Last week, Denver voters approved an initiative to decriminalize the use, possession and production of psilocybin—the active ingredient in “magic mushrooms” or “shrooms.” And while they are the first in the nation to do so, other states like Oregon and California are also considering putting ballot measures on psychedelics up for a vote in 2020.
But as states are beginning to move toward psilocybin decriminalization, don’t expect the issue to garner the same level of attention in Washington, D.C. that cannabis is currently enjoying—at least not yet. Legislators on Capitol Hill who either come from a state considering psychedelics legislation or have a history of championing marijuana reform—another federal Schedule I substance—had no comment on the issue when asked over the past week.
Sen. Rand Paul (R-KY), a longtime supporter of cannabis reform legislation, was willing to answer questions about what it will take for a marijuana banking bill to pass the Senate, but when asked by Marijuana Moment if states’ rights apply to psilocybin, the senator demurred.
“I don’t, I don’t have a comment on that,” he said, picking up his pace and hurrying down the hall in Dirksen Senate Office Building.
Rep. Diana DeGette (D-CO), who represents Denver, has filed several bills aimed at protecting state cannabis laws from federal intervention following Colorado voters’ approval of legalization in 2012. But her office did not respond to several queries about how the congresswoman voted on the local psilocybin ballot measure last week or what actions she is prepared to take to support it at the federal level.
Meanwhile, Sen. Ron Wyden (D-OR), whose state may put a psilocybin measure on the ballot in 2020, was somewhat aware of the issue but said his office hasn’t considered it deeply.
“As you know, there have been a host of areas where, when the federal government has dragged its feet, the states have moved,” Wyden said.
The senator then directed Marijuana Moment to a health policy aide, who in turn referred to another staffer in the senator’s office who handles cannabis issues, who ultimately said it was an issue they haven’t looked into.
Sen. Jeff Merkley (D-OR) and Reps. Lou Correa (D-CA), Ed Perlmutter (D-CO) and Conor Lamb (D-PA), who have all introduced or cosponsored cannabis legislation, and most of whom come from states considering psilocybin reform, all said they did not know enough about the issue to comment.
Lamb, who has signed onto bills calling for more research into cannabis’s potential medical benefits for military veterans, admitted he didn’t know what psilocybin was.
And Correa, who is the chief sponsor of the same veterans legislation, said, “I don’t know what a mushroom looks like—if it’s big, tall or what.”
Activists in Correa’s home state of California are preparing to place a psilocybin decriminalization measure on the state’s general election ballot next year.
The reluctant response isn’t surprising to advocates. Jag Davies of the Drug Policy Alliance, a group that advocates for the decriminalization of all drugs, including marijuana and psilocybin, says that cannabis is by far the most well-known Schedule I substance among politicians.
“That shows right there how different [psilocybin] is from marijuana, where it isn’t… a name people are familiar with,” says Davies.
— Senator John Cornyn (@JohnCornyn) May 9, 2019
And many D.C.-based cannabis advocacy groups also do not have plans to incorporate mushrooms into their daily lobbying agenda.
“We have marijuana on the door, not drug,” Justin Strekal of NORML told Marijuana Moment.
Part of the reason for this, especially among advocates, is the impact level. Exponentially more Americans are arrested every year for cannabis possession than for mushrooms. According to the Denver district attorney’s office, only 11 psilocybin cases went to trial there over the past three years. Conversely, in Colorado the year before marijuana became legal, more than 12,000 people were arrested on cannabis-related charges.
Davies says singling out specific, smaller-impact drugs like psilocybin is a mistake that results in the lack of attention given to the issue on the federal level. Advocates feel that instead of trying to tackle the issue piecemeal, states and municipalities trying to end drug prohibition should take a holistic view of decriminalization, as the Colorado legislature has done in passing a bill that decriminalizes single possession of a Schedule I or Schedule II drug—which includes psilocybin. That bill is now headed to the Gov. Jared Polis (D), who is expected to sign it.
Most advocates agree, though, that psilocybin likely would not have been decriminalized had cannabis not already paved the way. And even so, it wasn’t until multiple states legalized marijuana for recreational use that Congress began to take cannabis legislation seriously. When Barack Obama ran for president in 2008, for example, his campaign took pains to clarify that he didn’t even support decriminalizing cannabis; but in 2019, Democratic presidential hopefuls are practically tripping over each other to show greater support for legalizing marijuana outright.
For most politicians on Capitol Hill, cannabis is where their focus is going to stay for the foreseeable future.
