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Applying The Lessons Of Legal Cannabis To Psychedelics Decriminalization (Op-Ed)

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“If the common person has the ability to grow and use their own healing plants, and share with friends, they can forever hold the corporate interests accountable.”

By Carlos Plazola, Decriminalize Nature

We’re getting decriminalization and legalization of our sacred plant allies all wrong. I was part of the process that screwed up our relationship with cannabis. And these are my lessons I carry to a new movement called Decriminalize Nature, born in Oakland and now spreading across the country in over 100 cities and 30 states.

In 2010, I sat at a meeting in Richmond, California lobbying the City Council to allow dispensaries to become permitted. My team presented a complex rubric of regulations they could place on the dispensaries to ensure the world would stay safe, and we seduced them with the staggering tax windfalls they’d receive once the dispensaries were fully operational. It helped that the unregulated mortgage derivate industry had just sucked trillions of dollars out of the economy, causing de-industrialized towns like Richmond to hemorrhage from their dwindling budgets. We brought to them smoke and mirrors, complex regulations and greed. And they ate it up.

I was part of a large group of second wave organizers following early-in pioneers who, for the love of the plant, sought to decriminalize cannabis for medical healing purposes throughout the 80s and 90s. Where their version of the story focused on the healing power of cannabis, the assistance it provided to heal trauma and all the medical benefits, our version of the story in the mid-2000s focused on the power of cannabis to create taxes, to create wealth, to heal the budgets of cities and make communities rich. In other words, the full-blown commodification narrative was set loose.

But, to be fair, the war on cannabis was stupid to begin with. We all knew it, and the fear held by officials at all levels of government was dumbfounding. All anyone had to do to understand that the hype behind Reefer Madness and the dangers of weed was nonsense was to do a news search on the history of cannabis and read a few news articles and scientific studies. Two hours on a computer googling “why did cannabis get on Schedule I?” would have shown that available scientific research showed marijuana should NOT have been on Schedule I. But elected officials live in fear. It’s almost a prerequisite to re-election. Always looking over the shoulder at the next up-start poised to take their seat. “Can’t make a stupid decision that will wreck my career.”

But here we found ourselves on familiar terrain. How do you overcome the innate fear of elected officials who refuse to look at things rationally and prefer to “do more studies!” or employ the standard delay tactic of “send it to committee,” instead of righting Nixon’s wrongs? I’d spent eight years in government, as a congressional aide and council chief of staff, and I understood that fear and paranoia was just part of the game. So, it seemed logical to fight fire with fire. The ends justify the means, don’t they? (It turns out they don’t.) How do you get over an irrational fear of a decision maker? Desire. Offer them something they can’t refuse. So, we did. And in the process, we destroyed our relationship to cannabis.

From this strategy of appeasing politician’s fear were born the three horsemen of the apocalypse on healing plants. The three horsemen emerged as Scarcity, Complexity and Greed. Together they are destroying the sacred relationship between humans and cannabis, and are poised to destroy our relationship to entheogenic plants and fungi—if we, as advocates, repeat our mistakes.

Horseman #1: Scarcity

“But weed will be everywhere and everyone will be smoking it, children will die from it, cars will drive off bridges because of it and hell will break loose! How will you prevent this?!” sang the chorus of anxious elected officials. Now, at this moment, we should have all united as advocates and stood strong and calmed them down, like a mother calms a terrified child and says, “show me where the monster is.” And we should have shown them that there are no monsters in the closet. “It was all Nixon’s hype. And since progressive elected officials all hate Nixon so much, join us in righting his wrong against our natural world and our consciousness.”

It could have been so beautiful. We could have forced the conversation toward the truths about this beautiful plant that has co-evolved with humans and provided so much healing over the eons but, instead, we took the bait and we did something very stupid. We said, “OK, we’ll limit the number of plants that individuals are allowed to grow.” The intention was good (to allay their fear) but the logic was flawed. By limiting the amount someone can grow, we sent the message that cannabis is dangerous and we created scarcity, especially for those who most needed it to heal.

