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California Activists File Psilocybin Legalization Ballot Measure As Legislature Advances Broader Psychedelics Bill

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California psychedelics activists are embarking on a bold journey, filing a petition for the 2022 ballot to make the state the first in the nation to legalize psilocybin mushrooms for any use.

The measure—titled the California Psilocybin Initiative—would legalize the “personal, medical, therapeutic, religious, spiritual, and dietary use of Psilocybin Mushrooms” for adults 21 and older.

Further, the initiative would allow for the cultivation, retail sale, social sharing and on-site consumption of the psychedelic.

There would be no limits on personal possession—a policy that has stirred controversy in the state legislature over separate legislation to legalize possession of a wide range of psychedelics that has already passed the Senate but which in its most recent Assembly committee consideration had certain limits added in an effort to build support.

Activists with Decriminalize California submitted the petition to the state attorney general’s office on Monday. That initiated a 30-day public comment period that will last until August 11. If the office accepts the measure and assigns it a title and summary, the group will need to collect 623,212 valid signatures from registered voters within 180 days.

While this proposal goes further than the psilocybin measure that Oregon voters approved last year, which made it legal for therapeutic use in a clinically supervised setting, it does still have a specific medical component.

Healthcare professionals “may recommend Psilocybin or Psilocybin Mushrooms for use in minors and adults under the age of 21, for the treatment of specific and appropriate indications,” it says.

The California Department of Food and Agriculture would be responsible for overseeing the implementation of the program overall. Meanwhile the state Department of Consumer Affairs and the Health and Human Services Agency would be required to “adopt and implement the qualification requirements and protocols for Psilocybin Mushroom-assisted therapy created by an independent professional certifying body. ”

Activists made a concerted effort in the measure to ensure the psilocybin products are generally treated like other legal commodities. For example, the products would not be subject to any licensing requirements, fees or taxes that “exceed the amount charged or assessed for comparable non-Psilocybin Mushroom related businesses.”

Psilocybin that’s sold for “medical, therapeutic, religious or spiritual purposes” wouldn’t be subject to any sales or excise tax at all. Those that are marketed as dietary supplements would be taxed “at the local sales tax rate at the point of sale.”

“Psilocybin Mushrooms and Psilocybin Mushroom Businesses shall be regulated as closely as practicable to non-psychoactive agriculturally produced mushrooms” except for specific labelling requirements, the measure says. The labels must include a universal symbol and a warning statement advising consumers to keep them out of reach of children and advising about impairment. Packaging must also explain the content of product, including milligrams of active ingredients per package and per serving.

Researchers, healthcare professionals and therapists would have specific protections related to psilocybin that are carved into the initiative. The psychedelic also couldn’t be used as the sole basis to revoke parental rights.

“Starting January 1, 2023, any Psilocybin Mushroom Business operating on land that is zoned for commercial agricultural production and approved by the COPA for food production can begin the cultivation, manufacturing, and wholesale distribution of Psilocybin Mushrooms,” the measure states. “Starting April 19, 2023, any business that is incorporated in California and possesses a California Seller’s Permit can begin retail sales.”

Local jurisdictions would be able to ban or limit psilocybin businesses from operating in their area if voters approve the restriction via citizen initiative or a petition submitted by a governing body.

Except for safety-sensitive positions “no person shall refuse to provide services or benefits or increase the charge for services or benefits, based on the lawful use, cultivation, possession, storage, or sales of Psilocybin Mushrooms,” it says.

“The purpose of this act is to implement a comprehensive, statewide scheme authorizing and regulating the cultivation, processing, and distribution of Psilocybin Mushrooms and the chemical compounds contained therein for personal, medical, therapeutic, spiritual, religious, and dietary use,” Ryan Munevar, campaign director of Decriminalize California, said in an email blast to supporters.

He added: “If all goes well and society isn’t shut down from another round of the plague, murder hornets, or an alien invasion (my personal favorite) then we should begin collecting signatures starting in early September of this year.”

Decriminalize California previously said that it would first work to convince lawmakers to pursue reform and then take the issue directly to the people if the legislature failed to act.