“We’ve spent years setting the table for the blueprint, dealing with cannabis legalization,” says long-time cannabis advocate Rep. Earl Blumenauer (D-OR), who released a ‘blueprint’ detailing the path toward comprehensive cannabis legalization on the federal level last year.
“I’m resisting the siren call of being involved with each thing that comes down the path,” he said when Marijuana Moment asked whether he would endorse the proposed psilocybin measure that could appear on the ballot in his home state of Oregon next year.
But even while there appear to be no members of Congress who are currently ready to actively champion broader drug policy reform concerning psychedelics, some are keeping an open mind on the issue.
“Let me tell you how I came to the conclusion that veterans needed to be treated with cannabis: they came to me,” said Correa, who has since led the charge to expand veterans-focused marijuana research.
“I think [also considering psilocybin research for veterans] is a possibility,” the congressman added. “I think we need to look at other alternatives to treating patients, to treating veterans, other than opioids.”
Photo courtesy of Wikimedia/Mushroom Observer.
Montana Lawmakers Weigh Bill To Limit Marijuana Businesses
The committee also considered legislation on employment protections for medical cannabis patients.
By Keila Szpaller, The Daily Montanan
Glenn Broughton grew his medical marijuana business from a small storage shed to an operation that employees nearly 30 people, and if he’s shut down, he said he’ll go bankrupt.
“I’ve never been so scared in my life of what is going to happen to me at a pen-stroke,” said Broughton, who operates in Missoula, Lolo and St. Regis.
The business owner testified Wednesday before the House Business and Labor Committee against House Bill 568. The bill would allow roughly 115 marijuana dispensaries in the state—or not more than one per 10,000 people in a county, but 10 maximum—compared to the 355 medical dispensaries that are currently open.
No members of the public spoke in favor of the legislation.
In November, voters passed an initiative that legalizes recreational marijuana by 57 percent, and the Montana Department of Revenue anticipates accepting license applications in October.
Sponsored by Rep. Lola Sheldon-Galloway, R-Great Falls, the bill would limit dispensaries to be no closer than 1,000 feet from a school, daycare, place of worship, park or playground. It also would limit dispensaries to one per 10,000 residents in a county or up to 10 dispensaries maximum in one county.
“The people of Montana have asked us to have recreational marijuana in our state,” Sheldon-Galloway said. “My bill is just asking for some sideboards.”
Opponents, though, argued the sideboards would “squash the little guy” and favor massive operations flush with cash over smaller homegrown businesses. They also said the prohibitions go too far to realistically implement.
Sam Belanger, who said he read Montana’s marijuana legalization bill from cover to cover, told the committee he didn’t think the location restriction of 1,000 feet as the crow flies—rather than 500 feet and on the same street—would work in cities and towns.
“It eliminates almost all viable options for any dispensary in the state inside municipalities,” said Belanger, of Ronan.
Kate Cholewa, a cannabis advocate who has worked on related legislation in Montana, said the math simply doesn’t pencil out. When medical users were “tethered,” or tied to a specific provider, she said a business with 200 customers could make a good living.
With proposed limits, providers would have six times those customers. She also wondered who would be deciding who gets the the small number of licenses that would be available if the bill is enacted.
“This is just an invitation to problems and corruption,” Cholewa said.
Pepper Petersen, president of the Montana Cannabis Guild, said one of the reasons he helped draft Initiative-190, the legalization bill, is that recreational marijuana can generate tax revenue for the state.
“Most of that coal economy is gone. We need a replacement for that money,” Petersen said.
He estimated the revenue for state coffers could hit nearly $100 million a year for both recreational and medical marijuana. A study from the Bureau of Business and Economic Research at the University of Montana estimated a 20 percent tax on recreational marijuana could result in $43.4 million to $52.0 million a year from 2022 to 2026.
As part of her argument in favor of the bill, Rep. Sheldon-Galloway pointed to the relatively high use of marijuana among Great Falls middle and high school students compared to the state average. In Alaska, she said school suspensions for marijuana increased 141 percent after legalization.
Chuck Holman, though, said Montanans don’t want more regulations, and Cascade County needs to deal with its own problems.
“That county needs to address it themselves,” Holman said.
Wednesday, the committee heard a separate bill related to medical marijuana, House Bill 582.
Sponsor Rep. Robert Farris-Olsen, D-Helena, said he brought the bill forward because one of his constituents told him she lost her job because of her use of medical marijuana for a debilitating condition.
He said the bill wouldn’t allow the use of medical marijuana on the job, but it would prevent an employer from barring a person from using medical marijuana off the job for a medical condition.