Horseman #2: Complexity

“Any intelligent fool can make things bigger and more complex. It takes a touch of genius, and a lot of courage to move in the opposite direction.” Einstein was right. As it pertains to cannabis, we wanted to allay the fears of the elected officials, so we offered them complex regulatory frameworks, and they ran with it.

In the early 2000’s, the herd began its stampede toward greater and greater regulatory complexity, and hasn’t stopped since. Everyone had to put their fingerprints on the regulations. By the time the California state cannabis regulations were completed and published in January 2019, only a few well-paid lawyers understood what the hell was going on, and most of them were faking it. Their $500 hourly billing rate wasn’t really all that attainable for that black or brown person in East or West Oakland who’d been cultivating the sacred plant for 20 years as their livelihood, did time in the 80s for having a baggy of weed in their car and would eventually get pushed out of the industry because of the cost of complexity.

Again, the intentions were good, but we were reacting to fear. How do we keep babies from going up in flames? Create new regulations. And while the stampede was running full-speed ahead toward Complexity Cliff, it seemed no one had the fortitude to just raise their hand and say, “uh, guys, gals, we have all these pre-existing regulations that have been working perfectly fine for well, about a hundred years or more. Why don’t we just apply these regs to cannabis, like we do to herbs, or tomatoes, or oranges, or Heinz Ketchup, or Newman’s Own lemonade?”

The initial reaction would have been predictable. “What?! Don’t you understand this plant is the devil’s weed! We must contain this THC/CBD Beast and tame it so it doesn’t destroy civilization!” But, over time, had we held to our message long enough, we could have convinced the decision-makers that “nope, cannabis is a loving and friendly plant that heals. You don’t have to treat it with disrespect. Just treat it like any other plant and relax.” The winners would have been everyone except lawyers and lobbyists. But alas, here we are. Weekly conference calls to make sure we’re meeting the most recent iteration of a regulatory requirement. A growing underground market of people telling the state to piss off. A bunch of angry advocates who helped create this complexity demanding justice. And the few true believers watching their mission of bringing the healing effects of cannabis to those in need become harder and harder.

Horseman #3: Greed

Create Scarcity. Check.

Create Complexity. Check.

OK, perfect. Launch Venture Capital! The final wave of total annihilation of our sacred relationship to cannabis.

To be fair, this was not some grand master plan by venture capitalists. I’ve been watching the cannabis industry take a big giant crap since 2000. Watching it all unfold. Paying my own heavy price for participating in this fool’s game of defilement. Venture capital wasn’t sitting on the sidelines waiting for their dastardly plan to finally unfold so they could rush in and collect their winnings. This is just how things work when we legislate from fear. It’s an inevitability.

Ruthless capitalism was created in response to fear hundreds of years ago. It feeds off fear and all the fear-based responses that emerge—well, like hoarding, for example. So, it was natural that the process we began in the early 2000s that started from a place of pandering to the fear of decision-makers would eventually end in the ultra-competitive world of venture capital. We did it. We came from love. We reacted to fear. We justified it by thinking the ends justified the means. And we set it down the road of destruction, so now the weed advocates hold conferences asking, “Where did cannabis go wrong?” and lamenting the lack of people of color in the industry, while down the road the capitalists hold conferences with panel titles such as, “Desktop and Mobile Technologies: CRM, POS, Blockchain, Digital Payment—what’s Hot and Needs to Disrupt?” in a room filled with primarily white entrepreneurs.

We did this. But we can learn from this to make sure we don’t destroy our relationship with our plant allies of the entheogenic type. Cannabis was the sacrificial lamb to the altar of human frailty. But here is our opportunity to get it right with our plant and fungal allies that lovingly heal our consciousness—ayahuasca, sacred mushrooms, ibogaine, mescaline cacti and the like, because if we fuck this one up, once knowledge, what forgiveness? None. Game over.