It’s not clear if the group has lost faith in a Senate-passed psychedelics decriminalization bill sponsored by Sen. Scott Wiener (D) that advanced through its second Assembly committee this week or if it simply wishes to pursue a different route, legalizing psilocybin alone and allowing for its commercial sale.

The group attempted to get a similar measure on the November 2020 ballot, but they faced signature gathering complications due to the coronavirus pandemic and ultimately abandoned that effort.

“Historically what we have already done is the truest most sincere form of open source politics and brings us one step closer to a proper direct democracy by electronic debate,” Munevar said.

Activists are also stepping up the push to enact psychedelics reform locally in other cities in the state and across the country.

The Northampton, Massachusetts City Council passed a resolution in April to deprioritize enforcement of laws against the possession, use and distribution of a wide range of psychedelics such as psilocybin and ayahuasca. It’s the third city in the state to advance the policy change, following Somerville and Cambridge.

These are some of the latest iterations of a national psychedelics reform movement that’s spread rapidly since Denver became the first city to decriminalize psilocybin mushrooms in 2019.

Besides the cities in Massachusetts, four others—OaklandSanta CruzAnn Arbor and Washington, D.C.—have also decriminalized possession of plant-and fungi-based psychedelics.

An Arcata, California councilmember announced this month that she would sponsor a measure to decriminalize psychedelics

In Oregon, November’s election saw the passage of a historic initiatives to legalize psilocybin mushrooms for therapeutic purposes and more broadly decriminalize possession of all drugs.

The governor of Connecticut signed legislation recently that includes language requiring the state to carry out a study into the therapeutic potential of psilocybin mushrooms.

Texas also recently enacted a bill to require the state study the medical benefits of psychedelics for military veterans.

A New York lawmaker introduced a bill last month that would require the state to establish an institute to similarly research the medical value of psychedelics.

In Oakland, the first city where a city council voted to broadly deprioritize criminalization of entheogenic substances, lawmakers approved a follow-up resolution in December that calls for the policy change to be adopted statewide and for local jurisdictions to be allowed to permit healing ceremonies where people could use psychedelics.

After Ann Arbor legislators passed a decriminalization resolution last year, a county prosecutor recently announced that his office will not be pursuing charges over possessing entheogenic plants and fungi—“regardless of the amount at issue.”

The Aspen, Colorado City Council discussed the therapeutic potential of psychedelics like psilocybin and proposals to decriminalize such substances at a meeting in May. But members said, as it stands, enacting a reform would be more better handled at the state level while entheogens remain strictly federally controlled.

Seattle lawmakers also recently sent a letter to members of a local task force focused on the opioid overdose epidemic, imploring the group to investigate the therapeutic potential of psychedelics like ayahuasca and ibogaine in curbing addiction.

Read the text of the California psilocybin legalization initiative below:

California psilocybin initi… by Marijuana Moment

Virginia Governor Too ‘Busy’ To Smoke Marijuana Following Legalization, He Says

Photo courtesy of Wikimedia/Mushroom Observer.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Kyle Jaeger is Marijuana Moment's Sacramento-based senior editor. His work has also appeared in High Times, VICE and attn.

Politics

Virginia Has Sealed 64,000 Marijuana Distribution Charges Since Legalization Took Effect This Summer

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“These aren’t just numbers and there are families attached.”

By Ned Oliver, Virginia Mercury

Virginia has sealed records documenting more than 64,000 misdemeanor marijuana distribution charges since the state legalized the drug in July.

The figure came out Thursday during a meeting of the legislature’s Cannabis Oversight Commission.

Officials said the records were scrubbed from the state’s criminal record database, which is used by employers like school boards, state agencies and local governments to screen employees.

The state had already sealed 333,000 records detailing charges of simple possession last year after the state reduced the offense to a civil infraction on par with a traffic offense, said Shawn G. Talmadge, the Deputy Secretary of Public Safety and Homeland Security.

Lawmakers directed the state to expand that effort when they voted to broadly legalize recreational use of marijuana earlier this year.