Several opponents argued the bill wouldn’t make sense for industries where employees operate heavy equipment or must have a CDL, a commercial driver’s license. Jason Todhunter, with the Montana Logging Association, said logging is a highly hazardous industry, and some employers choose to conduct drug testing.
“This would muddy the waters on what we could check for,” Todhunter said.
The committee did not take action on either bill on Wednesday.
IRS Chief Says Agency Would ‘Prefer’ If Marijuana Businesses Could Pay Taxes Electronically
The head of the Internal Revenue Service (IRS) told Congress this week that the federal agency would “prefer” for state-legal marijuana businesses to be able to pay taxes electronically, as the current largely cash-based system under federal cannabis prohibition is onerous and presents risks to workers.
During an oversight hearing before the House Appropriations Financial Services and General Government Subcommittee on Tuesday, IRS Commissioner Charles Rettig was asked about the lack of banking access for marijuana businesses and what steps could be done to normalize the market.
Rep. David Joyce (R-OH), who serves as a co-chair of the Congressional Cannabis Caucus, said that barring marijuana companies from traditional financial services is “inefficient for business and the IRS alike, obviously, not to mention ample opportunity for fraud and abuse it creates, as well as potential for criminal acts as far as robbing and stealing from those.”
Rettig replied that “the IRS would prefer direct deposits moreso than receiving actual cash payments.”
“It’s a security issue for the IRS. It’s a security issue for our employees in our taxpayer assistance centers, [which] is actually where we receive these payments,” he said. “We created special facilities in the tax to receive the payments. Then we similarly have to transport the payments themselves.”
Watch the IRS commissioner talk about marijuana tax challenges below:
“Money is fungible. We have to receive it. We don’t make a determination as to what is or is not legal, but the tax payments do come in and we would rather have direct deposits if we could,” the commissioner said.
Former Treasury Secretary Steven Mnuchin said in 2019 that he’d like to see Congress approve legislation resolving the cannabis banking issue and he pointed to the fact that IRS has had to build “cash rooms” to deposit taxes from those businesses as an example of the problem.
Marijuana finances also came up this week during a confirmation hearing for President Joe Biden’s pick for deputy secretary of the Treasury.
Sen. Catherine Cortez Masto (D-NV) asked the nominee, Adewale Adeyemo, whether he feels 2014 Financial Crimes Enforcement Network (FinCEN) guidance should be updated to “set expectations for financial institutions that provide services to cannabis-related industries” and what steps he would take to that end.
“I look forward, if confirmed, to talking to my colleagues at Treasury about this important issue and thinking through what changes may be needed and doing this in a way that’s consistent with the interagency with the president’s guidance,” Adeyemo replied. “In doing that, I look forward to consulting with you and members of this committee on our path forward.”
IRS released updated guidance on tax policy for the marijuana industry last year, including instructions on how cannabis businesses that don’t have access to bank accounts can pay their tax bills using large amounts of cash.
This update appears to be responsive to a Treasury Department internal watchdog report that was released in April. The department’s inspector general for tax administration had criticized IRS for failing to adequately advise taxpayers in the marijuana industry about compliance with federal tax laws. And it directed the agency to “develop and publicize guidance specific to the marijuana industry.”
The IRS’s commissioner of the Small Business/Self Employed Division participated in a cannabis-focused event in December in which he noted the legalization movement’s continued momentum, saying that it will potentially succeed in ending prohibition in “all states.”
As far as banking is concerned, House Democrats did approve a bill in 2019 that would have protected financial institutions that service the marijuana industry from being penalized by federal regulators. Leadership also attached that measure’s language to two pieces of coronavirus relief legislation last year, but they declined to add it to their latest version, despite having reclaimed the majority in both chambers of Congress and control of the White House.
Many of these financial services issues would also be resolved if Congress passed legislation to federally deschedule cannabis—and there’s a plan in the works on the Senate side to get that done this year.
A trio of senators—Senate Majority Leader Chuck Schumer (D-NY), Senate Finance Committee Chairman Ron Wyden (D-OR) and Sen. Cory Booker (D-NJ)—are in the process of drafting a legalization bill. And they recently held a meeting with representatives from a variety of advocacy groups and business associations to get input on the policy change.
Missouri Bill Would Add MDMA, Psilocybin Mushrooms And LSD To Right-To-Try Law
Missouri residents with debilitating, life-threatening or terminal illnesses could gain legal access to an array of psychedelic drugs under new legislation aimed at expanding the state’s existing right-to-try law.
