tax revenue from marijuana sales is distributed.
Cuomo also said that month that the “pressure will be on” to legalize cannabis in the state and lawmakers will approve it “this year” to boost the economy amid the health crisis.
The push to legalize in New York could also be bolstered by the fact that voters in neighboring New Jersey approved a legalization referendum in November.
Legislators prefiled a bill to legalize cannabis in New York earlier this month. The legislation, introduced in the Senate by Sen. Liz Krueger (D) and 18 other lawmakers, is identical to a version she filed last year that did not advance.
Separately, several other bills that focus on medical marijuana were recently prefiled in New York, and they touch on a wide range of topics—from tenants’ rights for medical cannabis patients to health insurance coverage for marijuana products.