To Decriminalize Nature

Think about this for a moment. To Decriminalize Nature. Nature. Us. We’re Nature. We’re of Nature. Nature is Us. How did it come to pass that we would even need to create a movement that in essence says, “Decriminalize Us”? We, as humans, have become so embedded in fear that the absurd concept of criminalizing nature now actually makes sense to many people in the world. The logic is simple in their minds: “We must stop people from doing stupid things to themselves, and we can do this by declaring it illegal! And now, let’s throw them in prison for using these substances to protect them from themselves. There. Sit in a cage so you don’t harm yourself.”

That we have to explain this to elected officials can, at times, be maddening. Often the response is, “Do more studies! Send it to Committee!” Fear-based responses. But we must stay the course, be patient, build a movement and hold to our message this time, and our message is simple:

Build Abundance, Not Scarcity:

Any initiatives that seek to legalize, regulate or end the war on drugs must first, or simultaneously, decriminalize our relationship with natural healing plants without limits on growing, gathering or gifting of entheogenic plants for non-commodified uses. We must treat these plants as we would treat tomatoes, oranges or everyday garden herbs. By enabling anyone to grow as much as they want for non-commodified uses, we even the playing-field for the inevitable commodification down the road. If the common person has the ability to grow and use their own healing plants, and share with friends, they can forever hold the corporate interests accountable. They will retain the ultimate leverage of the freedom to home-grow if the products of corporations become unattractive or undesirable, or if they simply prefer to grow their own and not rely on corporate products—just like with oranges or tomatoes.

Don’t Reinvent The Regulatory Wheel:

Like oranges or tomatoes, it is likely that commodified products from healing plants and fungi will emerge. But we don’t need to create complexity where the only winners are lawyers and lobbyists. Keep it simple. Use pre-existing regulatory frameworks that work just fine.

Transform Capitalism:

Ok. This is a tall order. And will likely take a couple of centuries for us to achieve, presuming we can get there as a species. It is also inevitable that this single-motive technology (capitalism) will eventually evolve to encompass other values, such as compassion, ecological protections and empathy. But, until then, we will all have to work together to push full decriminalization without caps on amounts as a balancing force, keep regulations simple and work together to encourage any for profit venture capitalist or corporation to approach nature with reverence.

This next great frontier of humanity is not out there in space, on Mars or on some new undiscovered continent. The next great frontier of humanity is inward. It involves conquering our fears; the fears that have us treating ourselves, each other and nature with disdain, allowing the emergence of destructive policies and practices that hurt only us. The next move is to decriminalize our relationship with nature which, when we finally wake, we’ll understand was really about decriminalizing our own relationship with ourselves and letting go of fear.

Carlos Plazola is the chair of the board of Decriminalize Nature. He formerly worked as a lobbyist in the cannabis industry from 2008 to 2012 and as chief of staff to the Oakland City Council president from 2000 to 2006.

Nearly 100 Cities Are Considering Decriminalizing Psychedelics, Map Shows

Photo elements courtesy of carlosemmaskype and Apollo.

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Minnesota Marijuana Legalization Bill Clears 12th And Final House Committee, Advancing To The Floor

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A bill to legalize marijuana in Minnesota has been approved by its final House committee and will now advance to the floor.

The road to get to this position has been long and winding, with 12 panels hearing and voting on the measure since it was introduced in February.

House Majority Leader Ryan Winkler (D), Speaker Melissa Hortman (D) and other lawmakers filed the proposal, which would allow adults 21 and older to purchase and possess up to 1.5 ounces of cannabis and cultivate up to eight plants, four of which could be mature.

Members of the House Ways & Means Committee approved the legislation in a 16-10 vote on Friday.

Winkler previously said that he expects a floor vote this month, though that has yet to be scheduled. The legislature is slated to adjourn on May 17.

The bill “helps to correct wrongs that have been done for too long in Minnesota to communities who’ve been over-policed who have been targeted for cannabis enforcement to further a prohibition of cannabis that does not work,” the majority leader said in opening remarks.