A bill introduced last week by Republican Rep. Michael Davis of Kansas City would allow seriously ill people to use substances such as MDMA, psilocybin mushrooms, LSD, DMT, mescaline and ibogaine with a doctor’s recommendation after exhausting all other approved treatment options. It would also remove felony penalties statewide for simple possession of the drugs, reclassifying low-level offenses as misdemeanors.
Supporters at Crossing Paths PAC, a political action committee that supports “pro-drug policy and criminal justice reform campaigns and candidates,” said the bill would allow patients to try therapies “considered promising in the treatment of a variety of mental health conditions,” including post-traumatic stress disorder (PTSD) and depression.
In a statement put out by the group, Davis said the bill “protects the liberty interests of Missourians who believe these drugs offer valuable options in the treatment of numerous conditions.”
— Crossing Paths PAC (@DrugReformMO) February 19, 2021
“Many psychedelic drugs have decades of clinical research supporting their efficacy and safety profiles,” Davis said, “yet the FDA has been slow to act to reschedule these drugs.”
HB 1176 would build on the state’s 2014 right-to-try law, Republican-led legislation that allows patients with terminal illnesses to access “investigational drugs and devices” that are not approved by the U.S. Food and Drug Administration (FDA).
President Donald Trump signed a federal “Right to Try Act” in 2018, allowing certain patients to access drugs that have not yet been approved by the Food and Drug Administration for broad use.
The current Missouri law specifically forbids the use of Schedule I controlled substances.
The new bill would remove that provision and expand eligibility to include patients with “debilitating” or “life-threatening” illnesses. A patient with a doctor’s recommendation who “has considered all other treatment options” would be exempt from the state’s laws against possessing the drugs.
Drug manufacturers could also legally produce the substances under state law, and physicians and pharmacies could lawfully distribute them.
For people who aren’t qualifying medical patients, the measure appears to reduce existing criminal penalties for possessing the listed substances. Under HB 1176, possession of up to 10 grams would be a class D misdemeanor, which carries a maximum $500 fine. Possession of between 10 and 35 grams would be a class A misdemeanor, punishable by up to a year in jail and a maximum $2,000 fine.
Under current law, possessing any amount of the listed psychedelics is class D felony, which can mean up to seven years in prison.
The Missouri measure is similar to a bill introduced in Iowa last week that would expand that state’s right-to-try law to include psilocybin, MDMA, LSD, DMT, peyote and other currently illegal drugs. The Iowa bill’s sponsor, Rep. Jeff Shipley (R), who earlier this month introduced legislation to remove psilocybin from the state’s list of controlled substances, recently described the right-to-try legislation to Marijuana Moment as “the most conservative approach to usher in the new age of mental and emotional healthcare.”
Marijuana Moment is already tracking more than 700 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.
Missouri’s HB 1176 is one of more than a dozen bills related to drug policy to have been introduced in the state this year, including measures to put marijuana legalization on the 2022 ballot and allow medical marijuana consumption at hotels and Airbnb lodgings.
Other bills being considered this session, according to a summary of legislation being tracked by Crossing Paths PAC, would expunge marijuana-related offenses, prohibit the disclosure of medical marijuana patient information to unauthorized parties, reduce penalties for drug possession, protect medical marijuana patients in family court matters and adjust rules around medical marijuana licensing, taxes and banking.
“While other crises took precedence in terms of media attention,” the group said in a blog post last week, “2021 will go down in history as the year Missouri lawmakers—Republican and Democrat—began to take serious action to end the War on Drugs.”
Elsewhere across the country, lawmakers are considering similar reforms to roll back drug penalties or carve out legal access for therapeutic use.
Last week, a California lawmaker, state Sen. Scott Wiener (D) introduced legislation that would legalize the possession and social sharing of a number of drugs, including psilocybin mushrooms, LSD, ketamine, mescaline, ibogaine, DMT and MDMA. It would also provide for the expungement of past criminal records for possession or use. The state would establish a task force under the proposal to study potential future regulatory systems around psychedelics, with a report due in 2024.
Also last week, Massachusetts lawmakers introduced two drug-reform proposals, one to remove criminal penalties for all drugs and another to establish a task force to explore legalizing plant- and fungi-based psychedelics.
Earlier this month, a Texas state legislator introduced a bill to require the state to study the therapeutic potential of psilocybin, MDMA and ketamine in the treatment of certain mental health conditions.
Vermont lawmakers, meanwhile are expected to introduce a number of drug reform bills this session, including a measure to decriminalize all drugs and a separate proposal, expected Tuesday, that would remove psychedelic plants and fungi from the state’s list of regulated substances.