The legislature also agreed to a broader expungement reform that will automatically seal other misdemeanor charges, including underage possession of alcohol, use of a fake ID, petit larceny, trespassing and disorderly conduct. Talmadge said those charges will remain in the system until the state finishes updating the software it uses to track criminal records.

“As of right now, the process is proceeding,” he said.

Members of the oversight commission also heard from two advocates who urged them to move fast to address people currently imprisoned for marijuana offenses—a category of people the legalization legislation passed this year did not address.

Chelsea Higgs Wise, the leader of the advocacy group Marijuana Justice, and Gracie Burger, with the Last Prisoner Project, said Department of Corrections data suggests there are currently 10 people being held solely on serious marijuana charges.

They said it remains unknown how many more are being held because of marijuana related probation violations.

“These aren’t just numbers and there are families attached,” Burger said.

This story was first published by Virginia Mercury,

Nevada Sold More Than $1 Billion In Marijuana In One Year, Officials Report

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DEA Proposes Dramatic Increase In Marijuana And Psychedelic Production In 2022, Calling For 6,300 Percent More MDMA Alone

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The Drug Enforcement Administration (DEA) is proposing a dramatic increase in the legal production of marijuana and psychedelics like psilocybin, LSD, MDMA and DMT to be used in research next year.

In a notice scheduled to be published in the Federal Register on Monday, the agency said there’s been a “significant increase in the use of schedule I hallucinogenic controlled substances for research and clinical trial purposes,” and it wants authorized manufacturers to meet that growing demand.

DEA had already massively upped its proposed 2021 quota for cannabis and psilocybin last month, but now it’s calling for significantly larger quantities of research-grade marijuana and a broader array of psychedelics to be manufactured in 2022.

It wants to double the amount of marijuana extracts, psilocybin and psilocyn, quadruple mescaline and quintuple DMT. What especially stands out in the notice is MDMA. The agency is proposing an enormous 6,300 percent boost in the production of that drug—from just 50 grams in 2021 to 3,200 grams in the coming year—as research into its therapeutic potential continues to expand.

LSD would see a 1,150 percent increase, up to 500 grams of the potent psychedelic.

Marijuana itself would get a 60 percent boost under DEA’s proposal, up to 3.2 million grams in 2022 from the 2 million grams last year.

Here’s a visualization of the proposed quota increase from 2021 to 2022 for marijuana and cannabis extracts:

For all other THC, psilocybin, psilocyn and MDMA:

And for other psychedelic substances like LSD, mescaline and DMT:

DEA said in the Federal Register notice that it has been receiving and approving additional applications to “grow, synthesize, extract, and manufacture dosage forms containing specific schedule I hallucinogenic substances for clinical trial purposes” to achieve these ambitious quotas.

“DEA supports regulated research with schedule I controlled substances, as evidenced by increases proposed for 2022 as compared with aggregate production quotas for these substances in 2021,” the agency said, adding that it working “diligently” to process and approve marijuana manufacturers applications in particular, as there’s currently only one farm at the University of Mississippi that’s permitted to cultivate the plant for research.

“Based on the increase in research and clinical trial applications, DEA has proposed increases in 3,4- Methylenedioxyamphetamine (MDA), 3,4-Methylenedioxymethamphetamine (MDMA), 5-Methoxy-N,N-dimethyltryptamine, Dimethyltryptamine, Lysergic acid diethylamide (LSD), Marihuana, Marihuana Extract, Mescaline, Psilocybin, Psilocyn, and All Other Tetrahydrocannabinols to support manufacturing activities related to the increased level of research and clinical trials with these schedule I controlled substances.”

Here are the exact numbers for the proposed 2021 and 2022 quotas:

Substance 2021
2022 proposed
Marijuana 2,000,000 3,200,000
Marijuana extract 500,000 1,000,000
All other tetrahydrocannabinol 1,000 2,000
Psilocybin 1,500 3,000
Psilocyn 1,000 2,000
MDMA 50 3,200
LSD 40 500
Mescaline 25 100
DMT 50 250
5-MeO-DMT 35 550
MDA 55 200

A 30-day public comment period will be open after the notice is formally published on Monday.