Winkler said that “legalizing and creating a safe marketplace by taxing cannabis and using the proceeds from those taxes to pay for cannabis regulation to help invest in a cannabis industry” would reflect “the values of Minnesotans and help to address the harm that is caused by cannabis prohibition on our black and brown communities.”

The panel adopted an amendment from Winkler that expands the definition of social equity applicants to include those from communities disproportionately impacted by prohibition and makes changes to how regulators would address rules violations by businesses. It would also revise the amount of funding for various state agencies, including a reduction in appropriations for the Department of Corrections.

A proposal to require that the label on marijuana products include information about the maximum dose that is considered safe within a 24-hour period was also approved.

An additional amendment that would have required marijuana products to be labeled with a warning that cannabis remains illegal under federal law was rejected.

Prior to taking up the legalization bill, members adopted an amendment to separate budget legislation that would provide funding for the implementation of the cannabis program for the first biennium, after which time marijuana tax revenue would more than cover costs.

It the measure does clear the full House chamber, it’s still expected to face a significant challenge in the Republican-controlled Senate, where lawmakers have signaled that they’re more interested in revising the state’s existing medical cannabis program than enacting legalization of adult use.

That said, a GOP member of the Taxes Committee, which approved the legalization bill on Wednesday, indicated that he felt an amendment he introduced and that was adopted could bolster Republican support.

That revision from Rep. Pat Garofolo (R) directs remaining cannabis revenue to a tax relief account after implementation costs are covered and substance misuse treatment and prevention programs are funded.

“The adoption of this amendment is a gamechanger,” Garofalo said in a press release. “The Democrat majority accepting this amendment means that if signed into law, this bill will result in lowering taxes Minnesotans are FORCED to pay, financed with the revenue generated from taxes that people are CHOOSING to pay.”

Before the Taxes Committee, the bill passed the Health Finance and Policy Committee, Public Safety and Criminal Justice Reform Finance and Policy CommitteeEducation Finance CommitteeState Government Finance and Elections CommitteeJudiciary Finance and Civil Law Committee, Environment and Natural Resources Finance and Policy Committee, Agriculture Finance and Policy Committee, Workforce and Business Development Finance and Policy Committee, Labor, Industry, Veterans and Military Affairs Finance and Policy Committee and Commerce Finance and Policy Committee.

“At the beginning of the year, a House committee had never passed a legalization bill. Now, we’re on the verge of passing a bill off the House floor,” Winkler said in an email to supporters on Friday. “We have the ability to change laws in a way that improves people’s lives, whether it’s expunging cannabis-related records, targeting economic opportunity for those impacted most by the war on drugs, providing relief for veterans suffering from PTSD and serious health conditions, and more.”


Marijuana Moment is already tracking more than 1,100 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

The litany of committees the bill has gone through makes it perhaps the most thoroughly vetted legalization measure to move through a state legislature—and it means that a solid portion of the House has already had the chance to review, propose amendments to and vote on the legislation it as it advances to the floor, presumably increasing its chances of passage in the chamber.

The majority leader’s bill as introduced was identical to a proposal he filed last year, with some minor technical changes. Winkler, who led a statewide listening to gather public input ahead of the measure’s introduction, called it the “best legalization bill in the country” at the time. It did not advance in that session, however.

Under the legislation, social equity would be prioritized, in part by ensuring diverse licensing and preventing the market from being monopolized by corporate players. Prior marijuana records would also be automatically expunged.

On-site consumption and cannabis delivery services would be permitted under the bill. And unlike in many legal states, local municipalities would be banned from prohibiting marijuana businesses from operating in their areas.

Retail cannabis sales would be taxed at 10 percent. Part of that revenue would fund a grant program designed to promote economic development and community stability.

The bill calls for the establishment of a seven-person Cannabis Management Board, which would be responsible for regulating the market and issuing cannabis business licenses. It was amended in committee month to add members to that board who have a social justice background.

People living in low-income neighborhoods and military veterans who lost honorable status due to a cannabis-related offense would be considered social equity applicants eligible for priority licensing.

Cannabis retails sales would launch on December 31, 2022.

Gov. Tim Walz (D) is also in favor of ending marijuana prohibition, and in January he called on lawmakers to pursue the reform as a means to boost the economy and promote racial justice. He did not include a request to legalize through his budget proposal, however.

Walz did say in 2019 that he was directing state agencies to prepare to implement reform in anticipation of legalization passing.

Winkler, meanwhile, said in December that if Senate Republicans don’t go along with the policy change legislatively, he said he hopes they will at least let voters decide on cannabis as a 2022 ballot measure.

Heading into the 2020 election, Democrats believed they had a shot of taking control of the Senate, but that didn’t happen. The result appears to be partly due to the fact that candidates from marijuana-focused parties in the state earned a sizable share of votes that may have otherwise gone to Democrats, perhaps inadvertently hurting the chances of reform passing.

In December, the Minnesota House Select Committee On Racial Justice adopted a report that broadly details race-based disparities in criminal enforcement and recommends a series of policy changes, including marijuana decriminalization and expungements.

Wisconsin Governor’s Marijuana Legalization Proposal Stripped From Budget By GOP-Led Committee

Photo courtesy of Mike Latimer.

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Feds Announce New Standard THC Dose To Be Used In Marijuana Research, Effective Immediately

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A top federal health agency announced on Friday that it has determined the standard dose of THC that should be used for marijuana studies moving forward.

The National Institute on Drug Abuse (NIDA) said in a notice to researchers that there is a “new requirement to measure and report results using a standard THC unit in all applicable human subjects’ research,” which is effective immediately. That standard unit is five milligrams of THC.

NIDA said that inconsistencies in measuring and reporting THC exposure “has been a major limitation in studies of cannabis use, making it difficult to compare findings among studies.” Therefore, a “standardized measure of THC in cannabis products is necessary to advance research by providing greater comparability across studies of both its adverse effects and potential medical uses.”

The agency recognized, however, that “the same quantity of THC may have different effects based on route of administration, other product constituents, an individual’s genetic make-up and metabolic factors, prior exposure to cannabis, and other factors.”

But by creating a standard THC dose, it will nonetheless be easier to compare studies that involve THC exposure, which is a “high priority” of NIDA and the National Advisory Council on Drug Abuse.

“It is not the intent of this Notice to prescribe the quantity of THC that is permissible for use in research projects. Indeed, investigators are free to use more or less than 5mg of THC as appropriate for their study,” the notice states. “However, for applicable studies, investigators will be required to report the quantity of THC using the standard unit. Investigators may also report the quantity of THC in other units (e.g., milligrams) as appropriate.”

This comes one year after NIDA, which is part of the National Institutes of Health, first solicited feedback on a proposal to standardize THC content in cannabis research.

The agency said that it carried out “extensive stakeholder input,” along with “consultation with experts in the field,” to arrive at the decision to set the standard unit at 5 mg.

“This guidance will apply to applications where THC is a focus of the research,” the new notice continues. “Applicants are responsible for determining whether use of this standard unit is applicable to their research and for determining best approach to applying it in their research applications. A justification should be provided for research that does not propose to use the standard unit.”

NIDA Director Nora Volkow discussed the importance of establishing a standard THC unit in commentary published in the journal Addiction last year.

Citing research that calls for a five milligram THC standard, Volkow said she agreed with the study’s conclusion despite complicating factors. Those factors include potential issues related to the effect of having cannabis products with the same THC level but different concentrations of other cannabinoids such as CBD.

The complexities in research beyond having a standardized measure of THC “hardly negate the value” of setting one, Volkow said in her commentary. “In fact, having and using such a standard is a prerequisite for comparing the effects of various cannabis products on THC bioavailability, pharmacokinetics and pharmacological effects, which is knowledge fundamental to studies pertaining to medical use of cannabis.”