It’s difficult to overstate just how significant the proposed 2022 increases are, but it’s certainly true that scientific and public interest in marijuana and psychedelics has rapidly increased, with early clinical trials signaling that such substances show significant therapeutic potential.

National Institute on Drug Abuse (NIDA) Director Nora Volkow told Marijuana Moment in a recent interview that she was encouraged by DEA’s previous proposed increase in drug production quota. She also said that studies demonstrating the therapeutic benefits of psychedelics could be leading more people to experiment with substances like psilocybin.

Advocates and experts remain frustrated that these plants and fungi remain in the strictest federal drug category in the first place, especially considering the existing research that shows their medical value for certain conditions.

A federal appeals court in August dismissed a petition to require the DEA to reevaluate cannabis’s scheduling under the Controlled Substances Act. However, one judge did say in a concurring opinion that the agency may soon be forced to consider a policy change anyway based on a misinterpretation of the therapeutic value of marijuana.

Separately, the Washington State attorney general’s office and lawyers representing cancer patients recently urged a federal appeals panel to push for a DEA policy change to allow people in end-of-life care to access psilocybin under state and federal right-to-try laws.

Singer Melissa Etheridge And Activist Van Jones Promote Psychedelics Reform As Movement Grows

Image element courtesy of Kristie Gianopulos.

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Supreme Court Won’t Hear Case On Legalizing Safe Drug Consumption Sites, But Activists Are Undeterred

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The U.S. Supreme Court (SCOTUS) has rejected a request to hear a case on the legality of establishing safe injection sites where people can use illicit drugs in a medically supervised environment.

The justices announced on Tuesday that they decided against taking up the case raised by the nonprofit Safehouse, despite the pleas of attorneys general from 10 states and D.C. who recently filed amici briefs urging the court’s involvement.

Representatives from 14 cities and counties, as well as the mayor of Philadelphia, which is at the center of the current case, also filed briefs in support of the case in recent days.

Safehouse was set to launch a safe consumption site in Philadelphia before being blocked by a legal challenge from the Trump administration. It filed a petition with the nation’s highest court in August to hear the case.

But while the Supreme Court declined to take action—and the Biden administration passed up its voluntary opportunity to weigh in at this stage, which may well have influenced the justices’ decision—activists say the battle will continue at a lower federal court level, where the administration will have to file briefs revealing its position on the issue.

“We were disappointed that the government chose not to respond to our petition,” Safehouse Vice President Ronda Goldfein told Filter. “They said, ‘We’re going to waive our right to respond,’ [and] the Supreme Court declined to review our case. Ordinarily that sounds like the end of the road—but in our case we are still pursuing our claims in a different venue.”

That venue will be the the federal district court in Philadelphia, where activists plan to submit multiple arguments related to religious freedom and interstate commerce protections. The Biden administration will be compelled to file a response in that court by November 5.

“If they don’t respond, they lose,” Goldfein said.

A coalition of 80 current and former prosecutors and law enforcement officials—including one who is President Joe Biden’s pick for U.S. attorney of Massachusetts—previously filed a brief urging the Supreme Court to take up Safehouse’s safe injection case.

Fair and Justice Prosecution, the group that coordinated the amicus brief, also organized a tour of Portugal for 20 top prosecutors in 2019 so they could learn about the successful implementation of the country’s drug decriminalization law.

If the Supreme Court were to have taken the case and rule in favor of Safehouse, it could have emboldened advocates and lawmakers across the country to pursue the harm reduction policy.

The governor of Rhode Island signed a bill in July to establish a safe consumption site pilot program where people could test and use currently illicit drugs in a medically supervised environment. It became the first state in the country to legalize the harm reduction centers. It’s not clear whether the Department of Justice will seek to intervene to prevent the opening of such facilities in that state.

Massachusetts lawmakers advanced similar legislation last year, but it was not ultimately enacted.

A similar harm reduction bill in California, sponsored by Sen. Scott Wiener (D), was approved in the state Senate in April, but further action has been delayed until 2022.

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