“Although cannabis remains an illicit substance in the United States, the expanded legalization by states requires us to develop the knowledge base that can help states develop policies to minimize risk from cannabis exposures, such as limits on the THC content of cannabis products,” she said.

Volkow has been vocal about the importance of streamlining and improving research into cannabis, and she’s laid partial blame for the the lack of studies on marijuana’s restrictive federal classification.

Kansas Senate Running Out Of Time To Pass Medical Marijuana Legalization Bill That Cleared House

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Kansas Senate Running Out Of Time To Pass Medical Marijuana Legalization Bill That Cleared House

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As advocates applaud the passage of a medical marijuana legalization bill in the Kansas House of Representatives, anxieties remain high over its prospects in the GOP-controlled Senate.

The chamber has days left being the end of the legislative veto session, and Senate leadership has signaled that they do not view the reform legislation as a priority.

“The Senate is not real high on the issue at this point” Senate President Ty Masterson (R) told an Associated Press reporter in a pun-filled text message on Thursday, adding that “we may roll it into a joint committee and see if we can weed out the issues.”

Whether he was serious about the joint committee or simply making an attempt at cannabis-related humor is unclear. A spokesperson for his office separately said that the chamber is focused on passing a budget bill and a school funding measure in the final days of the session.

“I can’t imagine we’d take the subject matter up this year,” Masterson said earlier this week ahead of the House vote.

If the Senate doesn’t take up the medical marijuana bill by May 11, it would still be alive for the second half of the legislative biennium that starts early in 2022 and could be acted upon then.

But even if senators do make time to establish a bicameral conference committee to consider the proposal, there are still serious doubts about whether the body would approve the resulting negotiated legislation. And defeat in the Senate this year would mean lawmakers would have to start the process all over again if they wanted to pursue the reform again next year.

Getting the bill to this stage alone has proved challenging.

It moved through the House Federal and State Affairs Committee after a series of hearings and onto the floor in March, but then it was rereferred to the panel for further consideration. Members then adopted several additional amendments before sending it back on the floor.

The legislation would establish a medical marijuana program for qualified patients. It lists about two dozen conditions that make a person eligible for cannabis, including Alzheimer’s disease, cancer, Crohn’s disease, glaucoma, multiple sclerosis, post-traumatic stress disorder and traumatic brain injury.


Marijuana Moment is already tracking more than 1,100 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

Smoking and vaping products would be prohibited. The bill would also not provide for home growing.

The state would license medical cannabis growers, testing labs, processors distributors and retailers, and counties would be able to opt out of allowing marijuana businesses to operate in their jurisdiction.

Patients would be able to purchase up to a 90 day supply of cannabis from licensed dispensaries, which would be regulated by the state Department of Alcoholic Beverage Control (ABC). That department would also be renamed the Division of Alcohol and Cannabis Control.

The secretary of the Department of Health and Environment would have to develop regulations to administer the medical cannabis program by July 1, 2023.

Gov. Laura Kelly (D), for her part, supports medical cannabis and would be expected to sign a bill if it arrived on her desk.

She pushed a separate proposal that would legalize medical cannabis and use the resulting revenue to support Medicaid expansion, with Rep. Brandon Woodard (D) filing the measure on the governor’s behalf.

Kelly has she said she wants voters to put pressure on their representatives to get the reform passed. And with the small timeline before the session’s end, the time to apply that pressure would be now.

While both pieces of legislation would make it so Kansas would join the vast majority of states that have legal medical marijuana markets, advocates view them as restrictive, particularly as it concerns the limited methods of consumption that would be permitted.

A separate medical cannabis legalization bill was introduced by the Senate Commerce Commerce in February, though it has not seen action beyond being referred to another panel.

Alabama Governor Will Give Medical Marijuana Bill A ‘Thorough’ Review, Spokesperson Says

Photo courtesy of Philip Steffan.

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